Under cl 6.13(3)(a) of the Randwick LEP 2012 (and equivalent standard instrument provisions), the inquiry is whether the building was designed or constructed for the purpose of commercial premises, assessed by reference to the physical design and construction of the building, not its current or historical use. The categories of 'registered club' and 'commercial premises' are not mutually exclusive. The definition of 'retail premises' does not require that retail sales be 'directly to the public', in contrast with the express requirement in the definition of 'business premises'. A building designed with food and drink preparation and service facilities satisfies the definition of 'food and drink premises' and hence 'retail premises' and 'commercial premises', even if those facilities were designed to serve club members.
The full text is available to signed-in members, including the 1 later case that cites this judgment.