Highmoon Pty Ltd v City of Fremantle

Highmoon Pty Ltd appealed against a decision of the Liquor Licensing Court which had rejected the appellant's application to have a liquor licence removed. The City of Fremantle opposed the removal of the licence, and residents of the surrounding area also objected to the removal. The court had to decide whether the operation of the licensed premises was likely to cause undue offence, annoyance, disturbance or inconvenience to the residents. The court also had to consider the enforceability of a Management Plan that was proposed by the City of Fremantle. The appellant argued that the Management Plan was not enforceable, and that the court had erred in its reasoning. The court rejected the appeal and dismissed the application for removal of the licence.

The court held that the appellant had failed to demonstrate that the operation of the licensed premises was likely to cause undue offence, annoyance, disturbance or inconvenience to the residents. The court considered that the residents' objections were not well-founded, and that the appellant had taken reasonable steps to mitigate any potential impact on the residents. The court also held that the Management Plan was enforceable under section 64(7) of the Liquor Licensing Act, and that the appellant had failed to show that it went materially further than the obligations imposed under the Act. The court held that the appellant's arguments were repetitive and amounted to an error of law, and that the decision of the Liquor Licensing Court should be upheld.

The court held that the appeal should be dismissed, and that the decision of the Liquor Licensing Court should be upheld. The court made no orders as to costs.