Australian Leisure and Hospitality Group Pty Ltd v Commissioner of Police

(2020) 56 WAR 102; [2020] WASCA 157

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Liquor Licensing
2. › Application for approval to alter licensed premises
3. › Public interest test
4. › Whether 'public interest' in s 38(2) includes general economic benefits to locality
5. › Whether economic benefit considerations irrelevant to public interest assessment
6. › Liquor Control Act 1988 (WA), ss 5, 33(1), 38(2), 38(4), 77
1. Administrative Law
2. › Relevant and irrelevant considerations
3. › Statutory discretion conditioned on 'public interest'
4. › Content of 'public interest' determined by subject matter, scope and purpose of Act
5. › Whether general economic benefits definitely extraneous to statutory objects
1. Statutory Interpretation
2. › Construction of 'public interest'
3. › Content derived from subject matter, scope and purpose of enactment
4. › Role of objects clause and long title in confining public interest
5. › Whether objects clause limits scope of undefined statutory discretion
6. › Liquor Control Act 1988 (WA), ss 5, 33, 38
7. › Interpretation Act 1984 (WA), ss 18, 29

Quick Take

The 'public interest' in s 38(2) of the Liquor Control Act 1988 (WA) encompasses the public interest in relation to the sale, supply and consumption of liquor. Economic benefits connected to the liquor, tourism and other hospitality industries are permissible considerations, but general economic benefits to a locality — such as employment, investment, commercial precinct development, and benefits to other businesses — are irrelevant considerations. The term 'amenity' in s 38(4)(b) concerns the overall character, quality and enjoyment of life within the locality, not general economic benefits. The O'Sullivan v Farrer 'definitely extraneous' formulation does not impose a higher threshold; the correct approach is to identify the content of the public interest from the statutory scheme, not to begin with an unconfined discretion and search for exclusions.