Monastirski v Independent Liquor & Gaming Authority [2017] NSWCATAD 115

Monastirski v Independent Liquor & Gaming Authority [2017] NSWCATAD 115

The Tribunal determined that a 12-month banning period was excessive given the facts, including low-level violence, absence of prior convictions, compliance with a good behaviour bond, and impacts on the applicant's professional and personal life. A 3-month banning period with modification to permit attendance at City of Sydney Law Society meetings is appropriate, balancing risk and interests.

Jurisdiction
Australia
Judgment Date
11 April 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
orders varied
Legal Topics
['long Term Banning Orders' 'liquor Licensing' 'alcohol Related Violence' 'discretionary Powers' 'protective and Punitive Purposes' 'balancing Public and Private Interests']
['administrative Law'] ['long Term Banning Orders' 'liquor Licensing' 'alcohol Related Violence' 'discretionary Powers' 'protective and Punitive Purposes' 'balancing Public and Private Interests']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the exercise of discretion to make long-term banning orders under the Liquor Act 2007 (NSW) was justified and proportionate based on risk and impact' 'Whether private interests of the applicant and the period/venue scope should be taken into account in imposing bans']

Ratio Decidendi

The Tribunal determined that a 12-month banning period was excessive given the facts, including low-level violence, absence of prior convictions, compliance with a good behaviour bond, and impacts on the applicant's professional and personal life. A 3-month banning period with modification to permit attendance at City of Sydney Law Society meetings is appropriate, balancing risk and interests.

Court Disposition

orders varied

Orders

  • ['The decision of the Independent Liquor & Gaming Authority to make long-term banning orders against the Applicant under sections 116AE and 116G of the Liquor Act 2007 (NSW) for a period of 12 months from 29 September 2016 to 28 September 2017 is varied so that the banning period is reduced to a period of 3 months...