Flevotomos v Independent Liquor and Gaming Authority [2019] NSWCATAD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Flevotomos v Independent Liquor and Gaming Authority [2019] NSWCATAD 95 Hearing dates: 14 May 2019 Date of orders: 17 May 2019 Decision date: 27 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: 1.The decision of the First Respondent made on 20 March 2019 to impose a condition on liquor licence LIQ0624006713 (being Order 2 in the decision of the First Respondent made on 20 March 2019) is stayed until further order of the Tribunal. 2.Without limiting the rights of the parties under s 60(4) of the Administrative Decisions Review Act 1997, the Respondents have liberty to apply on 3 days' notice to seek to vary or revoke order 1 above on the grounds that Mr Ulysses Flevotomos was present at the Dollhouse Nightspot (located at 13-15 Kellett Street, Potts Point) at the time that the licensee or either Applicant committed any breach of the Liquor Act 2007 or any breach of licence conditions. Catchwords: INTERLOCUTORY ORDER – condition imposed on liquor licence - application for stay Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Gaming and Liquor Administration Act 2007 Liquor Act 2007 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Category: Procedural and other rulings Parties: Ulysses Flevotomos and Iguana Bar & Restaurant Pty Ltd (Applicants) Independent Liquor and Gaming Authority (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: M Ashhurst SC with G Gee (Applicants)