The NSW Supreme Court has invalidated a decision of the Independent Liquor and Gaming Authority to vary the trading hours of the Sydney Junction Hotel in Hamilton in the recent case of Rogers v The Independent Liquor and Gaming Authority (No 2)  NSWSC 1177. In 2017, after receiving advice from the Commissioner of Police that the extended trading licence granted to the Hotel should be revoked, the Authority notified the Hotel of the Commissioner’s request and invited the Hotel to make submissions to the Authority. After hearing submissions, the Authority chose not to revoke the extended trading license but reduce it from closure at 3am to 1.30am.
The owner of the Hotel appealed this decision on the grounds that this was not a proposed decision, and that the Authority should have gone through a second process in which they considered all statutory requirements and given all parties a reasonable opportunity to make submissions in respect of the variation. The decision ultimately relied upon the construction of s51(13) of the Liquor Act 2007, and the court held the lack of due process invalidated the Authority’s decision.