Bar to expand on planning appeal win
A Brisbane bar has had a big win against the Commissioner for Liquor and Gaming, getting a decision refusing its application for a hotel licence overturned.
Saccharomyces Beer Cafe in Fish Lane put in an application for a hotel licence which was overturned on the grounds that it did not meet the requirements for that type of licence.
Instead it was granted a bar licence.
That decision hurt because the bar licence only allows up to 60 patrons at any one time when the venue specialising in boutique craft beers has a capacity of holding about 90 patrons.
So the owners of the bar appealed the decision in the Queensland Civil and Administrative Tribunal.
Tribunal member Michelle Howard disagreed with the findings of the Commissioner for Liquor and Gaming.
She found that the Liquor Act did not actually specify the size of functions required to be eligible for a hotel licence.
Point one.
Secondly, she found that imposing a condition that a function room needed to seat a specific number of people, or have a minimum room area specification, was inconsistent with the flexibility intended by the Liquor Act which she said was about promoting optimum development of the tourist, liquor and hospitality sectors.
And while the Commissioner said the room was not of optimum quality, Ms Howard said the small, causal-style function room was suitable for modestly sized boutique premises which the owners intended the place to be.
The difference between a hotel licence and a bar licence will have a significant impact on the Saccharomyces Beer Café.
It means they can now sell liquor for consumption both on and off the premises.
As part of the arrangements, the bar needs to surrender the bar licence and operate under the hotel licence, adhering to conditions pertaining to some noise restrictions and when liquor can be sold for off-site consumption.
by Leon Gettler, April 26th 2016
