Executive Director, Public Health & Anor v Woolworths Ltd & Ors

[2002] WASCA 108

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Liquor Licensing
2. › Licensed premises
3. › Alteration or redefinition of licensed premises
4. › Whether proposed new bottle shop some distance from existing premises constitutes alteration or redefinition
5. › Whether physical or functional unity required
6. › Liquor Licensing Act 1988 (WA), s 77
1. Liquor Licensing
2. › Objects of Act
3. › Harm minimisation
4. › Balancing primary and subsidiary objects
5. › Whether finding of mere possibility of harm open on the evidence
6. › Liquor Licensing Act 1988 (WA), s 5(1)(b), s 5(2)
1. Administrative Law
2. › Judicial review
3. › Error of law
4. › Unreasonable finding of fact amounting to error of law
5. › Liquor Licensing Act 1988 (WA), s 28

Quick Take

A proposed new liquor outlet that is physically separate from and some distance away from existing licensed premises, with no physical or functional connection, cannot be approved as an 'alteration' or 'redefinition' under s 77 of the Liquor Licensing Act 1988 (WA) and instead requires a fresh licence application. Following the 2001 amendments, s 77(5a) prevents such applications where the area is not contiguous with existing premises.