Ice Box Liquor Pty Ltd v Independent Liquor & Gaming Authority [2024] NSWCATAD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ice Box Liquor Pty Ltd v Independent Liquor & Gaming Authority [2024] NSWCATAD 180 Hearing dates: 13 – 14, 17 April, 7 – 8 August 2023 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) The Authority's decision is set aside. (2) The Authority is to issue Ice Box Liquor Pty Ltd with a packaged liquor licence subject to the conditions specified in its application in respect of premises at 136 Queen Street, Woollahra, New South Wales, and subject to the further conditions that customer collections will not be allowed to occur in Peaker Lane and that the Applicant will not make trolleys available for customers in its store. Catchwords: LICENSING — Liquor licensing — Application to the Authority — Licence sought – packaged liquor licence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Gaming and Liquor Administration Act 2007 (NSW) Liquor Act 2007 (NSW), ss 3, 48 Cases Cited: Adamson v Independent Liquor and Gaming Authority [2022] NSWCATAD 394 ALDI v Foods v Independent Liquor and Gaming Authority [2019] NSWCATAD 43 Auld v Independent Liquor and Gaming Authority [2018] NSWCATAD 25 Bun v Independent Liquor and Gaming Authority [2020] NSWCATAD 60 Ice Box Liquor Pty Ltd v Independent Liquor & Gaming Authority [2022] NSWCATAD 358 Kallin Pty Ltd v Independent Liquor and Gaming Authority [2019] NSWCATAD 36 Minister for Aboriginal Affairs v Peko Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Smith v Independent Liquor and Gaming Authority [2018] NSWCATAD 224 North Coast Property Holdings Pty Limited v Independent Liquor and Gaming Authority [2024] NSWCATAD 98 Texts Cited: Callinan, S and Livingston, M "Drinking trends by age and over time baby boomers and older drinkers" Foundation for Alcohol Research and Education Centre Canberra, (2018) Donnelly, N, et al "The effect of liquor licence concentrations in local areas on rates of assault in New South Wales" Crime and Justice Bulletin, (December 2014) No 181 Independent Liquor and Gaming Authority GL4010 - Guideline 6, Consideration of Social Impact under s 48(5) of the Liquor Act 2007, 13 October 2021 Liang, W. and Chikritzhs, T. "Revealing the link between licenced outlets and violence: Counting venues versus measuring alcohol availability" Drug and Alcohol Review (September 2011) Vol 30, 524 Livingston, M. "Alcohol outlet density and harm: comparing the impacts on violence and chronic harms." Drug Alcohol Review (Sept 2011), Vol 30, 515 Livingston, M. "The ecology of domestic violence: the role of alcohol outlet density" Geospatial Health 5(1) (2010), 139 Livingston, M. "A longitudinal analysis of alcohol density and domestic violence" (2011) Addiction Vol 106, 919 Livingston, M. "A longitudinal analysis of alcohol outlet density and assault" Alcohol Clinical and Experimental Research, vol 32, No 6 (2008) 1074 Livingston, M., et al. Community impact of liquor licences; an Evidence Check rapid review brokered by the Sax Institute for the NSW Ministry of Health, (2015) Scott, D. et al., "Alcohol Accessibility and Family Violence-related Ambulance Attendances", Journal of Interpersonal Violence (2022) Vol 37 13 Category: Principal judgment Parties: Ice Box Liquor Pty Ltd (Applicant) Independent Liquor & Gaming Authority (First Respondent) Narraport Woollahra Holdings Pty Ltd (Second Respondent) Souffle Pty Ltd (Third Respondent) Representation: Counsel: C Ireland (Applicant) J Emmett SC / H Grace (Second and Third Respondents)