After nearly six months of waiting for a firm decision by the court, Jacques Scott’s managing director Peter Dutton seemed content with the chief justice’s direction to the LLB to not consider any new evidence.
“I’m very grateful for the judge’s decision,” he said.
Chief Justice Smellie said the ruling was either a matter that was still at large or a special direction to the LLB from Mr. Smellie as to how to proceed.
It turned out to be the latter.
Jacques Scott Group Ltd. has proposed building a $3 million retail area adjacent to Foster’s Supermarket on West Bay Road.
The store, which would sell fine wines, spirits and housewares, was proposed as the anchor tenant for the shopping centre.
Jacques Scott’s application for a liquor license transfer was originally turned down by the board.
Chief Justice Smellie said that the absence of an objection from the planning department was a major reason in his ruling.
Justice Smellie also said that there was no proof that the public would not benefit from an additional liquor store in West Bay, and that there wouldn’t necessarily be a higher propensity of public order assumed if Jacques Scott built in the area.
Justice Smellie said that it was not appropriate grounds for the Liquor Licensing Board to refuse Jacques Scott’s application.