Tunwish Pty Limited v Port Stephens Council [2009] NSWLEC 52

Tunwish Pty Limited v Port Stephens Council [2009] NSWLEC 52

The court determined that conditions relating to RSA monitor and number of security personnel should apply only when entertainment is provided after 8:00 pm, following the consent sought. The industry standard of one security person per 100 patrons is appropriate. One courtesy bus suffices for the twelve-month trial period, with review possible upon evidence of insufficiency.

Jurisdiction
Australia
Judgment Date
03 March 2009
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed in part; development consent modified as per judgment.
Legal Topics
['development Consent' 'trading Hours' 'entertainment Venues' 'conditions of Consent']
['planning Law' 'local Government Law'] ['development Consent' 'trading Hours' 'entertainment Venues' 'conditions of Consent']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether council can impose new trading hour limits in development consent for place of public entertainment' 'Appropriate conditions regarding RSA monitor, security personnel, and courtesy bus for trial period']

Ratio Decidendi

The court determined that conditions relating to RSA monitor and number of security personnel should apply only when entertainment is provided after 8:00 pm, following the consent sought. The industry standard of one security person per 100 patrons is appropriate. One courtesy bus suffices for the twelve-month trial period, with review possible upon evidence of insufficiency.

Court Disposition

Appeal allowed in part; development consent modified as per judgment.

Orders

  • ["Trading hours for the place of public entertainment permitted as per Licensing Court's approval for a twelve-month trial period." 'Condition concerning RSA monitor and number of security personnel to apply only when entertainment is provided after 8:00 pm.' 'One courtesy bus is required; if insufficient, condition...