Penplay Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWCATAD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Penplay Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWCATAD 52 Hearing dates: 6 February 2023 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior Member Decision: The Respondent's Decision under review is set aside. Catchwords: ADMINISTRATIVE REVIEW – liquor licensing – hotel licence – whether a licensee can commit a category 2 demerit offence under section 144C and be subject to remedial action under section 144T of the Liquor Act 2007 (NSW) in the absence of a conviction or any penalty notice or court attendance notice having being issued against the licensee – whether licensee automatically incurs demerit points in circumstances where employee has received and paid a penalty notice but no penalty notice or court attendance notice has been issued to the licensee itself – proper construction of Part 9A and Section 149 of the Liquor Act 2007 (NSW) – whether open to and appropriate for the Tribunal to impose conditions on licence pursuant to powers under section 63(2) of the Administrative Decisions Review Act 1997 (NSW) and section 53 of the Liquor Act 2007 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Interpretation Act 1987 (NSW) Liquor Act 2007 (NSW) Liquor Regulation 2018 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27, [2009] HCA 41 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378, [2012] HCA 56 Commissioner of Police, NSW Police Force v Cseszko [2016] NSWCATAP 194 Lavorato v Regina [2012] NSWCCA 61 McIntosh v Independent Liquor and Gaming Authority [2019] NSWCATAD 101 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, [1998] HCA 28 Texts Cited: nil Category: Principal judgment Parties: Penplay Pty Ltd (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: Robert Pietriche (Respondent)