Sideris v Independent Liquor and Gaming Authority [2018] NSWCATAD 165

Sideris v Independent Liquor and Gaming Authority [2018] NSWCATAD 165

A stay was refused because the statutory scheme permits long term banning orders to be made when a person has been charged with, but not convicted of, a relevant serious indictable offence and provides for automatic revocation if the charges are withdrawn or dismissed; Mr Sideris gave no evidence of substantial adverse impact beyond a general restriction on civil liberties; the bail conditions did not fully address the protective purposes of the banning orders, particularly in relation to Kings Cross and high risk venues; and the public interest in reducing alcohol-related violence at high risk venues carried significant weight.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Administrative Review of Decision to Impose Long Term Banning Orders Under the Liquor Act 2007 (nsw) / Interlocutory Application for Stay and Procedural Orders
Outcome
The Commissioner of Police, NSW Police Force was joined as a respondent and the application for a stay of the long term banning orders was refused; procedural directions and a publication restriction order were made.
Legal Topics
['stay of Administrative Decision' 'long Term Banning Orders' 'alcohol Related Violence' 'serious Indictable Offence' 'public Interest' 'bail Conditions']
['administrative Law' 'liquor Licensing' 'civil and Administrative Procedure'] ['stay of Administrative Decision' 'long Term Banning Orders' 'alcohol Related Violence' 'serious Indictable Offence' 'public Interest' 'bail Conditions']

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Procedural Posture

Administrative Review of Decision to Impose Long Term Banning Orders Under the Liquor Act 2007 (nsw) / Interlocutory Application for Stay and Procedural Orders

Legal Issues

  1. 1 ['Whether the Tribunal should stay the decision of the Independent Liquor and Gaming Authority to impose long term banning orders for the Kings Cross and Sydney CBD precincts.' 'Whether the fact that the applicant had been charged but not convicted of relevant offences justified a stay.' "Whether the applicant's bail conditions and asserted restriction on freedom of movement reduced the need for the banning orders." 'Whether a stay was appropriate to secure the effectiveness of the determination of the administrative review, taking into account affected interests, submissions and the public interest.']

Ratio Decidendi

A stay was refused because the statutory scheme permits long term banning orders to be made when a person has been charged with, but not convicted of, a relevant serious indictable offence and provides for automatic revocation if the charges are withdrawn or dismissed; Mr Sideris gave no evidence of substantial adverse impact beyond a general restriction on civil liberties; the bail conditions did not fully address the protective purposes of the banning orders, particularly in relation to Kings Cross and high risk venues; and the public interest in reducing alcohol-related violence at high risk venues carried significant weight.

Court Disposition

The Commissioner of Police, NSW Police Force was joined as a respondent and the application for a stay of the long term banning orders was refused; procedural directions and a publication restriction order were made.

Orders

  • ['The Commissioner of Police, NSW Police Force is joined as a Respondent.' 'The request by Anders Sideris to stay the decision made by Independent Liquor and Gaming Authority on 4 July 2018 to impose long term banning orders for the Kings Cross and Sydney CBD precincts is refused.' 'Independent Liquor & Gaming...