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NSW Independent Liquor & Gaming Authority
NSW Independent
Liquor & Gaming Authority

Review decisions

Secretary decisions

ILGA can review certain decisions made by the Secretary under the gaming and liquor legislation and the Music Festivals Act 2019. Decisions made by the Secretary that can be reviewed by ILGA include:

  • the imposition, variation or revocation of a licence condition
  • determination of a noise disturbance complaint
  • an improvement notice relating to licensed premises
  • an order restricting or prohibiting the sale or supply of undesirable liquor products
  • an order restricting or prohibiting the undesirable promotion of liquor
  • an order restricting or prohibiting certain activities that encourage the misuse of liquor
  • a direction given to a club in relation to a proposed loan or management contract, and
  • a determination that a music festival requires an agreed health and medical plan (HMP).

If affected parties are aggrieved by a Secretary decision, a review by ILGA can be requested. Submit an Application to review a decision made by the Secretary, Liquor & Gaming NSW to apply for a review.

If you wish to appeal against a Secretary decision that your music festival requires an agreed health and medical plan (HMP), you may lodge an appeal with ILGA by emailing office@ilga.nsw.gov.au. The appeal request must be submitted no later than 14 days after the Liquor & Gaming NSW music festivals team notifies you that an agreed HMP is required.

 

Delegated decisions

Certain ILGA decisions made under delegation by senior staff in Liquor & Gaming NSW can be subject to a merits review by ILGA. Delegated decisions reviewable by ILGA are an application for the grant or removal of:

  • a small bar licence
  • a producer/wholesaler licence that includes an application for a drink on-premises authorisation
  • a packaged liquor licence (limited to the sale of liquor by telephone, online and other remote means)
  • an on-premises licence relating to a:

           - restaurant with a primary service authorisation

           - karaoke bar

           - catering service

           - vessel.

The Regulation also enables delegated decisions in relation to an application for extended trading for the above licences to permit the sale of liquor after midnight to be reviewed by ILGA.

A $100 fee applies to any other person who has standing to seek a review of a prescribed delegated decision. Under the Gaming and Liquor Administration Act 2007, standing is limited to those persons required to be notified of the application and who made a submission in relation to the application.

If you made a submission and were required to be notified of the original application you can make an application for review. These must generally be made within 28 days of the decision being published.

Check the Liquor & Gaming Application Noticeboard for review period close dates specific to the individual application.

 

Apply to review a delegated decision

To make a review application, download the application form: Review of delegated ILGA decisions made by L&GNSW.

Review decisions made by ILGA

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Decisions since 2022 are displayed.  No decisions were published in 2023.  Please email us about accessing older decisions.

NCAT decisions

An application for a merits review of certain contentious decisions made by ILGA can be made to the New South Wales Civil and Administrative Tribunal (NCAT). ILGA decisions that are reviewable by NCAT are:

  • a grant or removal of a hotel licence
  • a grant or removal of a club licence
  • a grant or removal of an on premises licence relating to a public entertainment venue (other than a cinema or theatre) e.g., a nightclub
  • a grant or removal of a packaged liquor licence, other than a licence limited to sales made through the internet, telephone and other remote means
  • an application for extended trading in relation to the above licences that permits the sale of liquor after midnight
  • an application to vary or revoke a licence condition in relation to the above licences to permit the sale of liquor after midnight
  • a gaming machine threshold application that relates to a class 1 or class 2 local impact assessment
  • a licensing application which has been delegated by ILGA to be determined by Liquor & Gaming NSW, but that delegation has not been exercised.
  • a decision to take remedial action in relation to a person or licence regarding the Demerit Points Scheme
  • a decision to refuse to remove demerit points previously imposed
  • a long-term banning order
  • disciplinary action taken by the Authority in relation to a complaint

For reviewable licensing decisions, check the Liquor & Gaming Application Noticeboard for review period close dates.

Court and tribunal decisions published on NSW Caselaw

NSW Civil and Administrative Tribunal (NCAT) decisions
Supreme Court of New South Wales decisions
New South Wales Court of Appeal decisions

 

Decisions since 2023 are displayed.  Visit NSW Caselaw to access older decisions.