If you're operating a business within a licensed venue, it pays not to assume that you're covered under the Liquor Act. Do your research and make sure you have the necessary approvals, otherwise you might find yourself out in the cold with a business to run and nowhere to run it.
The Polish Club Ltd operated a licensed venue and agreed to allow Mr and Mrs Gnych to operate a Polish restaurant for club members and patrons in an area on the first floor. The Club also agreed to provide the couple with a non-exclusive licence to use a room beside the restaurant area when extra seating was needed.
A written Lease and Licence were prepared and submitted to the Club for execution but were never finalised or signed.
Once the restaurant was up and running, as a normal course of business, people would visit the club's bar and return to their table, or if using the extra seating, alcoholic drinks would be delivered to their tables.
Following a chill in relations between the two parties, the Club's solicitor provided written notice to the Gnych's requesting that they vacate the club as soon as possible.
The main focus of the appeal was the breach of s 92(1) of the Liquor Act 2007 (NSW) and the consequences of that breach. Despite the fact the Gnych's business was part of the licensed premises, they did not have the relevant regulatory approval necessary to make this lawful. The trial judge held that this invalidated the Lease.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
