Revilla Pty Ltd v Sydney City Council [2005] NSWLEC 687

Land and Environment Court of New South Wales

CITATION : Revilla Pty Ltd v Sydney City Council [2005] NSWLEC 687

APPLICANT Revilla Pty Ltd

PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 10537 of 2004

CORAM: Bly C

KEY ISSUES: Development Consent :- Place of public entertainment - trading hours

Local Government Act 1993 LEGISLATION CITED: City of Sydney Local Environmental Plan 1996

DATES OF HEARING: 15/11/2005 EX TEMPORE JUDGMENT DATE : 11/15/2005

APPLICANT Mr P McEwen, SC Instructed by: Mr M Bagley, solicitor Of: Thurlow Fisher

LEGAL REPRESENTATIVES: RESPONDENT Ms J Jagot, barrister Instructed by: Mr M Kelly, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

15 November 2005

No. 10537 of 2004 Revilla Pty Ltd v Sydney City Council

JUDGMENT This decision was given extemporaneously and has been revised and edited prior to publication.

1 On 16 and 17 March 2005 the Court heard an appeal involving an application under ss 68 and 75 of the Local Government Act 1993 for the use of Levels 1 and 2 in the licensed hotel known as the Pavilion Tavern at 568-580 George Street, Sydney, as a place of public entertainment. 2 On 17 March 2005 orders were issued upholding the appeal and granting approval subject to a number of conditions including Condition 15 that provides: "(a) Entertainment shall only be offered between the hours of 8 am and midnight on Mondays to Sundays inclusive.