liquor licence appeal to supreme court

On Monday 30 May, PPN will apply for leave to appeal to the Trial Division of the Supreme Court for a review of the VCAT decision to suspend the Bar20 liquor licence.

If leave is granted, sub-section 148(3) of the Victorian Civil and Administrative Tribunal Act 1998 requires that the appeal be instituted no later than 14 days after the day on which leave is granted.

Presumable the two PPN directors are also appealing the decisions affecting themselves. I don't care about the directors as they can always be replaced by new directors familiar with the requirements of the liquor licencing laws.

IMO, the present board must take responsibility for the loss of the BAR20 liquor licence. They need to "fall on their swords" in the best interests of the company as a whole.

PPN will have to prove that the VCAT Senior Member committed an "error in law". Such an "error in law" might be that VCAT made findings for which there was no evidence, or that were not open on the evidence, or that were unreasonable or perverse.
[Refer: S.148 Victorian Civil and Administrative Tribunal Act 1998 ]

In the second reading speech, the responsible minister described the evolution of the liquor industry in Victoria from the 1980s to the present (where the Liquor Control Reform Act 1998 (as amended) is in force), and the reasons for the evolving legislative response:

".... In 2009, we are a city of small bars and restaurants attracting tourists from all over the world. Our chefs are world class and our wine is internationally recognised. What we did not account for at the time of the Nieuwenhuysen report was the increase in large nightclubs and bars that accompanied the liberalisation of liquor laws....."

".... Recently we have seen community outrage over horrific incidents of late-night violence in and around licensed venues. The Brumby government is taking action to recast the liquor licensing system to ensure that bars and nightclubs that are open late and have large numbers of patrons contribute more to the cost of stronger regulation and enforcement of the liquor industry necessary to help reduce alcohol-related violence and contribute to a safer community. We are doing this without penalising the sophisticated food and cafe culture that has emerged in Melbourne by recognising that these venues present less risk to the community...."