The Court held that NCAT did not commit jurisdictional error by failing to expressly consider s 31(2) of the Liquor Act 2007 (NSW) when granting a packaged liquor licence, because the undisputed evidence before NCAT established the premises were a 'general store' under s 31(3), making s 31(1) — not s 31(2) — the applicable restriction. The definitions in s 31(3) of general store, take-away food shop, and service station are mutually exclusive, and primary use is properly assessed by reference to the proportion of sales revenue generated by each category of goods, not the number of individual items sold. Evidence gathered after NCAT's decision about changed circumstances at the premises was held inadmissible on judicial review, as the court's function is to assess whether NCAT erred on the material before it at the time of decision.
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