Notes

Part A: 150ish words

Trading Hours: Name the Acts and/or Regulations that control when the Authority may extend trading hours of a licensed hotel.
- Acts
  - Liquor Act 2007 No 90 - s 49
- Regulation
  - Liquor Regulation 2018
- Identify the provisions relevant to the given factual situation.
- Research notes
  - Nsw Legislation website
  - Austlii
    - Liquor Act 2007 No 90
      - 48
        
        2(c) an application for an extended trading authorisation in relation to a hotel license, club license, small bar license or packaged liquor license,
        
        (3) A relevant application must be accompanied by a community impact statement.
        
        (5-7) - denial conditions
        
        Include gambling activities during the proposed time
      - 49
        
        (2)
        
        (a) in the case of a hotel license—a specified period between midnight (other than midnight on a Sunday) and 5 am on any day of the week (other than a Monday),
        
        (8)
        
        (b) the extended trading period will not result in the frequent undue disturbance of the quiet and good order of the neighborhood of the licensed premises.
    - Liquor Regulation 2018
      - 27 CIS
        
        3(f) an application for an ongoing extended trading authorisation in relation to a license referred to in paragraphs (a)–(d)
        
        (a) an application for a hotel license)
      - 28 CIS
        
        In the case of an application for an extended trading authorisation in relation to a hotel license, the matters to be addressed by a CIS are to include matters relating to gambling activities on the licensed premises during the period that the authorisation is proposed to be in force.
      - 29
        
        (1) In preparing a CIS, the applicant must provide each relevant stakeholder with a notice, in the form and manner approved by the Authority, containing information about the relevant application and the process by which the stakeholder is able to consult with the applicant on the relevant application.
        
        (3) In the case of a category B CIS, the relevant stakeholders are as follows—
        
        (a) the local consent authority,
        
        (b) if the premises to which the relevant application relates are, or will be, situated within 500 meters of the boundary of another local government area—the local consent authority for that other area,
        
        (c) the local police,
        
        (d) the Ministry of Health,
        
        (e) the Department of Communities and Justice,
        
        (f) Transport for NSW,
        
        (g) the recognised leaders or representatives of the local Aboriginal community (if any) in the area,
        
        (h) the occupier of any neighboring premises as referred to in clause 20,
        
        (i) such other stakeholders as are determined by the Authority.
        
        (4) any organization located in the local government area in which the hotel is situated that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counseling or treatment services.
      - 34 application
        
        (1)
        
        (a) an extended trading authorisation (other than a special occasion extended trading authorisation),
        
        (2) An application to which this clause applies must demonstrate, to the satisfaction of the Authority, that—
        
        (a) practices are in place, and will remain in place, at the licensed premises to which the application relates that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
        
        (b) if a planning approval is required to use the licensed premises in accordance with the license-related authorisation concerned—the required planning approval is in force.
    - Liquor & Gaming NSW
      - Category B Community Impact Statement (CIS) must be completed for new ETA applications
        
        nature and scope of the proposed changes
        
        local statistics
        
        objections received
        
        history of the venue’s operation.
        
        AM0020H - summarize this
        
        Total application $4,377
        
        You must make a duplicate of all pages this application and attachments
        
        and lodge it at the local police station immediately before or within two working days of lodging the original with L&GNSW
        
        ‘Local consent authority notice’ on likely – the local council or other consent authority –
        
        You must display a copy of ‘Public consultation and site notice’ to the location of the licensed premises
        
        You must also provide a copy of the notice to:
        
        – the occupiers of any building on land adjoining the licensed premises, even if there is a separating road
        
        – the occupiers of any building on land situated within 100 metres of the
        boundary of the licensed premises
        
        – the stakeholders consulted during the community impact statement (CIS) process.
        
        After 2008, There must be a 6-hour closure period (2am - 10 works)
        
        Conform to section 3(2) and explain how
        
        Does the local council’s development consent or approval for the premises (if required) allow extended trading hours?
        
        Attach a a plan of the licensed premises
        
        a copy of the local council’s development consent or approval for the extended trading hours
        
        FM2007 ‘Notice of intention to apply for liquor licence or a licence authorisation’ form at least 30 days prior to completing this CIS form
        
        Gather feedback, identify key issues, assess if further consultation is needed
        
        By describing changes you have made to your proposal after talking to your community the CIS will demonstrate how well you handle, and respond to, community issues.
        
        Check what buildings are nearby
    - Used auto search,
    - key words
      - liquor trading hours hotel nsw
      - Legislation database
    - Link to legislation
    - Link to form
    - Link to other legislation
    - Found on liquor nsw site
1. Gaming Machines: Name the Acts and/or Regulations that control when the Authority may increase the number of gaming machines operated by a licenced hotel.
- Acts
  - Gaming Machines Act 2001:
    - threshold increase application section 34-36
    - Gaming Plan of Management (GPOM)
    - Local Impact Assessment (LIA) GMT000
    - Depends on the band they are in
  - Liquor Act 2007
- Regulation
  - Gaming Machines Regulation 2010
    - Sections 34-45 are relevant under division 3 Gaming machine threshold scheme
- Identify the provisions relevant to the given factual situation.
- Research notes
  - Hotel Gaming license regulations
  - Relevant legislation
  - Form for late-night gaming
    - Found on nsw legislation website from liquor and gaming website
  - Acquiring a gaming machine
1. Research Strategy: Document the research strategy you used to answer questions (1) and (2) (i.e., what specific databases and search terms did you use to identify the legislation).
  Part B: 1500 words
Provide advice to the Authority about whether the Furnace Hotel’s trading hours should be extended
- List all the legal elements the Authority needs to be satisfied of in respect of the trading hours application, and explain what issues are raised on your reading of the facts given.
- 1. Interpret the legislative provisions using the principles of statutory interpretation identified in this subject, giving attention (where appropriate) to interpretation legislation, general principles of interpretation, judicial or quasi-judicial decisions, and extrinsic sources.
- 1. Provide a clear conclusion in your advice to the Authority on each legal issue that arises on the facts.
Essay planning
- List all the legal elements
  - The Liquor Act 2007 governs the application and approval process of licenses, with the Authority possessing control over the decisions regarding license applications (Section 45).
  - The applicant must be a fit and proper person to carry on the business with good character, honesty, integrity, and competency (Section 45).
  - Consideration for approving any application includes the impact on various sectors like the live music industry, arts, tourism, and the community or cultural sector (Section 45).
  - The Authority can impose restrictions on granting a license before it takes effect, and the process should consider the local community’s views and concerns (Sections 47 & 48).
  - An application must be accompanied by a Community Impact Statement (CIS), with regulations specifying the requirements, content, consultation processes, and other relevant aspects related to community impact statements (Section 48).
  - Section 49 outlines the general provisions for Extended trading authorization (ETA) applications, including relevant hours and the nature of the application. ETAs must not cause frequent undue disturbance to the peace and order of the neighborhood (Section 49).
  - The Liquor Act 2007 details the application criteria for compliance, which includes fee, additional information, advertisement, and compliance with additional requirements (Section 53).
  - The Liquor Regulation 2018 defines neighboring premises, notification requirements of neighbors, and categorizes the CIS application as category B, which also includes matters related to gambling activities (Sections 20, 21, 27, and 28).
  - Section 29 presents consultation requirements, listing out required stakeholders for consultation, including the Ministry of Health, the Department of Communities and Justice, Transport for NSW, local Aboriginal community leaders, and other specified stakeholders.
  - Section 51(1)(a) of the legislation states that this section applies to different types of authorizations that can be granted by the Authority, including an extended trading authorization.
  - Section 51(2) elaborates on the requirements for applying for an authorization. The application must be in a form and manner approved by the Authority, be accompanied by the prescribed fee and the necessary information, must be advertised if required by regulations, and must comply with other requirements as approved by the Authority or as prescribed by regulations.
  - Section 51(7) indicates that the regulations may prescribe a fee for the granting of an authorization. The authorization does not take effect until the fee, if prescribed or determined, has been paid.
- explain what issues are raised - together with legal elements 800 wordsish
- Fit and Proper Person Requirement: The applicant, Gia Gambina, must demonstrate good character, honesty, integrity, and competency to carry on the business. This requirement ensures that the licensee is suitable to operate a licensed premise.
- Impact on Various Sectors: The Authority must consider the impact of the application on sectors such as the live music industry, arts, tourism, and the community or cultural sector. This assessment ensures that the application aligns with the broader interests and development of the community.
  - Community Impact Statement (CIS): The application must be accompanied by a CIS, which outlines the potential impact on the local community. The CIS should address concerns related to the extended operating hours, increased gambling opportunities, and any other relevant issues raised by the community.
  - Consultation and Local Community Views: The Authority is required to consider the views and concerns of the local community when assessing the application. This includes consultation with stakeholders such as the Ministry of Health, the Department of Communities and Justice, Transport for NSW, local Aboriginal community leaders, and other specified stakeholders.
- Compliance and Additional Requirements: The application must meet the criteria for compliance, including the payment of fees, submission of additional information, and advertisement of the application. The Authority may impose restrictions or additional requirements before granting the license.
- Disturbance to the Neighborhood: The extended trading authorization (ETA) application must not cause frequent undue disturbance to the peace and order of the neighborhood. This criterion ensures that the extended hours do not negatively impact the local community’s peace and well-being.
- Gambling Activities: The application involves an increase in the number of gaming machines, which falls under the category of gambling activities. The regulations under the Liquor Act 2007 and Liquor Regulation 2018 outline specific requirements and considerations for applications related to gambling activities.
- Fee Payment: The authorization does not take effect until the prescribed fee, if any, has been paid. This ensures that the necessary financial obligations are met before the authorization is granted.
- Interpret the legislative provisions - 400 wordsish
  - interpretation legislation, general principles of interpretation, judicial or quasi-judicial decisions, and extrinsic sources.
  - Literal Rule and Purposive Approach: The provisions of the Liquor Act 2007 and Liquor Regulation 2018 should be interpreted based on their plain and ordinary meaning (literal rule) while considering the purpose and intention of the legislation (purposive approach). This includes understanding the requirements for license applications, the conditions for granting licenses, and the impact on various sectors mentioned in Section 45(7).
  - Contextual Interpretation: The provisions should be interpreted in the context of the overall legislative framework governing the extension of hotel trading hours in New South Wales. This requires considering Sections 40-43 as the generic provisions for license applications and Section 48 as the specific provision for community impact statements.
  - Precedents and Judicial Decisions: Relevant court or quasi-judicial decisions related to license applications, community impact statements, and extended trading authorizations should be considered to understand the interpretation and application of the provisions in similar cases. These decisions may provide guidance on factors to be considered, requirements for community impact statements, and the imposition of restrictions on granting licenses.
  - Extrinsic Sources: Extrinsic sources, such as legislative history, reports, explanatory memoranda, and parliamentary debates, may provide additional insight into the legislative intent and assist in interpreting the provisions. These sources can provide background information, policy considerations, and the rationale behind the legislation.
  - Interpretation Legislation: Any specific interpretation acts or legislation applicable in the jurisdiction should be consulted to understand any specific rules or principles of interpretation that may apply to the Liquor Act 2007 and Liquor Regulation 2018.
  - local consent authority, in relation to licensed premises or proposed licensed premises, means—
  - (a) the local council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or
  - (b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.
- Provide a clear conclusion in your advice to the Authority on each legal issue that arises on the facts. - 250 words

Part C: 350 words

The Principal Lawyer supervising your work has noticed that that the Authority’s file on this area of law is out of date.
She asks you to update it by following the instructions below:
- List FOUR sources that would directly assist in understanding the laws regarding liquor licences in NSW and be relevant to the specific advice you have given above.
  - The four sources must be selected from the following categories, with no more than one source from each of these six categories:
    - journal article
    - book or edited book
    - chapter in edited book
    - institutional research report
    - government guide or information sheet
    - Judicial or tribunal decision.
  - Journal
    - AGIS Plus Text
    - Hein Online
    - The Australian and New Zealand Journal of Criminology
    - The first source derives from the journal “Problematic Licensed Premises for Assault in Inner Sydney, Newcastle and Wollongong,” a journal article in the Australian and New Zealand Journal of Criminology. This text posits that a small minority of licensed premises appear to be the most problematic for alcohol-related violence, specifically those in large CBDs such as Sydney, Wollongong, and Newcastle. This resource examines the effects of restricting or expanding trading hours on rates of alcohol-related problems; it focuses on the small minority of 6% of licensed premises accounting for two-thirds of all on-premises assaults. This book can be found using the AGIS Plus Text (Informit) tool and applying the keywords ‘NSW hotel Extended trading hours.’
  - Chapter in edited book
    - The following source was from the book “Stemming the Tide of Alcohol,” a novel in conjunction with the Canberra Foundation for Alcohol Research and Education. Chapter 14, “Limits on trading hours, particularly late-night trading,” provides relevant insights into the history, regulations, and impact of trading hours in the context of liquor licensing. This resource examines the effects of restricting or expanding trading hours on rates of alcohol-related problems; it focuses on the emergence of late-night trading and its potential to reduce alcohol-related harm. This book can be found using the Google Scholars tool and applying the keywords ‘extended trading hours NSW.’
  - Case - find a better case
    - Secheny v Blacktown City Council [2009] NSWLEC 1361
    - An additional resource to consider is Secheny v Blacktown City Council [2009], a case with similar objectors, although these objectors expressed even greater disapproval than this situation. In this situation, the judge found that management’s preventative measures justified a trial period of extended hours to assess patron response and monitor potential issues, an idea applicable to this situation. This case was discovered using the keywords ‘NSW applying for “hotel Extended trading hours”’ on Lexis Advance Research, chosen for the relevance to this case and the recency.
  - Institution report
    - The final source, found in Google Scholar with the additional terms “authority gaming liquor laws,” is an e-brief by the authoritative NSW Parliamentary Research Service titled “Liquor licensing restrictions to address alcohol-related violence in NSW: 2008 to 2014.” This brief outlines the major licensing restrictions introduced since 2008 while referring to studies conducted on the effectiveness of certain limits, and examining trends in alcohol-related assaults.
- 1. In a few sentences, justify why you selected each source as authoritative and useful to your advice work, and document your research strategy (i.e., what specific databases and search terms did you use to identify the relevant sources).
  - It is not sufficient to list sources that merely have a general connection with the topics of liquor licencing or gaming — they must be relevant to the factual situation given, and you must clearly explain the nature of that connection

Issues Raised in the Given Facts (300 words)
A. Regulation of hotel trading hours in NSW
B. Relevance of the Liquor Act 2007 No 90 and Liquor Regulation 2018
C. Sections 40-43: Generic provisions for license applications
D. Section 45: Decision-making authority of the Licensing Authority
E. Conditions outlined in Section 45(3)(a) and Section 45(5)(A)
F. Consideration of employment opportunities in Section 45(7)
G. Authority’s ability to impose restrictions in Section 47(2)
H. Community impact requirements in Section 48
I. Importance of a comprehensive Community Impact Statement (CIS)
J. General provisions for Extended Trading Authorization (ETA) in Section 49
K. Restrictions on granting an ETA in Section 49(8)
L. Overview of application criteria in Section 53(3)
III. Interpretation of Legislative Provisions (300 words)
A. Principles of statutory interpretation

Literal rule
Golden rule
Mischief rule
Purposive approach
B. Relevance of interpretation legislation, if applicable
C. Application of general principles of interpretation
D. Consideration of judicial or quasi-judicial decisions
E. Examination of extrinsic sources
F. Analysis of the legislative provisions in light of the principles of interpretation
G. Assessing the intention and purpose of the legislation
H. Determining the scope and application of specific provisions
IV. Community Plan or Lack Thereof (300 words)
A. Importance of a community plan in assessing the impact of the application
B. Evaluating the absence of a comprehensive community plan in the given facts
C. Significance of addressing community concerns and potential impacts
D. Balancing the benefits of extended hours and increased gaming machines with community well-being
E. Consideration of potential negative consequences and their mitigation
F. Discussion of the role of the Community Impact Statement (CIS) in addressing community concerns
G. The impact of compliance with community impact requirements on the overall evaluation
H. Conclusion on the adequacy or inadequacy of The Furnace Hotel’s community plan
V. Conclusion (300 words)
A. Summary of the issues raised in the given facts
B. Analysis of the legislative provisions using principles of statutory interpretation
C. Evaluation of the presence or absence of a community plan in the given scenario
D. Final remarks on the implications for The Furnace Hotel’s application and compliance with the law

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Part A: 150ish words

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