Lillywhite v Chief Executive Liquor Licensing Division, Department of Tourism, Fair Trading and Wine Industry

In the case of Lillywhite v Chief Executive Liquor Licensing Division, Department of Tourism, Fair Trading and Wine Industry, the applicant, a proprietor of licensed premises in Townsville, sought leave to appeal against a decision of the District Court. The decision involved a condition imposed on the applicant’s general liquor licences by the respondent, prohibiting the sale of takeaway liquor prior to 10 am. The applicant argued that the condition was beyond the respondent's power and was not properly directed towards minimising alcohol-related disturbances and harm. The applicant appealed the District Court's decision to dismiss the appeal from the Commercial and Consumer Tribunal, which had upheld the respondent's decision.

The court was required to determine whether the Tribunal made an error of law by basing its findings on unsupported probative material and whether there was insufficient evidence to sustain the Tribunal's findings regarding the respondent's discretion under sections 107C(1)(c) and 107C(1)(d) of the Liquor Act 1992 (Qld). The court also needed to decide whether the Tribunal erred in law by concluding that the condition imposed was properly directed towards minimising alcohol-related disturbances and harm. Furthermore, the court had to consider whether the condition constituted a "trial period" that exceeded the respondent's statutory power.

The court found that the Tribunal did not err in law. The court noted that the Tribunal was not bound by the rules of evidence and had the discretion to make findings of fact. The court held that the evidence supported the Tribunal's findings and that the respondent's condition was properly directed towards minimising alcohol-related disturbances and harm. The court concluded that the Tribunal did not exceed its statutory power in imposing the condition for a six-month period. Consequently, the application for leave to appeal was dismissed, with the court ordering the applicant to pay the costs of the appeal.