Arslan v Manly Council [2005] NSWLEC 523

Arslan v Manly Council [2005] NSWLEC 523

Extension of trading hours to 1:30am with close-down by 1:30am on a trial basis to 31 March 2006 is appropriate, with a requirement that an externally hired licensed security guard be present on Friday and Saturday nights from 11pm until fifteen minutes after close. Cleansing obligations and employment of a security guard are imposed as amended. Past conduct of applicant is not a basis for denying relief, but relevant to confidence in future compliance. Proposed conditions and plan of management are subject to further agreement and refinement by parties.

Parties
Applicant: Mehmet Arslan; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
20 September 2005
Procedural Posture
Appeal / Judgment Following Hearing on 20 September 2005
Outcome
Appeal upheld
Legal Topics
Development Consent Conditions, Trading Hours, Anti Social Behaviour, Appeal Under S 97 Environmental Planning and Assessment Act 1979
Planning and Environment Law Development Consent Conditions Trading Hours Anti Social Behaviour Appeal Under S 97 Environmental Planning and Assessment Act 1979

Case Brief

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Parties

Mehmet Arslan

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Judgment Following Hearing on 20 September 2005

Legal Issues

  1. 1 Whether conditions restricting trading hours should be amended or removed
  2. 2 Whether requirement for security guard is justified
  3. 3 If a trial period should be imposed for any extension of trading hours

Ratio Decidendi

Extension of trading hours to 1:30am with close-down by 1:30am on a trial basis to 31 March 2006 is appropriate, with a requirement that an externally hired licensed security guard be present on Friday and Saturday nights from 11pm until fifteen minutes after close. Cleansing obligations and employment of a security guard are imposed as amended. Past conduct of applicant is not a basis for denying relief, but relevant to confidence in future compliance. Proposed conditions and plan of management are subject to further agreement and refinement by parties.

Court Disposition

Appeal upheld

Orders

  • Appeal upheld, development consent conditions to be varied subject to findings and further settlement between parties.
  • Matter set down for callover on 29 September 2005 for settlement of revised conditions and plan of management.