Reasons for Decision Premises: 3UP Yarrawonga Proceeding: Objection to Application for New Off-premises Licence Applicant: 3UP Pty Ltd Nominee: Mr Michael Rasmussen Heard Before: Mr John Withnall Ms Jill Huck Mr Alan Clough Date of Hearing: 15 September 2003 Date of Decision: 18 November 2003 Appearances: Mr A Sprigg for Applicant Mr G Buckley for Objector These Reasons For Decision assume a prior reading of decision the Commission’s earlier in this matter dated 30 September 2002, which is available on website. the Commission’s In May 2003 the applicant lodged further material in support of the application: a set of design drawings, another dozen letters of support, and a survey bearing the signatures of 206 identified persons, 201 being in favour of the proposal. At its meeting of 8 July 2003 the Commission considered the new material and made a determination in the following terms: Commission noted the changed plans of the premises and the length of time taken to provide material relating to needs and wishes of the community and determined that the application should be re-advertised and that all of the material relevant to the original application be made available to the parties. Commission noted that as a re-advertisement of an earlier application the provisions of Section 47F of the Liquor Act in force from 24 January 2003 do not apply. The plan changes referred to involved a broadside exposure of the proposed building to the service road, and an allegedly safer re-entry from the driveway to the service road. As the changed footprint of the building still remained entirely within Lot 6596 Town of Palmerston as originally proposed and advertised, the Commission regarded the matter as requiring only fresh advertising rather than a fresh application. The applicant requested a review of the decision to require re-advertising of Commission’s the application, and such review was conducted by the Commission by way of a hearing on 24 July 2003. The outcome of the review was a reaffirmation by the Commission of the requirement to readvertise, and advertisements appeared in the on 30 July “NT News” 2003, 1 August 2003 and 2 August 2003, the latter correcting what the Commission believes most readers would have easily identified in context as a typographical error in the two preceding advertisements. The re-advertising elicited just one objection, from Mr Gary Coleman jointly with Tally Won Pty Ltd. The grounds of objection were stated as being (and paraphrasing) unsuitable location, adverse effect on the amenity of the area and its possible future use, not meeting
Reasons for Decision Premises: 3UP Yarrawonga Proceeding: Objection to Application for New Off-premises Licence Applicant: 3UP Pty Ltd Nominee: Mr Michael Rasmussen Heard Before: Mr John Withnall Ms Jill Huck Mr Alan Clough Date of Hearing: 15 September 2003 Date of Decision: 18 November 2003 Appearances: Mr A Sprigg for Applicant Mr G Buckley for Objector These Reasons For Decision assume a prior reading of the Commission’s earlier decision in this matter dated 30 September 2002, which is available on the Commission’s website. In May 2003 the applicant lodged further material in support of the application: a set of design drawings, another dozen letters of support, and a survey bearing the signatures of 206 identified persons, 201 being in favour of the proposal. At its meeting of 8 July 2003 the Commission considered the new material and made a determination in the following terms: Commission noted the changed plans of the premises and the length of time taken to provide material relating to needs and wishes of the community and determined that the application should be re-advertised and that all of the material relevant to the original application be made available to the parties. Commission noted that as a re-advertisement of an earlier application the provisions of Section 47F of the Liquor Act in force from 24 January 2003 do not apply. The plan changes referred to involved a broadside exposure of the proposed building to the service road, and an allegedly safer re-entry from the driveway to the service road. As the changed footprint of the building still remained entirely within Lot 6596 Town of Palmerston as originally proposed and advertised, the Commission regarded the matter as requiring only fresh advertising rather than a fresh application. The applicant requested a review of the Commission’s decision to require re-advertising of the application, and such review was conducted by the Commission by way of a hearing on 24 July 2003. The outcome of the review was a reaffirmation by the Commission of the requirement to readvertise, and advertisements appeared in the “NT News” on 30 July 2003, 1 August 2003 and 2 August 2003, the latter correcting what the Commission believes most readers would have easily identified in context as a typographical error in the two preceding advertisements. The re-advertising elicited just one objection, from Mr Gary Coleman jointly with Tally Won Pty Ltd. The grounds of objection were stated as being (and paraphrasing) unsuitable location, adverse effect on the amenity of the area and its possible future use, not meeting