[1983] 1 VR 303
R v LIQUOR CONTROL COMMISSION Ex PARTE S E DICKENS PTY LTD
R v LIQUOR CONTROL COMMISSION Ex PARTE AUSTRALIAN HOTELS ASSOCIATION
SUPREME COURT OF VICTORIA
ANDERSON J
12-14 October, 05 November 1982
[1983] 1 VR 303
Liquor licensing — Application for a transfer of retail bottled liquor licence — Determination by single member of Liquor Control Commission — Appeal to Full
Commission — Whether appeal to be conducted as a hearing de novo — Right to be
heard on appeal — Right to seek issue of summons to produce Appeal — Liquor
Control Act 1968 (No. 7695), s10, s11, s13.
.
The Liquor Control Act 1968 empowers a commissioner of the Liquor Control
Commission to hear and determine an application for the transfer of a retail
bottled liquor licence. S10(7) accords a right of "appeal" to a Full Bench of
the Commission from such a decision. Standing is given to, inter alia,
"any...person whether a party to the application or not who is directly
affected in interest by the determination". S10(4) provides that when the
Commission is determining any matter which in its opinion "may directly affect
prejudicially the rights of any person the Commission shall give reasonable
notice to that person that such matter is to be considered and determined by
the Commission and if the person so desires he shall be given an opportunity
to produce evidence before and be heard upon the matter by the Commission...".
S10(3) provides that the Commission may "expeditiously and informally" hear
and determine any matter in such manner as the Commission thinks fit "and it
shall be free either to act without regard to or to observe legal rules
relating to evidence and procedure". S13(7) provides that "Subject to this Act
the Commission may regulate its own proceedings. S11 of the Act gives to the
Commission the same powers to issue summonses to produce documents as a board
of inquiry possesses under s14 to s16 of the Evidence Act 1958.
On an application for the issue of prerogative writs on the grounds of
misinterpretation of these provisions by the Commission.
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[1983] 1 VR 303
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