Rouge Down Under Pty Limited v Council of the City of Sydney [2011] NSWLEC 1040

Land and Environment Court New South Wales

Medium Neutral Citation: Rouge Down Under Pty Limited v Council of the City of Sydney [2011] NSWLEC 1040 Hearing dates: 16, 17 and 23 December 2010 Decision date: 04 March 2011 Jurisdiction: Class 1 Before: Moore SC, Ritchie AC Decision: 1. The appeal is dismissed; 2. Modification application to modify Development Consent D/2004/1014 to permit a trial period of an extension of the late-night trading hours for premises at 39 - 43 Darlinghurst Road, Kings Cross is determined by the refusal of the proposed modification; and 3. The exhibits, other than Exhibit 1, are returned. Catchwords: Licensed premises; application for trial period of extended trading hours; what constitutes good management; whether present period of good management performance has earned further trial period of extended hours; past trading in breach of trading hours; significant instance of abrogation of management responsibility; inappropriate sexual performances by female entertainers and inappropriate sexual activities between those female entertainers and members of the audience; failure to adopt, voluntarily, best industry practice for management of late night trading premises Legislation Cited: Environmental Planning and Assessment Act 1979 Liquor Act 2007 Cases Cited: Vinson v Randwick Council [2005] NSWLEC 142; (2005) 141 LGERA 27 Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2003] NSWCA 289; (2003) 129 LGERA 195 Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226; (2009) 172 LGERA 338 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 Category: Principal judgment Parties: Rouge Down Under Pty Limited (applicant) Council of the City of Sydney (respondent) Representation: Counsel: Mr P Clay (applicant) Mr I Hemmings (respondent) Solicitors: Grant Cusack and Associates (applicant) City Solicitor's Office(respondent) File Number(s): 10809 of 2010