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Licensing and hospitality

As liquor licensing, gaming and late night trading have become more contentious in recent years, the overlap between licensing matters and the need for local council planning approvals  - often via the Land and Environment Court - has increased.  Certainly local residents, businesses, councils, trade competitors and other stakeholders are being more proactive in ensuring that strict conditions of development consent are imposed and enforced, often impacting greatly on the commercial viability of licensed premises.
Proven industry expertise
When advising clients, our lawyers work side-by-side with them to scope all new matters.  We always take into consideration the expectations of stakeholders, and developing strategies to respond to them and, where appropriate, to fight aggressively for reasonable commercial outcomes.
Consequently, our lawyers are adept at sensitively balancing stakeholders’ differing concerns while fully pursuing our clients’ interests.  We also work frequently with many of the best specialist hospitality consultants in the country (planning and social impact consultants) to assist in delivering results for our clients.
As a result, the team has gained significant experience across New South Wales in the range of liquor licensing and related matters, from the acquisition and disposal of licensed hotels and other premises to new license applications.  Extensively, we have represented our clients in Land and Environment court proceedings against local councils or resident groups who may be seeking to restrict or limit the operations of our clients.
Experience
  • Acting for the owners and operators of hospitality businesses providing business advice, advocacy in commercial and licensing litigation, acting on conveyances of licenses, property and businesses (freehold and leasehold) and in all aspects of planning approvals and licensing approvals
  • Advising major owners and businesses operating licensed premises, including major operators such as Star City at Pyrmont, the Australian Hotels Association (AHA) and Diageo
  • Advising and acting for five major licensed premises in highly publicised Supreme Court proceedings in December 2008 challenging the state government’s proposal to impose new regulations restricting the operations of 50 targeted hotels in NSW
  • Acting for operators of licensed premises in Land and Environment Court and Local Court proceedings, and applications before the Office of Liquor, Gaming and Racing, including Star City at Pyrmont, the Oaks Hotel at Neutral Bay, the Bourbon at Kings Cross, the Trademark Hotel and Piano Room at Kings Cross, Ladylux nightclub at Potts Point, Favela Nightclub at Kings Cross, the T2 Hotel at Taylor Square, the Beresford Hotel in Surry Hills, the Buena Vista Hotel at Mosman, the Dolphin Hotel at Surry Hills, the Ivanhoe Hotel at Manly, the Shore Club at Manly, Fusion Nightclub at Cronulla, the Victoria Room at Darlinghurst, the Universale Hotel at Leichhardt, the Winston Hills Hotel, the Strawberry Hills Hotel, the Courthouse Hotel at Darlinghurst, the Ambarvale Hotel, the Evening Star Hotel and others
  • Advising licensed premises regarding alleged breaches of conditions of development consent, noise complaints and the like, making representations to, and negotiating with, councils in relation to those matters
  • Acting for the owners of major CBD properties and Sydney Metropolitan retail, commercial and hospitality portfolios including the Wentworth Hotel, Mid City Centre and STA, in relation to leasing, conveyances, commercial transactions and disputes, Licensing Court, Land & Environment Court and superior court litigation.
Key contacts

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