Cozanitis v Independent Liquor and Gaming Authority [2025] NSWCATAD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cozanitis v Independent Liquor and Gaming Authority [2025] NSWCATAD 24 Hearing dates: 28, 29, 30 August 2024 Date of orders: 21 January 2025 Decision date: 21 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) The Authority's decision is set aside. (2) The Authority is to issue the Applicant's liquor licence is extended so as to permit trading until 4.00 am Monday to Saturday and until midnight on Sundays. (3) The parties are to file Short Minutes of Order setting out conditions to be attached to the licence within 28 days of this decision including but not limited to that there will be no gaming after 2am. (4) If the parties are unable to reach agreement as to the conditions to be imposed on the licence, the matter will be listed for further directions. Catchwords: LIQUOR LICENCE– extension to trading hours - overall social impact of licence – weighing positive and negative - community consultation – licence conditions Legislation Cited: 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 Acts Interpretation Act 1901 (Cth) Administrative Decisions Review Act 1997 Gaming and Liquor Administration Act 2007 the Interpretation Act 1987 Liquor Act 2007 Liquor Administration Act 2007 Liquor Administration Regulation 2016 Liquor Regulation 2018 Liquor Administration Regulation 2016, r 7(b). Cases Cited: ALDI Foods v Independent Liquor and Gaming Authority [2019] NSWCATAD 43 Auld v Independent Liquor and Gaming Respondent [2018] NSWCATAD 25 Australian Regional Group Pty Ltd v Independent Liquor and Gaming Respondent [2024] NSWCATAD 305 Bun v Independent Liquor and Gaming Authority [2020] NSWCATAD 60 Esber v Commonwealth (1991) 174 CLR 430 Fruginiet v Australian Securities and Investments Commission (2019) 266 CLR 250 Commissioner for Fair Trading, Department of Customer Service (NSW) v Kalkan [2022] NSWCATAP 112 Minister for Immigration and Ethnic Affairs v Pochi (1980) 31 ALR 666 North Coast Property Holdings Pty Limited v Independent Liquor and Gaming Respondent [2024] NSWCATAD 98 Jones v Dunkel (1959) 101 CLR 298 QX00/C and Companies Auditors and Liquidators Disciplinary Board and Australian Securities and Investments Commission [2000] AATA 114 Shi v Migration Agent's Registration Respondent (2008) 235 CLR 286 Smith v Independent Liquor and Gaming Respondent [2018] NSWCATAD 224 Category: Principal judgment Parties: Jayde Cozanitis (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: C Ireland (Applicant) A Cheshire SC (Respondent) M Gaven (Respondent) Solicitors: Hatzis Cusack Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2024/00086173 Publication restriction: None