If an applicant before the NSW Independent Liquor & Gaming Authority (the Authority) is dissatisfied with the outcome of their application before the Authority, then in some circumstances the applicant can appeal that decision to the NSW Civil and Administrative Tribunal (NCAT).
The NCAT appeal must be made within 28 days of the notice of the decision of the Authority being published on the website of the Department of Industry.
The nature of the NCAT hearing is ‘de novo’ meaning the NCAT Member will consider all evidence before it afresh, at the date of the decision. Importantly, there is no bearing on either party to prove the prior decision of the Authority was correct or incorrect.
Rather, it is the NCAT Member’s job to decide the outcome, on the balance of probabilities, in exercising the decision-making power of the original decision maker.
Furthermore, there is no presumption nor any additional weight which will be given to the original decision of the Authority, meaning the NCAT hearing is determined and finalised based on the evidence before it and only this evidence. A hearing of this nature can work either in favour or against a party, depending on the circumstances and nature of the hearing.
Back Schwartz Vaughan Lawyers are at the forefront of liquor licensing law in NSW and have the qualifications and reputation in advising on and acting in NCAT appeals.