Independent Liquor and Gaming Authority v Auld [2019] NSWCA 88

Independent Liquor and Gaming Authority v Auld [2019] NSWCA 88

The Authority, when approving a removal application under s 59 of the Liquor Act 2007 (NSW), cannot change the licence type. The hotel licence must retain its character, and a new licence type (packaged liquor licence) cannot be granted via removal. The business at the new premises must satisfy the hotel primary...

Source-derived case information.

Parties
Applicant: Independent Liquor and Gaming Authority; Respondent: Trent Auld
Jurisdiction
Australia
Judgment Date
01 May 2019
Procedural Posture
Appeal / Final Judgment on Appeal to NSW Court of Appeal
Outcome
Appeal allowed, Authority’s refusal affirmed
Legal Topics
Statutory Interpretation, Liquor Licence Removals, Conditions on Liquor Licences, Hotel Primary Purpose Test
Administrative Law Liquor Licensing Law Statutory Interpretation Liquor Licence Removals Conditions on Liquor Licences Hotel Primary Purpose Test

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Independent Liquor and Gaming Authority

Applicant

Trent Auld

Respondent

Procedural Posture

Appeal / Final Judgment on Appeal to NSW Court of Appeal

Legal Issues

  1. 1 Does s 59 of the Liquor Act 2007 (NSW) authorise the Authority to grant a removal application that converts a hotel licence to a packaged liquor licence?
  2. 2 Can the Authority impose conditions on a hotel licence in a removal application so it operates as if it were a packaged liquor licence?
  3. 3 Is a business operating as a packaged liquor outlet under a hotel licence compatible with the hotel primary purpose test in s 15(1) of the Liquor Act 2007 (NSW)?

Ratio Decidendi

The Authority, when approving a removal application under s 59 of the Liquor Act 2007 (NSW), cannot change the licence type. The hotel licence must retain its character, and a new licence type (packaged liquor licence) cannot be granted via removal. The business at the new premises must satisfy the hotel primary purpose test, meaning liquor must be available for consumption on the premises. Conditions cannot be imposed to operate the hotel licence solely as a packaged liquor licence. The appeal was allowed because the Authority lacked power to approve a removal that failed to meet these statutory requirements.

Court Disposition

Appeal allowed, Authority’s refusal affirmed

Orders

  • Grant the Authority leave to appeal from the decision of the Appeal Panel
  • Direct the Authority to file a notice of appeal in the form of the draft notice of appeal within seven days