Director of Liquor Licensing v Kordister Pty Ltd

The Director of Liquor Licensing sought to appeal a decision of the Victorian Civil and Administrative Tribunal, which had reviewed and overturned a decision to revoke the late-night trading licence of a bottle shop located within a hotel in Melbourne's CBD. The Director had sought to revoke the licence following concerns about anti-social behaviour associated with patrons leaving the premises late at night. The Tribunal found that the hotel was not responsible for the behaviour and that ending the late-night trading would harm the profitability and viability of the hotel and other liquor outlets in Victoria.

The appeal centred on whether the Tribunal had erred in law by failing to properly apply the harm minimisation object of the Liquor Control Reform Act 1998. The Director argued that the Tribunal had not properly considered the general evidence of harm arising from the misuse and abuse of alcohol and had failed to give full consideration to the recommendation of the Liquor Licensing Panel. The Director contended that the Tribunal had asked the wrong question in determining whether the hotel was responsible for the anti-social behaviour, rather than whether ending late-night trading would contribute to minimising harm arising from the misuse and abuse of alcohol.

The Court found that the Tribunal had not erred in law. The Court held that the Tribunal had properly considered the harm minimisation object and had given proper weight to the general evidence of harm arising from the misuse and abuse of alcohol. The Court also found that the Tribunal had properly considered the recommendation of the Liquor Licensing Panel and had not asked the wrong question in determining whether the hotel was responsible for the anti-social behaviour. The Court held that the Tribunal had properly applied the statutory objects and had not made its decision without evidence. The Court further held that previous decisions of the Tribunal on legal questions should be followed unless clearly wrong. The appeal was dismissed.