Winners Circle Pty Ltd v Liquor Administration Board [2007] NSWSC 442

Winners Circle Pty Ltd v Liquor Administration Board [2007] NSWSC 442

Standing to provide a Social Impact Assessment (SIA) under Part 4 Division 1 of the Gaming Machines Act 2001 (NSW) is conferred only on the current licence holder of the subject premises or a person who has applied for a licence in respect of the premises. As Winners Circle was neither at the time of providing the SIA, the requirements for valid SIA approval were not met and the Board lacked authority to approve the SIA.

Parties
Plaintiff: Winners Circle Pty Ltd; Defendant: Liquor Administration Board; Amicus Curiae: Attorney General of NSW
Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Summons / Final Judgment
Outcome
Summons dismissed
Legal Topics
Poker Machine Entitlements, Poker Machine Authorisations, Social Impact Assessment, Standing to Provide Social Impact Assessment, Class 1 and Class 2 Social Impact Assessments, Jurisdictional Error
Liquor and Gaming Administrative Law Poker Machine Entitlements Poker Machine Authorisations Social Impact Assessment Standing to Provide Social Impact Assessment Class 1 and Class 2 Social Impact Assessments Jurisdictional Error

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Parties

Winners Circle Pty Ltd

Plaintiff

Liquor Administration Board

Defendant

Attorney General of NSW

Amicus Curiae

Procedural Posture

Summons / Final Judgment

Legal Issues

  1. 1 Whether requirements of Gaming Machines Act s 33(2)(a) and (b) are cumulative or alternative
  2. 2 Whether transferee hotel must be licensed when SIA provided
  3. 3 Whether there must be pending application to transfer PMEs when SIA provided

Ratio Decidendi

Standing to provide a Social Impact Assessment (SIA) under Part 4 Division 1 of the Gaming Machines Act 2001 (NSW) is conferred only on the current licence holder of the subject premises or a person who has applied for a licence in respect of the premises. As Winners Circle was neither at the time of providing the SIA, the requirements for valid SIA approval were not met and the Board lacked authority to approve the SIA.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • No order as to costs