Royal Granville Hotel v Independent Liquor and Gaming Authority

The applicant, Royal Granville Hotel, sought judicial review of a decision by the respondent, the Independent Liquor and Gaming Authority, to refuse its application for an exemption from the shutdown period for gaming machines. The case was heard in the Land and Environment Court of New South Wales. The applicant argued that the Authority had incorrectly interpreted the requirements of the Gaming Machines Act 2001 (NSW) and the Ministerial Guidelines, and sought a declaration that the Authority was bound to grant its application if it met the criteria set out in the Guidelines.

The court considered whether the Authority was bound to grant an application for an exemption from the shutdown period if it satisfied the criteria in the Guidelines. The applicant argued that the requirement in clause 1.2 of the Guidelines that there be more than one other relevant hospitality and entertainment venue in the area, and that those venues be open, was not a mandatory requirement but rather a consideration to be taken into account. The court found that the Guidelines must be read as a whole and that the requirement in clause 1.2 was indeed mandatory. The court also found that the Authority was not bound to grant an application simply because it satisfied the criteria in the Guidelines, but rather that the Authority had discretion to refuse an application if it was satisfied that the public interest would be served by doing so.

The court held that the Authority had not erred in law in refusing the applicant's application for an exemption from the shutdown period. The applicant had not demonstrated that there were more than one other relevant hospitality and entertainment venues in the area that were open, as required by clause 1.2 of the Guidelines. The court refused the application for judicial review and made no further orders.