Cozanitis v Independent Liquor and Gaming Authority [2025] NSWCATAD 24

Cozanitis v Independent Liquor and Gaming Authority [2025] NSWCATAD 24

The Tribunal was satisfied that the extension of trading hours, subject to the proposed conditions (including a cessation of gaming at 2am), would not result in a detrimental social impact on the local or broader community. This finding was made after weighing substantial positive effects such as meeting community...

Source-derived case information.

Parties
Applicant: Jayde Cozanitis; Respondent: Independent Liquor and Gaming Authority
Jurisdiction
Australia
Judgment Date
21 January 2025
Procedural Posture
Administrative Review / Final Merits Decision
Outcome
Decision of the Authority set aside; application for extended trading hours granted with conditions; matter adjourned for agreement on licence conditions.
Legal Topics
Extension of Trading Hours, Social Impact Assessment, Community Consultation, Licence Conditions, Harm Minimisation, Burden of Proof in Merits Review, Late Night Gaming Restrictions
Administrative Law Liquor Licensing Gaming Regulation Extension of Trading Hours Social Impact Assessment Community Consultation Licence Conditions Harm Minimisation +2 more

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Parties

Jayde Cozanitis

Applicant

Independent Liquor and Gaming Authority

Respondent

Procedural Posture

Administrative Review / Final Merits Decision

Legal Issues

  1. 1 Whether extending the trading hours of the Homebush Hotel would be detrimental to the well-being of the local or broader community under s 48(5) of the Liquor Act 2007 (NSW)
  2. 2 Whether practices are in place to ensure responsible service of alcohol and prevention of intoxication under s 49(8) of the Liquor Act 2007 (NSW)
  3. 3 Appropriate weight to be given to expert evidence and community submissions

Ratio Decidendi

The Tribunal was satisfied that the extension of trading hours, subject to the proposed conditions (including a cessation of gaming at 2am), would not result in a detrimental social impact on the local or broader community. This finding was made after weighing substantial positive effects such as meeting community expectations and providing employment, against the limited evidence of harm or likely negative impacts, and finding the applicant's harm minimisation controls adequate and effectively implemented.

Court Disposition

Decision of the Authority set aside; application for extended trading hours granted with conditions; matter adjourned for agreement on licence conditions.

Orders

  • The Authority's decision is set aside.
  • The Authority is to issue the Applicant's liquor licence is extended so as to permit trading until 4.00 am Monday to Saturday and until midnight on Sundays.