Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2022] NSWCATAD 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2022] NSWCATAD 255 Hearing dates: 4, 5 April, 4 May 2022 Date of orders: 1 August 2022 Decision date: 01 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The decision under review is affirmed Catchwords: LICENSING – liquor licence – extension of trading hours- local and broader community - overall social impact – whether detrimental to wellbeing of local or broader community – responsible development of gaming machines Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Gaming Machines Act 2001 (NSW) Gaming Machine Regulation 2016 (NSW) Liquor Act 2007 (NSW) Cases Cited: Bellesty and Anor v Director of Liquor and Gaming and Ors [2002] NSWSC 1102 Bun v Independent Liquor and Gaming Authority [2020] NSWCATAD 60 Kallin Pty Ltd v Independent Liquor and Gaming Authority [2019] NSWCATAD 36 Smith v Independent Liquor and Gaming Authority [2018] NSWCATAD 224 Texts Cited: Browne M, Rockloff M, Hing N, Russell A, Boyle CM, and Rawat V (2019) NSW Gambling Survey 2019 Central Queensland University Hing N and Haw J (2010) 'The influence of venue characteristics on a player's decision to attend a gambling venue', Centre for Gambling Education and Research Southern Cross University Tamworth Langham E, Thorne H, Browne M (2015) Understanding gambling related harm: a proposed definition, conceptual framework, and taxonomy of harms. BMC Public Health;16 (80) Office of Responsible Gambling (2020), 'Going above and beyond – Responsible conduct of gambling for venues.' NSW Government Productivity Commission Inquiry Report Gambling, No 50, 26 February 2010 Rockloff M J (2010) 'The impact of an audience and venue size on poker machine gambling' Department of Justice Victoria Smith C, Wolstenholme A and Duffy C (2019) Shutdown Periods for Electronic Gaming Machines [Snapcracker Research and Strategy] Category: Principal judgment Parties: Taphouse Investments Pty Limited (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: Ireland C R (Applicant) Cheshire A SC and Gaven M (Respondent)