Beeche v Smith Street Investments Pty Ltd

Beeche brought an application for a declaration that certain premises were restricted under the Restricted Premises Act, alleging that they were used for the entertainment of a demoralising character, the unlawful sale of liquor, and as a resort for reputed criminals. The application was heard by the Supreme Court of Victoria, which was tasked with determining whether there were reasonable grounds to suspect these activities were occurring on the premises. The premises in question were registered in the name of a deregistered company and were used as a clubhouse for an outlaw motorcycle gang, making the identity of the occupier uncertain.

The court considered the meaning of the term "demoralising" as used in the Act, examining whether entertainment involving the use of a "stripper pole" qualified as such. Additionally, the court assessed whether there were reasonable grounds to suspect that liquor was being unlawfully sold on the premises and whether it was a resort for reputed criminals. In doing so, the court had to balance the urgency of the matter against the appropriateness of determining the application ex parte, given the circumstances of the case.

The court concluded that there were reasonable grounds to suspect that the premises were used for the entertainment of a demoralising character, as defined by the Act, due to the nature of the activities occurring there. It also found reasonable grounds to suspect that liquor was being unlawfully sold and that reputed criminals resorted to the premises. Consequently, the court issued a declaration that the premises were restricted under the Act. The court deemed it appropriate to determine the application ex parte, considering the urgency and the difficulty in identifying the occupier.