Secheny v Blacktown City Council [2009] NSWLEC 1361

Land and Environment Court of New South Wales

CITATION : Secheny v Blacktown City Council [2009] NSWLEC 1361

APPLICANT Mark James Secheny PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 10562 of 2009

CORAM: Hussey C

KEY ISSUES: :- Hotel extended trading hours; amenity, anti-social behaviour

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1998

DATES OF HEARING: 28 October 2009

EX TEMPORE JUDGMENT DATE : 28 October 2009

APPLICANT Mr C Shaw (solicitor) SOLICITOR Shaw Reynolds Bowen & Gerathy LEGAL REPRESENTATIVES:

RESPONDENT Mr C Drury (solicitor) SOLICITOR DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

28 October 2009

10562 of 2009 Mark James Secheny v Blacktown City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

Background 1 This appeal was lodged against the conditions imposed by council on a s96 modification application for the trading hours of the Bidwell Hotel, located in Carlisle Avenue, Bidwell.

2 The application proposed changes to the operating hours on the following basis: Monday – Tuesday; 10am to 12 midnight (no change). Wednesday – Saturday; 10am to 2am (+2hours). Sunday; 10am to 10pm (no change). Sunday (when followed by a public holiday); 10am to 12 midnight as allowed by s13 of the Liquor Act. 3 Prior to the subject application, a separate application was made to the Licencing Court in May 2008, which granted conditional approval to the extended late night trading hours for a 6 month trial period.