Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 184 Hearing dates: 11 May 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Jurisdiction: Appeal Panel Before: Wright J, President Hennessy LCM, Deputy President M Harrowell, Principal Member Decision: 1. The appeal is dismissed.

2. The appellant is to pay 90% of the respondent's costs of and incidental to the appeal as agreed or assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). Catchwords: APPEALS – nature of internal appeal to the Appeal Panel under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) – effectively an appeal by way of rehearing – points raised for first time on appeal – principles as to when Appeal Panel should allow points to be raised for first time on appeal – points allowed to be raised

LIQUOR LICENSING – removal of licences under s 59 of the Liquor Act 2007 (NSW) – powers of Independent Liquor and Gaming Authority when dealing with removal application – Authority has power to determine a removal application in respect of a hotel licence by granting a packaged liquor licence – Authority has power to determine a removal application in respect of a hotel licence by imposing conditions on the hotel licence so that it operates only to authorise the retail sale of packaged liquor

LIQUOR LICENSING – s 45(3)(c) of the Liquor Act 2007 (NSW) – meaning of "the business or activity to which the proposed licence relates" – words refer to the business or activity which can be carried out at the proposed premises under the proposed licence including conditions – whether development consent in force for the business or activity to which the proposed licence relates – required consent in place for use of the premises under the proposed licence