A parliamentary question regarding the issuance of extended trading permits for venues on Australia Day 2003, specifically addressing perceived discrepancies between venues north and south of the Swan River. The answer clarifies the situation and the Director's discretionary power.

AnsweredQoN 537Legislative Council
Asked
12 March 2003
Portfolio
Racing and Gaming

QuestionView source ↗

(1) In relation to Australia Day 2003, why were extended trading permits issued for venues north of the Swan River but not for venues south of the river?
(2) Were these applications rejected as a result of opposition from the police?
(3) Is the Department required to reject applications if the police do not support them?

AnswerView source ↗

Answered
1 April 2003
Responded by
Minister for Racing and Gaming
Response time
20 days
(1) Extended trading permits were issued to south of the river venues, including hotels, liquor stores, cabarets and clubs, on Australia Day 2003.
(2) Applications are not approved if the Director of Liquor Licensing determines that it is not in the public interest to grant an extended trading permit. In determining the public interest, however, the Supreme Court, in the Hermal Pty Ltd [(2001) WASCA 356] has confirmed that the Director, having regard to all the circumstances, and the legislative intention, has a wide discretion; it is a matter for him to decide what weight he will give to the competing interests, including the views of the police and the local authority, and other relevant considerations.
(3) No.

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