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austlii:sa/SALC/1996/9
appellant. Application granted. General Facility Licence issued to allow provision of cocktails for receptions at the premises.
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The Licensing Court granted a licence allowing Effie's Cocktail Magic to serve alcohol at private and corporate functions. The Court ruled that these events qualified as 'receptions' under the Liquor Licensing Act because the alcohol (cocktails) was secondary to the main social purpose of the gatherings. The presence of food was noted as a useful sign that an event is a genuine reception rather than just a drinking party. The Court emphasised that the law targets social gatherings where alcohol is an 'adjunct' or addition to the event, not its main purpose.
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IN THE MATTER of the Liquor Licensing Act, 1985
IN THE MATTER of an application for a General Facility Licence by Effram and Erica Azzopardi in respect of premises situate at 36 Salvadore Street, Flagstaff Hill and known as EFFIE'S COCKTAIL MAGIC.
This applicant seeks a General Facility Licence to allow him to provide cocktails for receptions within the meaning of Section 44(1)(b) of the Liquor Licensing Act. Clearly the legislation with its definition of "reception" is directed towards the supply of alcohol at social gatherings not entirely or predominantly set up for the purpose of consumption of alcohol. Alcohol is there simply as an adjunct to the purpose of the gathering. The provision of food is a helpful indicator as to whether the gathering is simply a "boozeup" or a genuine reception.
Here I have no doubt that the functions both private and corporate which this applicant intends to provide for will be genuine receptions within the terms of the legislation. Cocktails are there simply as an adjunct making the function a more attractive, pleasant and complete occasion than it might otherwise be.
I have given consideration to all those matters required of me under Section 44 generally and I have no hesitation in granting the application.
Application granted. General Facility Licence issued to allow provision of cocktails for receptions at the premises.