Solomon v Licensing Court of New South Wales & Anor [2000] NSWSC 974

Solomon v Licensing Court of New South Wales & Anor [2000] NSWSC 974

In the context of s 161A of the Liquor Act, the phrase "any adjoining building" means a building with a close physical connection such as a common boundary or physical connection with the retail shopping centre, not merely a nearby or neighbouring building separated by a busy road and footpaths. The text, the definition of retail shopping centre adopted from the Retail Leases Act 1994, the confined purpose of the prohibition, and the broader social impact assessment regime all supported the narrower construction. The Licensing Court majority therefore erred in law in treating the plaintiff's proposed premises as part of a retail shopping centre and in imposing conditions on that basis.

Jurisdiction
Australia
Judgment Date
24 October 2000
Procedural Posture
Appeal on a Question of Law / Appeal to the Supreme Court of New South Wales From the Licensing Court of New South Wales
Outcome
Appeal allowed; relief granted to the plaintiff.
Legal Topics
['meaning of "adjoining"' 'approved Gaming Devices in Retail Shopping Centres' "removal of Hotelier's Licence" 'gambling Harm Minimisation' 'use of Extrinsic Materials']
['administrative Law' 'liquor Licensing' 'gaming Law' 'statutory Interpretation'] ['meaning of "adjoining"' 'approved Gaming Devices in Retail Shopping Centres' "removal of Hotelier's Licence" 'gambling Harm Minimisation' 'use of Extrinsic Materials']

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Procedural Posture

Appeal on a Question of Law / Appeal to the Supreme Court of New South Wales From the Licensing Court of New South Wales

Legal Issues

  1. 1 ['Whether the Licensing Court erred in construing "any adjoining building" in s 161A of the Liquor Act to include the plaintiff\'s proposed hotel premises separated from Chatswood Central Shopping Centre by private land, footpaths and Railway Parade.' 'Whether the Licensing Court erred in imposing conditions preventing approved gaming devices at the proposed hotel premises on the basis of that construction.']

Ratio Decidendi

In the context of s 161A of the Liquor Act, the phrase "any adjoining building" means a building with a close physical connection such as a common boundary or physical connection with the retail shopping centre, not merely a nearby or neighbouring building separated by a busy road and footpaths. The text, the definition of retail shopping centre adopted from the Retail Leases Act 1994, the confined purpose of the prohibition, and the broader social impact assessment regime all supported the narrower construction. The Licensing Court majority therefore erred in law in treating the plaintiff's proposed premises as part of a retail shopping centre and in imposing conditions on that basis.

Court Disposition

Appeal allowed; relief granted to the plaintiff.

Orders

  • ['Declarations in terms of paragraphs 1 and 3 of the Summons.' 'Orders in terms of paragraphs 4, 5 and 6 of the Summons.' 'The second defendant is to pay the costs of the plaintiff as agreed or assessed.' "The second defendant is to have a Certificate under the Suitor's Fund Act, if qualified." 'The exhibits may be...