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Executive summary

It is my pleasure to present the Annual Report of the Liquor Commission of Western Australia for the year ended 30 June 2022.

During the year in review, the Commission determined 40 applications, whilst eight applications were discontinued.

Furthermore, 18 applications were carried over to 2022-23; of these, 10 were heard but not determined and eight were awaiting consideration.

In October 2021, the Supreme Court handed down its decision in the matter of Liquorland (Australia) Pty Ltd v Director of Liquor Licensing [2021] WASC 366 (the Liquorland decision). Justice Archer upheld all grounds of the appeal by Liquorland (Australia) Pty Ltd, quashed the Commission’s decision and remitted the matter back to the Commission for reconsideration. The matter was heard on 30 June 2022 and the decision was reserved at the time of writing.

The decision of Justice Archer is important to the licensing authority and applicants, as it provides guidance on how the provisions of section 36B of the Liquor Control Act 1988 are to be construed when determining an application for the grant of new packaged liquor outlets, the weighing and balancing of the public interest versus the requirements of section 36B, and factors that need to be considered when determining the locality of the proposed premises.

The composition of the Commission was enhanced with the appointment of Ms Sandra Di Bartolomeo in September 2021 for a 12-month term. Unfortunately, Sandra has decided to not seek reappointment. On behalf of the Commission, I thank her for her hard work and wish her well in her future endeavours.

I also wish to congratulate members Mr Nicholas van Hattem, Ms Alya Barnes, Ms Emma Power, Ms Kirsty Stynes, Dr Kim Hames and Ms Colleen Hayward, on their reappointment to the Commission.

I would like to take this opportunity to thank all Commission members for their talents, hard work, and dedication to the effective operation of the Commission throughout the year.

I also wish to thank the staff from the Department of Local Government, Sport and Cultural Industries for their ongoing support, and the State Administrative Tribunal for the use of their facilities to conduct hearings.

Ms Kate Pedersen

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Page reviewed 11 September 2023