Ireson and Anor v Independent Liquor and Gaming Authority [2023] NSWCATAD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ireson and Anor v Independent Liquor and Gaming Authority [2023] NSWCATAD 77 Hearing dates: 5 December 2022 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent dated 20 June 2022 is varied. (2) The extended trading authorisation (ETA) for the second applicant is approved in the original terms but with the following variation: (i) Trading on Monday to Wednesday evenings is extended to 2:00am. (ii) Trading on Sunday evenings is extended to 12 midnight. (3) All other Licence conditions to be imposed on the Ophir Hotel by schedule 1 of the decision of ILGA dated 20 June 2022 are affirmed. Catchwords: ADMINISTRATIVE LAW – Liquor and Gaming –– responsible gaming – partial approval – extension of trading hours- local and broader community - overall social impact – whether detrimental to wellbeing of local or broader community - balance objects of legislation – public interest. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Gaming and Liquor Administration Act 2007 Gaming and Liquor Administration Regulation 2016 Gaming Machines Regulation 2019 Liquor Act 2007 Cases Cited: Adamson v Independent Liquor and Gaming Authority [2022] NSWCATAD 394 Auld v Independent Liquor and Gaming Authority [2018] NSWCATAD 25 Ballesty v Director of Liquor and Gaming (2002) NSWSC 1102 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Kallin v Independent Liquor and Gaming Authority [2019] NSWCATAD 36 La La Land Byron Bay Pty Ltd v The Independent Liquor and Gaming Authority [2014] NSWSC 1798 Smith v Independent Liquor and Gaming Authority [2018] NSWCATAD 224 Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2022] NSWCATAD 255 Texts Cited: Nil Category: Principal judgment Parties: Timothy Michael Ireson (First Applicant) Ophir Tavern Business Pty Ltd (Second Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: C Ireland (Applicants) A Zheng (Respondent)