Smith v Hardy & Anor [2000] NSWSC 1175

Smith v Hardy & Anor [2000] NSWSC 1175

Section 57(4) of the Liquor Act 1982 adopts a simple territorial test. Where a licence is proposed to be removed from premises A to premises B, the Licensing Court must determine whether B is within the neighbourhood of A. If B is within that neighbourhood, s 45(2) does not apply and a needs objection cannot be taken; it is not necessary to prove that the neighbourhood of the proposed premises is identical with the neighbourhood of the existing premises. The Licensing Court therefore made no error of law.

Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Appeal on a Question of Law Arising Under the Provisions of the Liquor Act 1982 / Supreme Court Summons Seeking Declaration, Quashing of the Licensing Court Determination, and Remittal
Outcome
Summons dismissed; plaintiff to pay the first defendant's costs.
Legal Topics
['removal of Off Licence' 'needs Objection' 'same Neighbourhood' 'licensing Court Determination']
['liquor Licensing' 'administrative Law' 'statutory Interpretation'] ['removal of Off Licence' 'needs Objection' 'same Neighbourhood' 'licensing Court Determination']

Case Brief

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Procedural Posture

Appeal on a Question of Law Arising Under the Provisions of the Liquor Act 1982 / Supreme Court Summons Seeking Declaration, Quashing of the Licensing Court Determination, and Remittal

Legal Issues

  1. 1 ['Whether s 57(4) of the Liquor Act 1982 excludes a s 45(2) needs objection where the proposed premises are within the neighbourhood of the existing premises, even if the neighbourhoods of the two premises may not be identical.' 'Whether the Licensing Court erred in law by holding that the plaintiff could not take the needs objection under s 45(2) of the Liquor Act 1982.']

Ratio Decidendi

Section 57(4) of the Liquor Act 1982 adopts a simple territorial test. Where a licence is proposed to be removed from premises A to premises B, the Licensing Court must determine whether B is within the neighbourhood of A. If B is within that neighbourhood, s 45(2) does not apply and a needs objection cannot be taken; it is not necessary to prove that the neighbourhood of the proposed premises is identical with the neighbourhood of the existing premises. The Licensing Court therefore made no error of law.

Court Disposition

Summons dismissed; plaintiff to pay the first defendant's costs.

Orders

  • ['Summons dismissed.' "The plaintiff is to pay the first defendant's costs."]