Monastirski v Independent Liquor & Gaming Authority [2017] NSWCATAD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Monastirski v Independent Liquor & Gaming Authority [2017] NSWCATAD 115 Hearing dates: 24 February 2017 Date of orders: 11 April 2017 Decision date: 11 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: P Durack SC, Senior Member Decision: The decision of the Independent Liquor & Gaming Authority to make long-term banning orders against the Applicant under sections 116AE and 116G of the Liquor Act 2007 (NSW) for a period of 12 months from 29 September 2016 to 28 September 2017 is varied so that the banning period is reduced to a period of 3 months from 29 September 2016 to 28 December 2016 and so that the banning order in respect of high risk venues in the Sydney CBD Entertainment precinct does not apply to any such venues at which meetings or functions of the City of Sydney Law Society are held during the period of those meetings or functions. Catchwords: ADMINISTRATIVE REVIEW – long-term banning orders from attending high risk venues in the Kings Cross and Sydney CBD Entertainment precincts – interpretation of sections 116AE and 116G of the Liquor Act 2007 (NSW)– protective and punitive purposes - considerations to be taken into account – – period of banning. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 Explosives Act 2003 (NSW) Liquor Act 2007 (NSW) Liquor Amendment (Kings Cross Plan of Management) Bill 2013 Liquor Regulation 2008. Summary Offences Act (NSW)1988 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 Boyle v WorkCover Authority of New South Wales [2015] NSWCATAD 90 Director General, Transport NSW v AIC [2011] NSWADTAP 65 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 NEAT Domestic Trading Pty Ltd v AWB Ltd [2003] HCA 35; (2003) 216 CLR 277 Rich v Australian Securities and Investment Commission [2004] HCA 42; (2004) CLR 129 Thiess v Collector of Customs [2014] HCA 12; (2014) 250 CLR 664 Category: Principal judgment Parties: Leon Monastirski (Applicant) Independent Liquor & Gaming Authority (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: B Levet (Applicant) H El- Hage (Second Respondent)