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
Key Legal Topics
Areas of Law
-
Administrative Law
Legal Concepts
-
Judicial Review
-
Legitimate Expectation
-
Natural Justice & Procedural Fairness
-
Statutory Interpretation
-
Public Demand
-
Liquor Licensing
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Liquorland (Australia) Pty Ltd v Director of Liquor Licensing [2021] WASC 366
Cases Citing This Decision
44
Liquorland (Australia) Pty Ltd v Woolworths Limited
[2018] SASCFC 31
Liquorland (Australia) Pty Ltd v Woolworths Limited
[2018] SASCFC 31
Liquorland (Australia) Pty Ltd v Woolworths Limited
[2018] SASCFC 31
Cases Cited
3
Statutory Material Cited
0
New York Bar & Grill & Anor v West Paddock & Anor No. Scgrg-98-1422 Judgment No. S7020
[1998] SASC 7020