Aldi Foods Pty Ltd v Independent Liquor and Gaming Authority [2019] NSWCATAD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aldi Foods Pty Ltd v Independent Liquor and Gaming Authority [2019] NSWCATAD 26 Hearing dates: 12 and 13 November 2018 Date of orders: 11 February 2019 Decision date: 11 February 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The Tribunal affirms the decision of ILGA to refuse Aldi a packaged liquor licence at its Gunnedah store. 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 Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Gaming and Liquor Administration Act 2007 Gaming and Liquor Administration Regulation 2016 Liquor Act 2007 Cases Cited: Auld v Independent Liquor and Gaming Authority [2018] NSWCATAD 25 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Smith v Independent Liquor and Gaming Authority [2018] NSWCATAD 224 Texts Cited: Donnelly, Menendez and Mahoney, The effect of liquor licence concentrations in local areas on assault rates in NSW: Crime and Justice Bulletin No 181 Livingston (2011) A longitudinal analysis of alcohol outlet density and violence, Addiction vol 106 Livingston (2011) Alcohol outlet density and harm: comparing the impacts on violence and chronic harms, Drug and Alcohol Review, vol. 30 Category: Principal judgment Parties: Aldi Foods Pty Ltd – applicant Independent Liquor and Gaming Authority - respondent Representation: Counsel: M J Heath (Applicant) H El Hage (Respondent)