Castellorizian Club Ltd v Director of Liquor and Gaming

The Court of Appeal of New South Wales considered an appeal by Castellorizian Club Ltd against a decision of the Director of Liquor and Gaming. The dispute concerned the renewal of the Club's liquor licence.

The primary legal issue before the Court was whether the Club had contravened section 117(1)(a) of the Liquor Act 1982 (NSW) by failing to provide adequate supervision of its premises, specifically in relation to the conduct of gambling activities. The Court also had to determine if the Director had erred in refusing the licence renewal on this ground.

The Court reasoned that the Director's decision was based on evidence of inadequate supervision of poker machines, which had led to a failure to prevent patrons from gambling for extended periods without breaks and without adequate supervision by staff. The Court affirmed that the onus was on the licensee to demonstrate that adequate supervision was in place. Applying the principles of administrative law, the Court found that the Director had acted within his powers and that the evidence supported the conclusion that the Club had failed to meet its obligations under the Act.

The appeal was dismissed.