Downes Family Trust & Ors v Woolworths (WA) Pty Ltd

[2001] WASCA 382

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Liquor Licensing
2. › Grant of licence
3. › Liquor store licence
4. › Conditional grant
5. › Whether reasonable requirements of public cannot be provided for by existing premises
6. › Substantial difficulty or inconvenience
7. › Traffic conditions and access difficulties as relevant considerations
8. › Contemporary standards
9. › Liquor Licensing Act 1988 (WA), s 38(2b)(a)
1. Administrative Law
2. › Judicial review
3. › Appeal on question of law
4. › Whether finding against weight of evidence constitutes error of law
5. › Value judgments by specialist tribunal
6. › Liquor Licensing Act 1988 (WA), s 28(2)

Quick Take

Traffic conditions, access difficulties, and related conditions are relevant factors in assessing whether existing licensed premises can provide for the reasonable requirements of the public without substantial difficulty or inconvenience under s 38(2b)(a) of the Liquor Licensing Act 1988 (WA). When relying on 'contemporary standards', the Liquor Licensing Court must identify with clarity the specific elements of those standards on which its decision is based.