Mr Nixon provided copies of the advice he had received from specialists in relation to the renovations and external building works confirming that the structural integrity of the existing building had not been compromised. Mr also confirmed that internal renovation and refurbishment of the premises to accommodate the additional gaming machines was commenced on 25 April 2015 following: a development application made on 31 March 2015; a development permit being granted on 23 July 2015; and completion of works on 4 December 2016. Public Hearing On 1 June 2017, I convened a Public Hearing in relation to the complaint during Counsel for the licensee acknowledged that: at some time prior to November 2016, in addition to the internal renovations, the licensee commenced building alterations to the external premises which included the construction of a smoker’s area outside of the building adjacent to Parap Road; and that the newly constructed enclosed smoking area was previously an egress comprising of steps and a disabled ramp. Counsel for the licensee conceded that the building works undertaken at the licenced premises met the definition of alteration’ as expressed in the Act in that the access to or egress from the ‘material premises was altered and that the external appearance of the facilities was altered. However, it was submitted that there was not sufficient evidence for me to be satisfied that the alteration of the premises amounted to a structural alteration. Counsel for the licensee further conceded that the licensee had not submitted an application for material alterations in accordance with section 119(1) of the Act. Additionally, Counsel for the licensee advised that it would be prudent for the licensee to now make an application for approval for the material alteration in accordance with section 119(2) of the Act and that it would have been to do so, some time ago.” “…prudent Consideration of the Issues Section 119(1) of the Act requires that: A licensee must not make a material alteration to the licensee’s licensed premises without the Director-General’s approval. Maximum Penalty: 100 penalty units Pursuant to section 4(1) of the Act, a material alteration is defined as: material alteration means an alteration to licensed premises which: increases or decreases the area used for the sale of liquor or the sale and consumption of liquor; or involves structural alteration; or
Mr Nixon provided copies of the advice he had received from specialists in relation to the renovations and external building works confirming that the structural integrity of the existing building had not been compromised. Mr also confirmed that internal renovation and refurbishment of the premises to accommodate the additional gaming machines was commenced on 25 April 2015 following: a development application made on 31 March 2015; a development permit being granted on 23 July 2015; and completion of works on 4 December 2016. Public Hearing On 1 June 2017, I convened a Public Hearing in relation to the complaint during Counsel for the licensee acknowledged that: at some time prior to November 2016, in addition to the internal renovations, the licensee commenced building alterations to the external premises which included the construction of a smoker’s area outside of the building adjacent to Parap Road; and that the newly constructed enclosed smoking area was previously an egress comprising of steps and a disabled ramp. Counsel for the licensee conceded that the building works undertaken at the licenced premises met the definition of ‘material alteration’ as expressed in the Act in that the access to or egress from the premises was altered and that the external appearance of the facilities was altered. However, it was submitted that there was not sufficient evidence for me to be satisfied that the alteration of the premises amounted to a structural alteration. Counsel for the licensee further conceded that the licensee had not submitted an application for material alterations in accordance with section 119(1) of the Act. Additionally, Counsel for the licensee advised that it would be prudent for the licensee to now make an application for approval for the material alteration in accordance with section 119(2) of the Act and that it would have been “…prudent to do so, some time ago.” Consideration of the Issues Section 119(1) of the Act requires that: A licensee must not make a material alteration to the licensee’s licensed premises without the Director-General’s approval. Maximum Penalty: 100 penalty units Pursuant to section 4(1) of the Act, a material alteration is defined as: material alteration means an alteration to licensed premises which: increases or decreases the area used for the sale of liquor or the sale and consumption of liquor; or involves structural alteration; or
Decision-Notice-The-Parap-Tavern-Complaint-s.119.docx