Liquor licence conflict over arena definition

The Supreme Court of Western Australia has given a Nedlands sports club the green light to appeal its failed attempt at regaining a liquor licence, after its facilities where deemed not to constitute a sports arena.

In 2017, beach volleyball club Sand Volley, which operates Sand Sports Australia on Verdun Street, applied to the Liquor Commission for a special facility licence to be granted for the purpose of allowing the sale of liquor at a ‘sports arena’.

The Liquor Commission rejected the application, stating that the premises could not be classified as an arena.

“Generally, the licensed premises will not provide an easy or organised view to the entire playing area from appropriate seating, the bathroom facilities are inadequate for what the public may generally expect and no special function facilities exist which together indicate the premises would not ordinarily be classified as an 'arena' type venue,” it said.

The Liquor Commission also said appropriate seating must include tiered seating or else any ground, oval or park where people play sport could constitute a ‘sports arena’.

It also rejected Sand Volley's assertion that obtaining a liquor licence would be in the public interest.

According to submissions made to the Supreme Court, the premise has the capacity to hold up to 80 people.

Sand Volley, which is represented by law firm Lavan, appealed the decision in June 2018, asking for it to be reconsidered by the Liquor Commission.

In a ruling handed down today in the Supreme Court, Acting Justice Strk today upheld its right to appeal.

"As a reconsideration of the application involves the assessment of whether the premises are primarily used for playing and viewing sport; and an assessment of public interest, the application should be remitted to the commission," she concluded.

In 1996, Sand Volley had entered into a sub-lease with the Hollywood-Subiaco Bowling Club, which had a liquor licence and the City of Nedlands.

It could serve alcohol until November 2011, when the licensing authority determined that Sand Volley was not able to be sufficiently controlled by the Bowling Club.