Independent Liquor and Gaming Authority v Auld [2019] NSWCA 88

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Independent Liquor and Gaming Authority v Auld [2019] NSWCA 88 Hearing dates: 19 March 2019 Decision date: 01 May 2019 Before: Macfarlan JA at [1]; White JA at [2]; Sackville AJA at [16] Decision: 1. Grant the Authority leave to appeal from the decision of the Appeal Panel. 2. Direct the Authority to file a notice of appeal in the form of the draft notice of appeal within seven days. 3. Allow the appeal. 4. Set aside Order 1 made by the Appeal Panel on 27 July 2018 and the Orders made by the Tribunal on 30 January 2018. 5. In lieu thereof, order that the decision of the Authority to refuse Application number 1-4557301491 for the removal of the Licence from the Mill Tavern to premises within the ALDI supermarket be affirmed. Catchwords: LIQUOR LAW – Licensing – Removals – Statutory construction – Whether s 59 of the Liquor Act 2007 (NSW) authorised the Independent Liquor and Gaming Authority to grant a removal application that converted a hotel licence to a packaged liquor licence

LIQUOR LAW – Licensing – Removals – Statutory construction - Whether s 53 of the Liquor Act 2007 (NSW) authorised the Authority to impose conditions on a hotel licence on a removal application so that it operates as if it were a packaged liquor licence – Whether a business operating under such a licence is compatible with the hotel primary purpose test in s 15(1) of the Liquor Act 2007 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Gaming and Liquor Administration Act 2007 (NSW) Liquor Act 2007 (NSW) Supreme Court Act 1970 (NSW)