Trensilk Holdings Pty Ltd v Ettamogah Pub (Morley) Pty Ltd

[2000] WASCA 254

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Liquor Licensing
2. › Licensed premises
3. › Redefinition of licensed premises
4. › Premises demolished
5. › Whether open to redefine where building demolished
6. › Definition of 'premises' includes land
7. › Licence continues in force during suspension
8. › Liquor Licensing Act 1988 (WA), ss 31(3), 32(5), 77(4), 92, 93(1)
1. Liquor Licensing
2. › Hotel licence
3. › Conversion to tavern licence
4. › Whether evidence sufficient to establish no longer significant need for residential accommodation
5. › Failure to apply proviso as to whether no useful purpose served by continuance of requirement
6. › Conclusion of appeal court on issue
7. › Liquor Licensing Act 1988 (WA), s 41(6)
1. Appeal
2. › Appeal on question of law only
3. › Distinction between error of law and error of fact
4. › Whether finding against the evidence or weight of evidence raises question of law
5. › No evidence ground
6. › Liquor Licensing Act 1988 (WA), s 28(2)

Quick Take

A liquor licence that has been suspended but not cancelled or surrendered continues in force in relation to the land, and the licensee may apply for redefinition of the licensed premises under s 77(4)(b) even where the building has been demolished and an entirely different building is proposed. The two limbs of s 41(6) — significant need for residential accommodation and useful purpose served by continuance of the requirement — are distinct inquiries that must both be addressed when converting a hotel licence to a tavern licence.