COOCHIE LIQUOR RAISED IN PARLIAMENT
On Wednesday 4th June 2008 at 11.36am our State Member for Redlands, Mr. John English, presented a Private Member’s Statement to the Queensland Parliament.
The following was delivered verbally in the allowed time of two minutes and is quoted here from Hansard:-
State Member for Redlands, Mr John English, as recorded in Hansard:
“Since I was elected in 2001 there have been two applications to open a tavern on Coochiemudlo Island. Coochiemudlo Island is a very small Island in southern Moreton Bay with about 500 people living there. On both of these occasions, Liquor Licensing has rejected the application following complaints from local residents, the broader Coochiemudlo Island community and even the local Catholic Priest, Father Leo Burke. The concerns were generally based around very practical issues such as narrow roads with no formed footpaths, no street lighting, ferries finishing service prior to the closure of the tavern, limited accommodation on the Island and residential houses only 20 or so metres from the site.
Following the second rejection, the applicant appealed the decision to the Commercial and Consumer Tribunal. Liquor Licensing fought the appeal. However, the C.C.T. subsequently granted the licence. I know that my community appreciates the work done by the Liquor Licensing Division. I have advised my community that there are no legal options to change this decision. I urge the applicant to run the tavern in a responsible manner, with due regard to the local residents.
I must say, however, that I and many in the Coochiemudlo Island community have serious concerns about the performance of the C.C.T. Many people signed a petition and wrote letters which were provided to Liquor Licensing. Liquor Licensing subsequently provided all of this information to the C.C.T. I must say that I am very disappointed that the C.C.T. did not then contact all the objectors and alert them to the appeal. The C.C.T. did send the principal petitioner, Mr Bruce Green, a letter, and I now table a copy of the letter.
Tabled paper: Letter dated 6th November 2007 from Nev. Schefe, Director Commercial and Consumer Tribunal to objectors relating to a review of the chief executive’s decision in relation to the granting of a general licence for Bayview on Coochie,.
This letter, whilst being accurate, is also, in my opinion, misleading. The letter states:- The Liquor Act does not entitle you to be heard at the review……
Whilst this is technically correct, the C.C.T. failed to advise that section 53 of the CCT Act does, in fact, allow third parties to be joined as a party to the proceedings, thus enabling them to be heard. I believe that the C.C.T. was extremely negligent in not honestly and openly engaging with the community, and I feel that the C.C.T. has an inherent bias towards business.
In light of the current review of liquor laws and the C.C.T. itself, I have written to the Treasurer and requested that the concept of ‘harm minimisation’ take a higher priority in the decision-making process of the C.C.T.
I would like to congratulate Bruce Green and Father Leo Burke for their work in taking up the fight.”
Thank you John!!
THE LETTER TO OBJECTORS which was tabled is quoted below – this letter could or should have been received by ALL written objectors.
“6th November 2007 – LETTER TO OBJECTORS – Dear Sir/Madam,
The Commercial and Consumer Tribunal hears applications to review a decision by the Chief Executive in relation to the matters set out in section 21(1) OF THE Liquor Act 1992.
Section 33 (2) of the Liquor Act requires the Director of the CCT to give to each of the persons who have made an application, submission or objection in the proceeding the subject of the review, written notice that a review has started.
The purpose of this notice is to inform you that a review of the Chief Executive’s decision in relation to the granting of a GENERAL LICENCE FOR BAYVIEW ON COOCHIE has been started.
Section 34 (3) of the Liquor Act also requires that as far as is practicable, the Director provides you with WRITTEN NOTICE OF THE HEARING AT LEAST THREE DAYS before the start of the hearing. You will receive that notice from the Registry once a hearing date is allocated. Before the hearing, the Tribunal may hold directions hearings, which may last for up to 30 minutes and are FOR THE PARTIES ONLY, to assist them to prepare for the hearing. You will not be notified of directions hearings, ONLY THE HEARING ITSELF.
The Liquor Act does NOT ENTITLE YOU to be HEARD at the review application. However Tribunal hearings ARE HELD IN PUBLIC and you MAY ATTEND the hearing if you wish.
For your information, the Tribunal must make its determination based on the evidence that was before the Chief Executive when the decision was made. The Tribunal’s decision in relation to the review application will be posted to its website as soon as possible after the hearing. Yours faithfully ..(signed) Nev Schefe, Director CCT.” (the Bugle has taken the liberty of capitalising some points – B.)
Referring to para 3 – the Principal Petitioner received no such notice and would be interested to hear from any objectors who may have done and still have a copy of same.
THE HEARING DATE WAS THE 11TH FEBRUARY 2008.
It could be reasonably assumed that had we been advised of the hearing date and been aware that we COULD HAVE applied to be a “third party” to the CCT hearing, that there could have been a different outcome.
To quote from the COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003 Sect. 53 (in part):
“INCLUSION OF PARTIES
For a proceeding, the tribunal may order that a person be included as a party to the proceeding if the tribunal considers that –
1-(b) the person’s interests are affected by the proceeding
2 the tribunal may make an order under subsection (1) on the application of a party or on its own initiative.”
This section would appear to have been in force since its’ inception in 2003.
H O W E V E R
An extract from Body Corporate and Community Management and Other Legislation Amendment Act 2007 ( No.11)
Amendment of Liquor Act 1992 Section 35
Tribunal may give leave for appeal to be based on new evidence in particular circumstances
(2) The tribunal may grant a party in a proceeding for an appeal against a decision of the chief executive (the decision) leave to present new evidence if the tribunal is satisfied-
(a) the party did not know and could not reasonably be expected to have known of the existence of the new evidence before the decision; and
(b) in the circumstances it would be unfair not to allow the party to present the new evidence.
(3) In this section – NEW EVIDENCE – means evidence that was not before the chief executive when the decision was made’ – end quote.
Incidentally, the original S35 and S35a and S36 were omitted from the LIQUOR ACT(1992) in year 2003 (No. 30s 169 sch1) – the same year as the CCT Act commenced.
To sum up (phew!) the letter from CCT to objectors told us that the Liquor Act did NOT entitle objectors to be heard at the Review Application but they omitted to tell us that their own (CCT Act Sec.53) DID entitle us to apply to be included.
NO!!! it was NOT Confucius who said ‘THE LAW IS AN ASS!!!”
VALE LEONARD JOHN (MAX) LEWIS
A solemn group of family and friends attended Max’s funeral service at the Mt. Thompson Crematorium at 11am on the 26th May. The service was arranged by Gail Webb and the Celebrant was Heather McLennan. His Niece, Debbie – from Melbourne delivered the Eulogy and his devoted Daughter Michelle and Debbie, spoke on behalf of the Family. An R.S.L. segment was included and his (Korean War) Service Medals were positioned on the coffin.
They shall grow not old,
As we that are left grow old.
Age shall not weary them, nor the years condemn.
At the going down of the Sun and in the morning,
We will remember them.
LEST WE FORGET
Michelle wishes to thank the many people who had befriended Max and were so helpful in this time of stress. Amongst those, were Carol Hiley, Heidi Wallace, Jacqui Cresswell, Ron Jamieson and Denise, next door – who was first alerted by Max’s plight.
A MEMORIAL SERVICE for Max will be held at the Pineridge Chapel at 1pm SUNDAY the 15th June – Service Medals may be worn.
Time is running out fast – only a month to go! Please get in touch with Bev. Holcroft for that stall site – ph: 3207 8315 and Biggles for the Parade 3207 8895. We need to allocate spaces as nobody wants to march behind the vintage “dunny truck” – Phew! Would you?
25TH WEDDING ANNIVERSARY
(Quarter of a Century Celebration just doesn’t cut it does it?) CONGRATULATIONS to Kerry and Ray Burton for achieving this wonderful landmark – may you have many many more. (Norma)
Here we go – Narelle Renn, Mary McAlister, Pat Norris, Norma Green, June Outridge, Jo Morganti, Pam Shultz, Kerri Young, Big Ben Buchanan, and “King” Billy Hamilton and a SPECIAL 18TH CONGRATULATIONS to the Blackburn Twins, Erin and Mia (never thought you would make it – some of us remember you running around in baby nappies) best wishes to all. (N)
COOCHIEMUDLO ISLAND HISTORY SOCIETY
Readers, if you wish to get to know more about our Island, why not join the Society and then you will receive a copy of the Occasional News Letter published by Hon. Secretary, David Paxton (enquiries tel: 3820 8989).
Things have really happened since the last issue of the Bugle. Firstly there was the launching of “Trim” on the morning of Saturday the 24th May and what a great event it was. Many people “had a row” and what a wonderful little craft she is. Naturally she will have the lead role on Flinders Day – the 20th July and will be accompanied by a contingent from the Wooden Boat Association. To supplement the launching of the “Trim”, the History Society hosted a visit by the Water Transport Association of which long-time resident of Coochiemudlo Island, John Pearn is Patron.
After formalities at the Memorial the group moved to the Community Hall from which we proceeded to view the plaque marking the site of the cook-house of 43 Landing Craft Company during their time here in those tension-loaded days of 1942-43 when many of us were anticipating a Japanese invasion. The site is now not so strategically placed on the greens where the concrete remains are proving hazardous to golf balls.
After visiting the Lone Pine, we retired to the History room where Margaret Walker excelled herself with refreshments provided. Two of the ladies and Biggles attacked the bikkies and cheese and appeared to make gluttons of ourselves – Margaret, that Castello Blue Cheese was superb – thankyou. One could not help but remark “65 years ago the aquatic Diggers at the old kitchen down there would have been eating dog biscuits and bully beef.
There were many nostalgic moments as we talked of some of the equipment that they used. The day ended with dinner for the visitors at the Flinders Café and we are pleased to report that Ted Jones (our original Matthew Flinders) proved his navigational skills and “steered’er straight and steady!!
Last Saturday the 7th June saw a great turn-out of Islanders and visitors to “Mudlo” to welcome the Bayside Vehicle Restorers Club Inc.and to support the many local crafts people. Due to unforseen circumstances Biggles arrived as things were ending. Thankyou, President Carolyn – your site is a great spot for this type of function. For interested persons, the Bayside Vehicle Restorer’s Club is available at P.O. Box 59 Cleveland 4163 phone 3207 3733 or www.baysideclub.org.au
HELLO – NEW GRANDCHILD
(My goodness me they are popping out all over the place at the moment)- Susan and David Kemp from James Street are proud to announce their first Grandchild – a beautiful baby girl – Aniko Winter Laraway at 1.30am, 16th May – weighing in at 7lbs. Mother Michelle and Dad Jadobi are very proud parents and hope to bring her to Coochie as soon as she becomes old enough for a visit – Well done Grandma and Grandpa!!!! (N) (On reflection, I think the name Winter is beautiful N)
SPOT THE YOT!!!
For those who have not seen the local press, we must mention the confusion caused last Tuesday the 3rd of June, when commuters arrived at the barge ramp to find a 13m steel yacht high and dry across the access to the ramp, thus excluding our barge from landing. The “Dolphin Boy” apparently broke its’ mooring during very heavy weather and travelled more than a kilometre to come to rest in the most unwelcome place. Ferry services were very much in demand but these were out for two hours in the afternoon due to extra low tides. Services returned to normal after the vessel was towed off at high tide on Tuesday night. The only report of damage was to “Bay Lady” which is incredible considering how many vessels were moored and how far the ‘yot” drifted.
COOCHIE HACKERS GOLF CLUB
Once again this gallant Club held their Championship Day – Peter McQueen screamed in with a net score of 45 – Congratulations Peter – thank you to all those who helped on the day, Pam Schulz for the tucker and all those who helped with scores, etc. etc.
PUBLIC MEETING – COOCHIEMUDLO PROGRESS ASSN. INC. RE LIQUOR LICENCE.
The meeting was called by Mr. John English M.P. and convened by the Coochiemudlo Island Progress Assn. to express community concerns and discuss outcomes the granting of a Provisional General Licence.
Chaired by Mr. Len Turner, President of our Progress Association, the meeting was attended by 77 people and 19 apologies were received, including one from Mayor Melva Hobsen who had a prior commitment and also Licencee Mr. Mc Mahon who was Interstate. Many questions were asked and answered where possible with undertakings made to seek answers to several of those. \
(Mr. John English M.P. has since provided us with an explanatory print-out re lack of appeal.) It was generally agreed that residents should be vigilant and “vote with their feet” if deemed fit. John advised that the Island’s population was too small to warrant a permanent Police presence but would enquire regarding part-time patrols etc/ The subject of unlit narrow roads with lack of footpaths was raised and our Div. 4 Councillor Peter Dowling presented the innovative suggestion that we approach the Licensee to provide the necessary lighting (?)
Mr. English expressed very strongly that he would be approaching Treasury ( who control Liquor Licencing) over the CCT decision and would possibly take Island Representatives with him. Thankyou to all who attended the orderly meeting – despite the outcome.
To Peter and Cheryl Newnham, Peter’s medical problems make it more suitable to be on the Mainland – it happens to a lot of families – and is inevitable. (N)
Brian Saunders had a nasty fall a couple of weeks ago and Margaret had to pop him into Redlands Hospital – he suffered a slight stroke and may be home soon. Jo Morganti has been suffering the local “cold” that is going around, and Snorm has had a cataract removed from her left eye – now finds out how bad her right one is
(didn’t stop her playing cards at Kerry’s this afternoon wif her dark glarses on) (N)
In the week from the 27th May to the 2nd June, we recorded 171.5mm of rain (close to 7 inches) at Owl Cottage. This is the largest fall in one week since the last week in June 2005 (270mm)
Terri Smith has come home after 6 weeks with her family in the U.K. Pam Shulz has been Ma-in house to her daughter Regan WHO was in one of the Netball teams for the Sharks and won their first game – first game of the Season – THEN was asked to play in the under 15s – wot an onor (why is the English language so difficult?)(N)
BIGGLES – BRUCE E. GREEN 3207 8895
The Bugle copied and stapled – courtesy of Mr. John English M.P.
Thank you for donations of paper for the Bugle.
For the benefit of “electronic customers”, the following has been submitted by the Recreation Club – which kindly donated paper for the hard copy clients.Thankyou.
CHRISTMAS IN JULY
To be held at the Community Hall
Sat. 5th July – 6pm for 6.30pm
DELICIOUS 3 COURSE ROAST DINNER
$25 per person,
Lucky door prize – raffles galore.
Tickets available from
Peter 3207 0915
Judy 3207 0916
BYO Drinks and glasses, book early to avoid disappointment.
Only 80 tickets available – selling fast.