Monash CC v L'Unico Pty Ltd
[2013] VCAT 1545
At a glance
Source factsCourt
Victorian Civil and Administrative Tribunal
Decision date
2013-09-04
Source
Original judgment source is linked above.
Judgment (28 paragraphs)
- For the reasons set out above, we have approved the proposal and made orders allowing the venue to operate with 35 gaming machines, subject to the final version of the gaming conditions set out in the Appendix to this order.
- For the removal of any doubt, where the Castlemaine decision confirmed that the Tribunal has a residual discretion (above and beyond the 'no net detriment' test) whether or not to approve the proposal, we see no reason to vary our basic findings. In particular, for the purposes of this discretion, we do not see the proposal as having any particular implications for other gaming venues in the same general region but located in other municipalities.
- If the works to L'Unico Hotel, Clayton Road, Clayton (the Premises) as depicted on the plans endorsed pursuant to planning permit 40027 as issued by Monash City Council as amended pursuant to said plan Revision D dated 7 June 2013 (the Works) are not substantially completed by 16 August 2015 (or such later date as agreed to in writing by the Victorian Commission for Gambling and Liquor Regulation (the Commission), this approval will lapse and the maximum number of electronic gaming machines (EGMs) that may be operated at the Premises will revert to 28. Once the venue operator believes that it has complied with this "substantially complete by 16 August 2015' requirement (or any later date approved by the Commission), it must immediately confirm this in writing to the Commission.