Smith v Independent Liquor and Gaming Authority [2018] NSWCATAD 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Independent Liquor and Gaming Authority [2018] NSWCATAD 224 Hearing dates: 2 July 2018 Date of orders: 21 September 2018 Decision date: 21 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – where respondent refused application for packaged liquor licence – assessment of overall social impact of granting the licence – whether that impact will not be will not be detrimental to the well-being of the local or broader community – role of Tribunal - nature of evidence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) s 63(3), s 64(4) Civil and Administrative Tribunal Act 2013 (NSW), s 38(2) Gambling Regulation Act 2003 (Vic), s 3.3.7 Liquor Act 2007 (NSW), s 3, s 29, s 48(5), s 57 Local Government Act 1993 (NSW) Cases Cited: Australian Broadcasting Commission v Bond (1990) 170 CLR 32 Coastwide Fabrication & Erection Pty Ltd v Honeysett [2009] NSWCA 134 Macedon Ranges Shire Council v Romsey Hotel Pty Ltd [2008] VSCA 45 Texts Cited: Bureau of Crime Statistics and Research, "The effect of liquor licence concentrations in local areas on rates of assault in New South Wales", Crime and Justice Bulletin, no 181, (December 2014) Category: Principal judgment Parties: Ian Charles Smith (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: J Emmett (Respondent)