Magin v Chief Executive, Office of Liquor and Gaming Regulation

Donald Earle Magin has applied for a review of the decision made by the Chief Executive, Office of Liquor and Gaming Regulation (OLGR) on 27 October 2011 to grant a Commercial Other (Subsidiary on-premises) entertainment licence to Starwood Capital Group Pty Ltd. The decision related to premises known as "Entertainment Venue" located at level 1, 21 Orchid Avenue, Surfers Paradise. Mr Magin objected to the proceeding in which the decision was made and therefore has standing to seek a review in the Queensland Civil and Administrative Tribunal. The Tribunal's jurisdiction is conferred under the Liquor Act 1992 and it must hear and decide the review by way of a fresh hearing on the merits, restricted to a reconsideration of the evidence before the decision maker at the time of the decision unless leave has been granted for new evidence to be presented.

Mr Magin's arguments against the grant of the licence included concerns about the adverse social impacts and residential amenity issues that would flow from it, venue densification and patron saturation in the area, and non-compliance with legislative requirements. The Tribunal considered the evidence, including the material relating to the Drink Safe Precinct (DSP) trial, and submissions from both parties. The first respondent submitted that the granting of the licence would not result in undue or unreasonable adverse impact on the amenity of the community, and that the impact could be managed and prevented from becoming undue or unreasonable. The Tribunal was satisfied that the correct and preferable decision was to grant the licence, considering the extension of the DSP program, increased funding for a greater police presence, and the acceptance by Starwood of restrictive licence conditions.

The Tribunal concluded that the decision of the Chief Executive, Office of Liquor and Gaming Regulation dated 27 October 2011 is confirmed. The decision of the Tribunal is that the grant of the Commercial Other (Subsidiary on-premises) entertainment licence to Starwood Capital Group Pty Ltd is upheld.