(iii) the hours between 12 noon and 11 p.m. on ANZAC Day.

1. In his submission to the Tribunal, Mr Bartley states that:

The 'ordinary trading hours' are longer than the current opening hours of the supermarket. The current opening hours of the supermarket are generally 7:30 AM a.m. to 6:30 PM (however, this varies from time to time).

As part of the revamping the supermarket, it is intended that the opening hours of the supermarket will initially be extended until approximately 8 PM in the evenings. However, the opening hours of the supermarket may subsequently be reconsidered by the applicant based on the performance of the supermarket.

1. Council's submission, reflected in the 'without prejudice' Draft Permit Conditions provided to the parties prior to the Hearing, refer to a closing time every day of 8 PM and no sale of liquor to occur on Good Friday and Christmas Day.
2. Taking into consideration the Mackie Road location, the local nature of the shopping strip, and the proximity to residential areas, I find there are sufficient reasons to restrict the ordinary hours, particularly as the selling environment of the proposed package liquor license is a local shopping centre with mostly day time trading. On the other hand, the subject site is an existing supermarket, where hours of operation are commonly extended due to the range of goods offered and for the convenience of customers.
3. On balance, I find it reasonable to adopt the ordinary trading hours set out for packaged liquor sales in the Act, but reduced to a closing time of 10 PM each day, excluding Good Friday and Christmas Day. These hours are reflected in the permit conditions appended to my order.

1. The term 'patrons' in the context of the decision guidelines for Licensed Premises at Clause 52.27 of the planning scheme is traditionally associated with an inn, but in a contemporary context, refers to businesses where liquor (and food) is consumed on the premises (e.g. an hotel, bar or restaurant).
2. The proposal in this proceeding concerns the sale of packaged liquor to supermarket customers, purchased in the same way as other supermarket items. Given the existing attraction of the supermarket, the presence within the shopping centre on another packaged liquor outlet and the size of the proposed sales area, I find the number of additional customers drawn specifically to the supermarket for the purchase of packaged liquor items is unlikely to result in a dramatic increase in the number of visitors to the shopping centre.

Cumulative impact of existing licensed premises

1. The submission from Council suggests that in relation to Practice Note 61, Licensed Premises: Assessing Cumulative Impact;

..the guidelines are considered useful to the consideration of the proposal.

According to the Practice Note, 'Cumulative Impact' refers to both positive and negative impacts that can result from the clustering of licensed premises. It is a product of the number and type venues present, the way they are managed, and the capacity of the local area to accommodate these venues.

The guidelines may be used for any planning application that would benefit from the used; however, they should be used for all applications for a new or expanded license premises that;

1. will be licensed and open after 11 PM; and
2. is in an area where there is a cluster of licensed premises.
3. In view of the facts that within 500 metres of the subject site, there are four licensed premises, consisting of three local sporting a recreation clubs and the existing bottle shop within the shopping centre, I cannot conclude that approval of the proposed packaged liquor license is likely to attract a significant increase in the number of people visiting the area late at night. Nor do I consider, as the Council suggests:

The additional availability of packaged liquor may give rise to antisocial behaviour.

1. I find consideration of the cumulative impact of licensed premises is not a matter of significance in this application.

1. In deciding the conditions to be included on the permit the Tribunal has had regard to the draft conditions provided to the Tribunal by the responsible authority and the submissions of the parties, in addition to the matters which arise from these reasons.
2. Council's draft conditions include a requirement at Condition 1 for amended plans;

...drawn to scale with dimensions and must generally accord with the plans submitted with the application .. but modified to show the site in its entirety, dimensioned and to scale clearly delineating the uses on the land.

1. I consider the information shown on the plans considered at the hearing meets the above requirement. I have therefore deleted Condition 1 from the permit.
2. I also agree with the permit applicant that Condition 3, dealing with loading and unloading of goods, is unnecessary. This condition appears to have been included as a 'standard' condition, however, my inspection confirms that the present loading and unloading arrangements are acceptable.

1. For the reasons explained above, the decision of the Responsible Authority is set aside. A permit is issued subject to conditions.

Although my order does not include the 'Notes' suggested by the Council, such advisory information may be included in the permit that the Council is directed to issue.

The use of the land to sell packaged liquor for consumption off the premises (bottle shop) in association with the existing use (supermarket) in accordance with the endorsed plans.

1. The layout of the liquor trade area and liquor storage area as shown on the endorse plans must not be altered without the prior written consent of the responsible authority. This does not apply to the exemptions specified in Clause 62 of the Glenn Eira Planning Scheme.
2. Liquor may only be sold between the following hours:
   • The hours between 9 AM to 10 PM each day, other than Sunday, Good Friday, ANZAC Day or Christmas day; and
   • The hours between 10 AM and 10 PM on Sunday; and
   • The hours between 12 noon and 10 PM on ANZAC Day.
   • No sale of liquor to occur on Good Friday and Christmas Day.

1. This permit will expire if one of the following circumstances applies:
   • (a) The development is not started within two years of the issued date of this permit.
   • (b) The development is not completed within four years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] I have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.