Woolworths Limited v Carleton Investments Pty Ltd

[2016] SASCFC 157

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

WOOLWORTHS LIMITED v CARLETON INVESTMENTS PTY LTD & ORS

[2016] SASCFC 157

Judgment of The Full Court

(The Honourable Chief Justice Kourakis, The Honourable Justice Vanstone and The Honourable Justice Parker)

23 December 2016

GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - MATTERS FOR CONSIDERATION - WHETHER REQUIRED FOR NEEDS OF PUBLIC - SOUTH AUSTRALIA

Application for permission to appeal to the Full Court of the Supreme Court from a judgment of the Licensing Court of South Australia refusing to grant the applicant a liquor merchant’s license.

The applicant’s grounds of appeal are largely related to the Judge’s approach to the issue of community expectations of the availability of liquor at suburban shopping centres.

There is no reasonable prospect that a different order would be made on appeal having regard to the size and nature of the relevant shopping centre and its proximity to other retail liquor stores.

Held per Kourakis CJ (Vanstone and Parker JJ agreeing), permission to appeal refused.

Woolworths Limited v Fassina Investments Pty Ltd [2015] SASCFC 72, considered.

WOOLWORTHS LIMITED v CARLETON INVESTMENTS PTY LTD & ORS
[2016] SASCFC 157

Full Court:  Kourakis CJ, Vanstone and Parker JJ

1. THE COURT:      This is an application for permission to appeal against a judgment of the Licensing Court of South Australia delivered on 23 September 2016 refusing to grant the applicant (Woolworths) a liquor merchant’s license to operate a BWS store at Woodcroft Market Plaza Shopping Centre.

2. Woolworths’ grounds of appeal are largely related to the Judge’s approach to the issue of community expectations of the availability of liquor at suburban shopping centres.

3. Even though it is arguable that the Licensing Court did not give full effect to this Court’s judgment in Woolworths Limited v Fassina Investments Pty Ltd (Fassina),[1] there is no reasonable prospect that a different order would be made on appeal in this case having regard to the size and nature of the Woodcroft Market Plaza and its proximity to other retail liquor outlets.

   [1] [2015] SASCFC 72.

4. Fassina concerned an application for a retail liquor merchant’s licence at the Arndale Central Shopping Centre.  In Fassina Parker J observed that community expectations about the availability of a liquor store were of particular importance because of the status of Arndale as a large regional centre based upon its size, location and very substantial patronage.  The shopping centre is very different.  It comprises no more than a large supermarket and a handful of retail outlets.

5. The Court therefore refuses permission to appeal.