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NSW Department of IndustryLiquor & Gaming NSWAPPLICATION NO:APP-0007434842APPLICATION FOR:On Premises Liquor licence with Catering Serviceand Sale on Other PremisesTRADING HOURS:Catering:Monday to Saturday: 10:00 AM to 12:00 AMSunday: 10.00 AM to 10.00 PMSale on Other Premises:Monday to Friday: 6.30 PM to 9.30PMSaturday to Sunday: 3.30PM to 9.30 PMAPPLICANT:IAIN MICHAEL BOYDLICENCE NAME:Social ServePREMISES ADDRESS:UNIT 8 8-14 UNDERWOOD ST PADDINGTONNSW 2021ISSUE:Whether a delegated Liquor & Gaming employeeon behalf of the Independent Liquor & GamingAuthority (ILGA) should grant or refuse anapplication for an On Premises liquor licence witha Catering Service.LEGISLATIONSection 45(1) of the Liquor Act 2007ILGA DELEGATED DECISION – APPLICATION FOROn Premises Liquor Licence with Catering Service and Sale on Other PremisesSocial ServeUnder delegation issued by the Independent Liquor and Gaming Authority under section 13of the Gaming and Liquor Administration Act 2007, a designated Public Service employee orother Public Service employee of Liquor & Gaming NSW in the Department of Industry, hasdecided to grant the application for an On Premises Liquor Licence with Catering Serviceand Sale on Other Premises, application number APP-0007434842.On 23 october , and after careful consideration of the application and other material, thedelegate decided to approve the application, subject to the following conditions:Page 1 of 7

Conditions imposed:1. Section 11A of the Liquor Act 2007 applies to this licence. Liquor must not be sold byretail on the licensed premises for a continuous period of 6 hours between 04:00 AM and10:00 AM during each consecutive period of 24 hours. The licensee must comply withthis 6-hour closure period along with any other limits specified in the trading hours forthis licence.2. Consumption on premisesGood FridayNormal TradingChristmas DayNormal TradingDecember 31stNormal opening time until normal closing time or 2.00 AM on NewYear’s Day, whichever is the later3. The licensee must not exercise the sale on other premises authorisation atlocations/venues where there is already a current and valid liquor licence in force.4. The premises is to be operated at all times in accordance with the Plan of Managementdated October 2020 as may be varied from time to time after consultation with NSWPolice and/or Liquor and Gaming NSW. A copy of the Plan of Management is to be kepton the premises and made available for inspection on the request of a police officer,council officer, or Liquor & Gaming NSW inspectorSTATEMENT OF REASONS1. Material before the ILGA delegate (DF20/007263)The decision made by the delegate had the application and other relevant material:(1)Application form lodged on 12 June 2020(2)Plan of proposed licensed area (home office)(3)Business model/ Plan of management(4)Certification of Advertising(5)Council Email DA not required(6)Police submission – Concerns raised(7)Applicant’s response to Police Submission(8)Applicant’s consent to conditions(9)NPC for IAIN MICHAEL BOYD(10)NoticesPage 2 of 7

2. Legislative framework, statutory objects and considerationsIn determining the application, the delegate has considered relevant provisions of the Act,including the objects and considerations that are prescribed by section 3, which state:3Objects of Act(1)The objects of this Act are as follows:(a)to regulate and control the sale, supply and consumption of liquor in away that is consistent with the expectations, needs and aspirations ofthe community,(2)(b)to facilitate the balanced development, in the public interest, of theliquor industry, through a flexible and practical regulatory system withminimal formality and technicality,(c)to contribute to the responsible development of related industries suchas the live music, entertainment, tourism and hospitality industries.In order to secure the objects of this Act, each person who exercisesfunctions under this Act (including a licensee) is required to have dueregard to the following:(a)the need to minimise harm associated with misuse and abuseof liquor (including the harm arising from violence and otheranti-social behaviour),(b)the need to encourage responsible attitudes and practices towards thepromotion, sale, supply, service and consumption of liquor,(c)the need to ensure that the sale, supply and consumption of liquorcontributes to, and does not detract from, the amenity of communitylife.the proposed approved manager/licensee has completed the relevant(d)tiered industry training as per legislative requirements3. Statutory tests(1)In determining an application for a licence, under section 45(3) of the Liquor Act2007, the delegate must also be satisfied that:a.the applicant is a fit and proper person to carry on the business or activity towhich the proposed licence relates,b.practices will be in place as soon as the licence is granted that ensure, as far asreasonably practicable, that liquor is sold, supplied or served responsibly on thepremises and that all reasonable steps are taken to prevent intoxication on thepremises and that those practices will remain in place, andPage 3 of 7

c.if development consent is required under the Environmental Planning andAssessment Act 1979 (or approval under Part 4 Division 4.1 or Part 5.1 of thatAct is required), to use the premises for the purposes of the business or activityto which the proposed licence relates – that development consent or approval isin force.4. Community impact test(1)Under section 48(5) of the Liquor Act 2007, the delegate must not grant a licence,authorisation or approval of a kind prescribed by section 48(2) of the Act unlessthe Authority is satisfied, having regards to the Community Impact Statement,where required, and any other matter the delegate is made aware of during theApplication process, that the overall impact of the licence, authorisation orapproval in question being granted will not be detrimental to the local or broadercommunity.(2)The test applying under section 48(5) relates to delegated decisions in relation to:a. the grant or removal of a small bar licence (where required),b. a packaged liquor licence (limited to telephone/internet sales),c. an application for extended trading hours to permit the sale of liquor aftermidnight in relation to a small bar (where required), an on premisesrelating to a restaurant that includes an application for a primary serviceauthorisation, an on premises licence relating to a karaoke bar, a cateringservice or a vessel, and an application for a producer/wholesaler licencethat includes an application for a drink on premises authorisation.(3)The Community Impact Statement provides the Authority with information aboutthe views of relevant stakeholders and other aspects of the local community inwhich the proposed licensed premises is to be located. This includes, forexample, the proximity of the licensed premises to hospitals or health facilities,nursing homes, schools and places of worship.(4)Local and Broader Community - for the purposes of this decision, the delegate issatisfied that the relevant “local community” is the community within the suburb ofPaddington, and the “broader community” of Woollahra Municipal Council LGAand the State of NSW.5. Analysis of Submissions and other Materials(1)Having reviewed all of the material, I am satisfied that this application for an OnPremises Liquor Licence with Catering Service and Sale on Other Premises isPage 4 of 7

unlikely to result in any significant increase in alcohol-related harms in either thelocal or broader community.(2)The applicant typically caters for tennis matches and casual tennis at existingtennis venues.(3)The applicant has adjusted his Plan of Management to address police concernsregarding the boundary of the licensed area, noise and the secondary supply ofalcohol to minors.(4)Food will always be available when liquor is being served(5)The proposed licensed area is a home office that serves as the business’administrative base. Functions and events will not be held there and liquor willnot be stored or consumed at the licensed premises.(6)I am satisfied that development consent is not required to permit the proposedactivity.(7)I am satisfied that the applicant has provided consent to imposing the conditionscontained in the licence document.(8)I am satisfied that the statutory advertising requirements have been met.(9)I am satisfied that the proposed licensee has completed the relevantlicensee/approved manager tiered industry training as per legislativerequirements6. Overall social impact(1)Positive benefitsThe granting of the licence will enable a catering service to supplement andenhance the services offered, and aid in promoting a healthy, outdoor sportingactivity.(2)Negative impactsThe nature of the licence sought means that there are unlikely to be any amenityimpacts on the local community.7. Conclusion(1)I am satisfied that procedural fairness was afforded to the applicant andinterested parties regarding the decision whether or not to grant the application,as all of those required to be notified of the application were provided with theopportunity to make written submissions and all submissions received wereconsidered and helped inform this decision.Page 5 of 7

(2)In accordance with section 45(3)(a) of the Act I am satisfied that the proposedlicensee is a fit and proper person to carry on the business or activity to which theproposed licence relates.(3)Having considered the venue management plan and related material, undersection 45(3)(b) of the Act, I am satisfied that practices will be in place at thepremises as soon as the licence is granted that ensure, as far as reasonablypracticable, that all reasonable steps are taken to prevent intoxication on thepremises, and that those practices will remain in place.(4)Consistent with section 45(3)(c) of the Act requiring development consent fromthe local council, I am satisfied that the required development consent orapproval is in force.(5)In making this decision under delegation from of the Authority, all statutoryobjects and considerations prescribed by section 3 of the Act were consideredand accordingly, I have determined to grant the liquor licence application withconditions.Decision Date: 23 October 2020Nicola TaylorManager (Business Licensing)Liquor & Gaming NSWDelegate of the Independent Liquor & Gaming AuthorityImportant Information:In accordance with Clause 5 of the Gaming and Liquor Administration Regulation 2008, this decisionis reviewable by ILGA.The licence applicant and persons who were required to be notified of the application and who madea submission can apply for an application for review. An application for a review must be lodged withILGA within 28 days of the date of the publication of this decision. An application fee applies. Fororiginal applicants, the review application fee is the same as the initial application fee. For non-originalapplicants, the application fee is 100.For ILGA reviews of delegated decisions, make an application for review via the Liquor and GamingApplication Noticeboard at: c-Page 6 of 7

-application-noticeboard.aspx. The ReviewApplication form can be accessed on line via the Application Number hyperlink.Further information can be obtained from the Reviews page on the Liquor & Gaming website ws-of-liquor-and-gaming-decisions.aspxPage 7 of 7

2007, a designated Public Service employee or other Public Service employee of Liquor & Gaming NSW in the Department of stry, has Indu decided to grant the application for an On Premises Liquor Licence with Catering Service and Sale on Other Premises , application number APP-0007434842.