The Director of Liquor Licensing cannot impose a self-created 'exceptional circumstances' test when determining applications for extended trading permits under the Liquor Licensing Act 1988 (WA). The statutory test is the broad public interest discretion in s 33(1), informed by the objects in s 5(2). The objects provisions of the Act themselves constitute the Government's policy guidance. Additionally, procedural fairness requires the Director to disclose adverse submissions (such as police objections) to applicants and provide an opportunity to respond, even where the application is determined on the papers.
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