CAFTOR PTY LTD T/AS MOOSEHEADS PUB AND REGISTRAR OF LIQUOR LICENCES

In the matter of CAFTOR PTY LTD trading as Mooseheads Pub and the Registrar of Liquor Licences, the Supreme Court was tasked with determining the correct occupancy loading for the premises in question. The dispute centred on the interpretation and application of part D1.13 of the building code, specifically concerning the method required for calculating occupancy loading. The licensee, CAFTOR PTY LTD, sought a determination that would allow for a higher number of patrons within their licensed premises, arguing that the current calculation method did not accurately reflect the safe capacity of the space. The Registrar, on the other hand, maintained that the existing method was the correct approach and that any change would require legislative amendment.

The primary legal issue before the court was whether the calculation method prescribed by part D1.13 of the building code was the exclusive method for determining occupancy loading in the context of liquor licensing. The court had to consider whether there were other relevant factors or alternative methods that could be taken into account when assessing the safe capacity of the premises. Furthermore, the court needed to determine if the building code's requirements were applicable to the specific circumstances of the case and whether they could be interpreted in a manner that would allow for a higher occupancy loading.

The court examined the statutory provisions and relevant building code requirements, finding that part D1.13 did indeed set out the method for determining occupancy loading. The court held that this part of the building code was the exclusive means by which occupancy loading should be calculated in the context of liquor licensing. The court also considered the purpose of the building code, which was to ensure the safety and welfare of occupants, and found that the prescribed method was designed to achieve this objective. As a result, the court rejected the licensee's argument that alternative methods could be employed to determine occupancy loading. The court further found that any change to the calculation method would require legislative amendment.

In conclusion, the court determined that part D1.13 of the building code was the exclusive method for calculating occupancy loading in the context of liquor licensing. The court found that the building code's requirements were applicable to the case at hand and that no other factors or alternative methods could be taken into account when assessing the safe capacity of the premises. Consequently, the court dismissed the licensee's application for a determination that would allow for a higher occupancy loading. The final orders of the court confirmed the existing calculation method as the correct approach for determining occupancy loading in the context of liquor licensing.