Coote v State of NSW and the Independent Liquor and Gaming Authority

The applicant, Coote, sought an extension of trading hours for a licensed premises under the Liquor Act 2007 (NSW). The Independent Liquor and Gaming Authority (the Authority) and the State of New South Wales were the respondents in the case before the Land and Environment Court. The central issue before the Court was whether the statutory requirement to advertise an application for extended trading hours by affixing a notice to the premises mandated strict compliance or if substantial compliance was sufficient.

The Court considered the plain language of the statutory provisions and held that the requirement for a notice to be affixed to the premises was not a mere formality but an essential condition that needed to be strictly complied with. The Court found that the applicant's failure to affix the notice for the required period rendered the application invalid. Consequently, the Court dismissed the proceedings brought by the applicant. The Court emphasised the importance of adhering to statutory provisions and noted that any deviation from the prescribed requirements could lead to the invalidity of the application.