Woolies Liquor Stores Pty Ltd v Port Pirie Licence Victuallers Association

Woolies Liquor Stores Pty Ltd sought special leave to appeal from a decision of the Full Court of the Supreme Court of South Australia. The application concerned the removal of an existing bottle shop licence from one location to another within the same locality. The respondents were the Port Pirie Licence Victuallers Association and the Hotel and Association, with the Liquor Licensing Commission as the third respondent.

The central legal issue before the High Court was whether the applicant had successfully overcome the "need element" of section 67 of the *Liquor Licensing Act 1985* (SA). This involved determining the proper interpretation of section 67 and whether, in the context of a licence removal application, the potential for increased price competition was a relevant consideration for the Liquor Licensing Commission.

The applicant argued that the interpretation of section 67 by the Full Court was incorrect and that price competition was a significant factor that should be considered in determining whether an application for licence removal should succeed. The applicant contended that this issue, and its comparable expression in other Australian licensing legislation, was of general importance and warranted the granting of special leave to appeal. The Court was required to consider whether the applicant had demonstrated good reason for special leave to be granted, particularly in light of the Full Court's adverse findings on the need element.