ALDI Foods Pty Ltd v Independent Liquor & Gaming Authority [2019] NSWCATAD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALDI Foods Pty Ltd v Independent Liquor & Gaming Authority [2019] NSWCATAD 43 Hearing dates: 5 and 6 November 2018 Date of orders: 21 March 2019 Decision date: 21 March 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: R.L. Hamilton SC, Senior Member Decision: (1) The decision under review is set aside. (2) The decision is made that the application to remove the packaged liquor licence from the ALDI supermarket in Gosford the ALDI Supermarket in Umina Beach is approved. (3) The parties are directed to file in the Tribunal within 21 days of publication of this decision (or such further time as may be granted) an agreed form of conditions to be attached to the removed licence which will permit the ALDI Umina Beach premises to operate as a packaged liquor outlet only. Catchwords: LICENSING-liquor licence removal-overall social impact-balancing process- state of definite satisfaction of decision maker-role of licensing authority- s48(5) Liquor Act Legislation Cited: Liquor Act 2007 Gaming and Liquor Administration Act 2007 Gaming and Liquor Administration Regulation 2016 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013. Cases Cited: Auld v ILGA [2018 NSWCATAD 25 Dunpec Pty Limited v Department of Infrastructure and Transport [2012] AATA 132 Macedon Ranges Shire Council v Romsey Hotel (2008) 19 VR 422 Smith v ILGA [2018] NSWCATAD 224 Texts Cited: Donnelly, Menendez and Mahoney "The effect of liquor licence concentrations in local areas on rates of assault in New South Wales" published in Contemporary issues in Crime and Justice Number 181 in December 2014.