An application for a tavern licence to be situated in the rapidly growing north west corridor was recently granted where applications for a liquor store licence in the immediate vicinity of the tavern site had twice failed.
The Director of Liquor Licensing has approved a tavern licence in Clarkson, to be known as the Whale & Ale at Ocean Keys. The proposal is for an English themed operation in the immediate vicinity of the expanding Ocean Keys Shopping Centre comprising of a sports bar, international bar, cocktail bar, and bistro with function facilities combined with a specialised packaged liquor drive through facility. The application was objected to by a hotel, tavern and liquor store licensee in the affected area.
One of the objectors, Liquorland had previously applied for a conditional grant of a liquor store licence in the Ocean Keys Shopping Centre. The Liquor Licensing Court refused that application on the basis the evidence presented did not establish that the licensed premises already existing in the affected area cannot provide for the requirements of the public for packaged liquor. Liquorland subsequently applied for the transfer of the Clarkson Liquor Store licence and the removal of that licence to the Ocean Keys Shopping Centre. The removal application was recently refused by the Court on 2 February 2005.
While Liquorland submitted in its two prior applications that there was a reasonable requirement in the area for packaged liquor services, it sought to argue the tavern applicant had not met this test in relation to its proposed bottleshop.
The Director found the applicant presented overwhelming evidence in support of its application. More specifically, the Director found there was compelling subjective evidence presented that showed that there is a reasonable requirement of a significant section of the public residing in the affected area for liquor and related services at the proposed tavern which was further supported by other expert evidence to show the application was objectively reasonable.
For further information contact:
Dominique Hartfield, solicitor, 9288 6940
Dan Mossenson, chairman of partners, 9288 6769
Phillips Fox
