Woolies Liquor Stores Pty Ltd v Seaford Rise Tavern

Case

[2000] SASC 116

11 May 2000


Details
AGLC Case Decision Date
Woolies Liquor Stores Pty Ltd v Seaford Rise Tavern [2000] SASC 116 [2000] SASC 116 11 May 2000

CaseChat Overview and Summary

In Woolies Liquor Stores Pty Ltd v Seaford Rise Tavern, the Full Court of the Supreme Court of South Australia was asked to determine whether the Licensing Court had erred in denying Woolies Liquor Stores Pty Ltd a retail liquor merchant's licence under section 58(2) of the Liquor Licensing Act 1997. The appeal centred on whether the Licensing Court had properly considered the facilities of licensed premises outside the locality identified by the Acting Judge. The Court had to decide if the Acting Judge erred in principle by treating premises outside the locality as relevant to satisfying the public demand for liquor in the locality, or if he erred by considering the ability of the public to meet their demand at these premises as relevant as long as they did so with no more than "mere inconvenience." The Court concluded that the Acting Judge did not err in considering the facilities available at premises outside the locality. The Court held that licensed premises outside an identified locality remain relevant to the question under section 58(2) of the Liquor Licensing Act 1997. The Acting Judge had not erred in his findings of fact or in his reasoning, and the appeal was dismissed.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Legitimate Expectation

  • Natural Justice & Procedural Fairness

  • Statutory Interpretation

  • Public Demand

  • Liquor Licensing