Pittwater Online News

100 Metres From Your Front Door: The Loophole Trying to Silence a Whole Community 

Regulator challenges residents' standing on the eve of NCAT liquor licence hearing

Just how far does the impact of a bottle shop really travel? According to a last-minute legal move, apparently no further than 100 metres.

The Careel Bay Residents Association and Palm Beach and Whale Beach Residents Association say it's now facing exactly that hurdle in its NCAT appeal against a packaged liquor licence — after being contacted at the 11th hour, by a lawyer for the regulator.

On Friday 17 July, all co-applicants in the appeal heard from the Senior Solicitor at the Crown Solicitor's Office, understood to be representing the Authority. The message: under the Liquor Act, the group's application has hit a technical snag, because none of the current co-applicants live within 100 metres of the proposed site — a requirement under section 13A(5) of the Liquor Act.

"This is a setback to our application for a review of the NSW Liquor & Gaming’s decision," say both Association's Representatives. "We represent the community and the residents near this packaged liquor outlet, and we don't think a 100-metre line tells the whole story. A takeaway liquor licence like this affects far more than the street it sits on — it's a matter for the whole community."

The Associations point out that NSW Health's own submission opposing the licence backs up this view — takeaway alcohol doesn't stay within 100 metres. It moves into the wider community, and so do its effects.

"We think most reasonable people would see it the same way," say the Associations.

"There's a clause in the Liquor Act that seems to be getting used to shut people out — one that stops the wider community from having a real say in how a packaged liquor outlet affects their neighbourhood."

There's an irony here, the Associations say: the Liquor and Gaming Authority is meant to weigh up community safety and amenity before granting a licence in the first place.

That's exactly why the group is appealing to the NSW Civil and Administrative Tribunal (NCAT) — arguing the Authority's decision wasn't the right one, and that it falls short of what the Liquor Act 2007 (NSW) requires, particularly sections 3 and 48.

"Our community doesn't stop at the 100-metre mark — and neither does a slab of beer," the Associations say. 

"Everyone knows the sale and consumption of alcohol reaches well beyond the boundary of the 1–3 Careel Head Rd site."

In fact, those who live 101 metres north or south of the site, and who can see 1-3 Careel Head road from their homes, were only informed through taking their dogs walking past the house at 3 Careel Head road where a sign had been placed on the fence in mid-December.

'Public Consultation' sign on wire fence of 3 Careel Head road - mid December 2025

CBRA - PBWBA Request for Community Input

Both Associations want to hear from those who live within 100 metres who did make a submission to the ILGA to contact them.

They also want to hear from those who live within 100 metres of the site and did not receive the notification to contact them as well.

As the Careel Bay Residents Association and Palm Beach and Whale Beach Residents Association have a Tribunal Hearing on August 4 2026 which will decided whether the community may have a say, they are also asking any Solicitor or anyone who knows or can recommend one with relevant experience in liquor licensing or NCAT appeals to contact them

The Careel Bay Residents Association and Palm Beach and Whale Beach Residents Association have also mooted launching a GoFundMe page to meet the expenses of defending the community once a Solicitor has been engaged.

Contact via email: sogni@optusnet.com.au

What residents and authorities are saying:

• Already oversupplied.

Local resident Karen Young points to the Pittwater Peninsula already being comprehensively serviced by packaged liquor outlets. Residents currently have access to multiple bottle shops, licensed clubs, hotels and a large Dan Murphy's store at Mona Vale. There is a substantial existing concentration of alcohol retail and licensed premises in the immediate vicinity of the proposed outlet. Avalon Beach has five existing bottle shops. No community need has been demonstrated for a sixth.

• Children at risk.

Another nearby resident and teacher of over 40 years highlights that ‘the co-location of a Dan Murphy's packaged liquor outlet and a childcare centre conflict with NSW planning policy designed to protect children's health, safety, and security. Having a large liquor outlet operating alongside a childcare centre sends the wrong message.

• A health district warning ignored.

Northern Sydney Local Health District flagged that alcohol-related hospitalisations on the northern beaches run 65% above the NSW average. Emergency department alcohol presentations are 59% above the state rate. A large discount liquor outlet will make this worse.

• Validity of Licence

Northern Beaches Council objected to the issue of the liquor licence. Council raised concerns the liquor licence was issued based on incorrect plans, despite Council identifying the error. Confirmation has been requested concerning the position of Liquor and Gaming NSW concerning the validity of the Licence.

• Wrong street, wrong traffic.

Nearby resident, Dr Helen Dauncey, expressed concern saying that, ‘operating the site requires diverting vehicles from a main road into a narrow residential street used daily by families and children. This is a quiet street where kids ride bikes and families walk every day. Redirecting traffic here fundamentally changes its safety and character."

200 submissions. Overruled.

The Careel Bay Residents Association points out that despite overwhelming community opposition, "convenience and choice" was given greater weight than harm minimisation and statutory protections under the Liquor Act 2007.

The Association explains, "this isn't about opposing business — it's about ensuring developments don't come at the expense of community safety and wellbeing.

In ''Community impact on liquor licensing decisions: Barriers and recommendations - Report prepared for the Australian National Advisory Council on Alcohol and Other Drugs, 2016 '' it is stated:

'Applicants must engage in some kind of community consultation for all new licence applications11, with the exact requirements depending on the type of licence or application.

Mandatory advertising of applications involves a visible notice of the application being affixed to the outside of the proposed premises12, and informing neighbouring premises13 (which includes premises within 50 or 100 metres of the proposed venue - depending on licence type, or buildings on adjoining land/land that would adjoin if not for a road)14. Local police, the local council and any neighbouring local council within 500 metres, amongst others specific to the application/deemed by ILGA15, must also be informed. These notices must be given within two working days of the application being made16.

Almost all applications for new licences require a Community Impact Statement (CIS) to be prepared and submitted by the applicant17. This process involves obtaining contributions from relevant stakeholders to inform ILGA about the harms the new licence may pose to the community before they make their decision, and documents how applicants have responded to stakeholder concerns18.

Special interest stakeholders that may be identified by ILGA can include anyone that will be likely to be affected by the new licence (e.g., schools, different cultural/socio-economic groups, or facilities for homeless/hospitals/elderly). If a group or individual is identified as being of special interest in the case, they must be notified of the licence application and given the opportunity to be consulted20.

As ILGA can only approve the application if the impact of the licence will not be harmful to the community (overall social impact), applicants must respond to stakeholder feedback and resolve any issues that arise. This might take the form of holding further consultation such as face-to-face or public meetings21.

Make a submission (object) in response to an application

All licence applications are displayed on the Liquor and Gaming NSW Application Noticeboard. Any member of the public can search for licence applications and their status, and make submissions in response to applications that are in an eligible stage of processing.

There is a 30 day period from when the application was made for submissions to be lodged (sometimes less in certain cases)22. All submissions must be taken into consideration by ILGA when making their decision23.

Importantly, unlike in most other jurisdictions, there are no restrictions on the grounds on which submissions can be based.

Request a review of a decision

Initial decisions on applications are made by Liquor and Gaming NSW (when delegated by ILGA) or by ILGA themselves.

If the initial decision was made by Liquor and Gaming NSW, an application for review must be submitted to ILGA. If the initial decision was made by ILGA, then an application for review must be lodged with the NSW Civil and Administrative Tribunal (NCAT). If a member of the public wants to request a review, they need to reside within 50 or 100 metres of the proposed premises (depending on the type of license) and have made a submission prior to the initial decision in question24. Otherwise, no right to request a review exists. This geographic constraint is a recent change to the legislation, added in 2015. However, other stakeholders (such as local police) who were consulted as part of the CIS do not have the same geographic constraints. Applications must also be made within 28 days of the initial decision25. 

11 https://www.liquorandgaming.justice.nsw.gov.au/Pages/liquor/community-involvement/communityconsultation.aspx. 

12 Regulation 9 Liquor Regulation 2008 (LR) (New South Wales). 

13 Regulation 7 LR. 

14 Regulation 6 LR. 

15 Regulation 8 LR. 

16 Regulations 7, 8 and 9 LR. 

17 Section 48 LA. 

18 https://www.liquorandgaming.justice.nsw.gov.au/Pages/liquor/community-involvement/community-impactstatements.aspx; https://www.liquorandgaming.justice.nsw.gov.au/Documents/liquor/communityaction/category-b-CIS-form.pdf. 

19 Regulation 11 LR. 

20 https://www.liquorandgaming.justice.nsw.gov.au/Documents/liquor/communityaction/CIS%20how%20to%20Category%20B.pdf. 

21 https://www.liquorandgaming.justice.nsw.gov.au/Documents/liquor/communityaction/CIS%20how%20to%20Category%20B.pdf. 

22 Regulation 12 LR. 

23 Section 44 LA

24 Section 36A(2A)(b) Gaming and Liquor Administration Act 2007 (GLAA) (New South Wales). 

25 Regulation 5(a) Gaming and Liquor Administration Regulation 2016 (GLAR) (New South Wales). 

26 Liquor and Gaming NSW 2016, Community Access

Careel Bay Residents Association and Palm Beach and Whale Beach Residents Association - some of whom live 101 metres away

• Community News Notice of Liquor Licence Application - December 2025
• 491 square Metre Liquor shop at Careel Bay Shops Approved: NCAT Review Request May be lodged by Community - May 2026
• Pittwater Residents Challenge Dan Murphy's Liquor Licence for Careel Bay Shops Site - July 2026