Applicants should address how the amended liquor legislation now expressly requires the licensing authority to make decisions which “encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor that are consistent with the interests of the community”.
The Supreme Court recently handed down the much anticipated judgment in the well-publicised case involving a claim for private nuisance, due to noise, by a single resident against the historic Raffles Hotel in Applecross. The Court dismissed the case.
The resident was seeking an injunction to restrict the activities of the Raffles which he considered to be causing nuisance to him.
The beer garden and upstairs dining/function room (with balcony) were the alleged offending parts of the premises.
A hotel has been operating at the Raffles site since 1896 and the Raffles is heritage listed.
Relevantly, the Raffles and the resident are both part of the one strata complex.
To a large extent, the case turned on its own particular facts.
However, there are some lessons for all licensees that can be drawn and which contributed to the Court finding in the licensee’s favour:
The Court found that the Raffles licensee “has adjusted its business to take into account complaints about noise…the management of the Raffles cannot be expected to restrict the operation of a venue which is inconsistent with the orderly and proper use of that venue” in a situation where the resident had full knowledge of the hotel at the site before choosing to live next door.
Lavan is very proud to have represented the Raffles licensee in the matter through our liquor, planning and litigation teams.
A full copy of the decision is available here.
Licensees are reminded that there are other ways (in addition to a nuisance claim) in which action can be brought against a licensee in relation to noise. The issue of noise is one that licensees should manage carefully and properly.
Many licensee companies, big or small, have a mixed distribution of shares such that one or more shareholders holds a larger number or value of shares than someone else.
Generally speaking, the majority usually rules. But not always.
Minority shareholders do have rights and some protection under the Australian Corporations Act.
Lavan recently published an article on this subject which can be accessed here.
People under the age of 18 can actually work on licensed premises lawfully, in certain circumstances. They cannot be involved in the sale, supply or service of liquor.
Scenario 1: Jack and Jill are in the bar at The Hill Pub, which operates under a tavern restricted licence. They order some corn chips with dip and a cocktail each. Later on they order a bottle of wine to share, but only manage to drink half of the bottle.
Q: Are Jack and Jill permitted to take the unfinished bottle of wine home?
A: No, because the wine was not purchased for consumption with a substantial meal.
Q: Would it make a difference if Jack and Jill ordered a large pizza in the tavern dining room, produced on site, to eat with the wine, whilst they sat dining together at a table?
A: Yes, then they could take the unfinished wine home.
Q: But what if the pizza was served to them whilst they were standing-up, playing pool and the pizza was produced at Joe’s Pizzeria next door?
A: Then they could not take the wine home because firstly, the pizza was not produced by the tavern licensee and secondly because the definition of “meal” requires the pizza to have been “eaten whilst sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food”.
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Scenario 2: Bill and Ben meet five friends at Sensations Karaoke Lounge, which trades under a special facility licence. They order substantial meals produced by the karaoke licensee, which they eat at the table in their private dining/karaoke room. During dinner, Bill orders two bottles of wine and one bottle of rum to share with his friends. One bottle of wine is finished and the other one is not opened as they start drinking the rum instead. They drink three quarters of the bottle of rum.
Q: Can Bill take the unopened bottle of wine and the nearly-finished bottle of rum home with him?
A: No, on both counts. In the case of the wine, it was unopened. Only an opened container of partially consumed wine can be taken home. In the case of the rum, the new law only applies to wine, not spirits.
The licensing authority’s fees for lodgement of applications, annual licence fees and other charges for 2019 have recently been announced.
The annual licence fee in 2019 will be $603, with the exception of club restricted licences which will be $297. Payments for annual licence fees must be made on or before 1 January 2019. The licensing authority should invoice licensees closer to the end of this year. However, licensees are reminded there is an obligation to pay the annual licence fees even if no invoice has been received for some reason.
The full list of 2019 fees can be accessed at this link.
Blanket ETP approval has been granted for packaged liquor sales on the following dates:
Approved liquor store licences situated outside the metropolitan area may trade between 10am and 10pm on those dates.
Approved hotel and liquor store licences situated in the metropolitan area may trade between 8am and 10am on the December dates.
A number of licences in restricted areas have been excluded and some licences will be subject to their own special conditions. All licensees should double check.
The relevant Government Gazette can be accessed here.
