Hindley Street venue tests lockout code in court

The early-hours lockout for patrons of hotels and clubs hurts the right of venues to trade, the Full Court of the South Australian Supreme Court has heard.

Barrister Dick Whitington has argued in court on behalf of the owner of The Palace nightclub in Hindley Street in Adelaide.

He has told the hearing the Liquor Licensing Act infers a "right to trade" which has been "radically altered" by the SA Government's Late Night Trading Code of Practice, introduced last month.

It stops new customers entering venues after 3:00am even if they are still trading.

Mr Whitington has suggested the right to serve alcohol could be made so difficult that there really is no right at all.

"You can always create a facade or a charade that the right is being attended to, but you can make the right so difficult to application that there really is no right at all," he told the court.

"The licence does infer a right to be open to the public and to sell or offer, for sale, liquor."

The case is being heard by South Australian Chief Justice Chris Kourakis and Justices Malcolm Blue and Tim Stanley.

Another venue the Woolshed hotel in Hindley Street withdrew from proceedings, saying it could not afford to keep fighting the lockout code.

Woolshed majority owner John Meek said the lockout regulations were costing the hotel more than $10,000 per week.

Source: ABC News, 27 November 2013