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132006.823.7 Development Application part 2 of 2 Justification report, CD 5 Morwong Dr Noosa Heads

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Page 2

23 March 201 1



Kerri Coyle
Coordinator Planning Applications (North)
Sunshine Coast Council
Pelican Street
TEWANTIN Q
                 Re: OUTRIGGER RESORT & SPA, NOOSA HEADS

Dear Kerri

Further to our meeting with Cr Russell Green and Alex Chapman of Outrigger early
in February 2011 we have now finalised the Application for a minor change to
conditions of approval under 2006/823 in relation to trading hours associated with
conferences.

Enclosed please find ;

   •   Forms I & 2
   •   Company Owner's Consent
   •   Justification Report
   •   A CD containing the above
   •   A cheque for $1,624 covering lodgement fees.

We look forward to your consideration of the detail and trust that you support the
application.

Phone me on 0408033367 should you have any queries.




                                                             NMI

Cc Grant James. Outrigger
Cc Alex Chapman, Outrigger


Viridian Noosa Real Estate                         PO Box 2360 Noosa Heads Q 4567
  07 5455 2260      0408 033 367                         [email protected]
                                                                                         I

Page 3

  JUSTIFICATION REPORT
CHANGE OF CONDITION 174 OF 20061823




    OUTRIGGER - JUSTIFICATION REPORT -- CHANGE CONDITION 174 OF 20061823

Page 4

JUSTIFICATION REPORT : CHANGE OF CONDITION 174 OF 20061823

OUTLINE

This application deals with a request to amend the Conditions of Approval 20061823 in
relation to the Outrigger Resort [Viridian Village site] Noosa Heads. The minor
amendment is to Condition 174 dealing with liquor trading hours.

CURRENT CONDITIONS - OPERATING HOURS

The current DA conditions 173 and 174 state:

        173 The operating hours of the Conference Room, Restaurant and Bars (excluding
        any pool bar) shall be as follows:
                173.1 Sunday to Thursday - 7:00am to 11:00pm (however the Restaurant
                may open at 6:30am if required);
                173.2 Friday and Saturday - 7:00am to midnight (however the Restaurant
                may open at 6:30am if required);
                173.3 Use of the external restaurant deck !conference overflow area for
                formal functions and conferences is to be limited to between the hours of
                9.00am and 10pm.
        174 Notwithstanding these conditions, the Conference Room and Restaurant and
        Bars (internal areas and excluding any pool bar) may be used until midnight on any
        day of the week if the use is in connection with a conference being held at the Resort.


The Resort has been operating since July 2010 and comply with these conditions.There has
been over 50 conferences to date including clients Macquarie Bank, Snack Brands, Australian
Forensic College, PricewaterhouseCoopers, MYOB, Youi Insurance, Ray White Group,
Boston Consulting Group, BT Financial, Avant Mutual, Australian Psychological Society,
Sensis, Lille Health Care, Ramsay Health, Australian Radio Network and CGU Insurance.
Management believe that the number could have been higher but for the restriction on the
hours of operation of the bar. We have had four significant clients (over 200 delegates) cancel
their booking due to these restrictions.

AMENDMENT SOUGHT

The selection by corporations seeking conference venues includes items such a proximity to
transport, recreational opportunities , services , shopping, weather, decor of rooms, outlook,
efficiency of resort staff as well as dining, on-site entertainment and bar facilities including
hours of operation.
The Resort satisfies ALL the above other than in some instances the issue of bar trading
hours. A change to Condition 174 as under would correct the situation and achieve the criteria
of some intending corporate players with no negative impacts on the community.
        Notwithstanding these conditions, the Conference Room and Restaurant and Bars
        (internal areas and excluding any pool bar) may be used until 3 am on any day of the
        week on no more that 20 separate conferences / events per annum if the use is in
        connection with a conference or public event being held at the Resort.
Outrigger considers that the number of occasions when the extended hours are offered
should be limited to 20 separate occasions and this is reflected in the change of condition
above.




              OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 24061823

Page 5

The alternative to arrangements where delegates can mix outside of the business end of the
conference is to see delegates visit other extended hours venues in Noosa with potential for
disruption to neighbourhood amenity when delegates return to the Resort.Outrigger would
not want this to occur.
NEIGHBOURHOOD OPINION

On behalf of Outrigger a circular letter [ ATTACHMENT A ] was sent to the 23 owners of
villas in the Viridian Residences complex adjoining as well as a number of owners of
properties in Viewland Drive [ ATTACHMENT B I . The Viridian Residences properties are
normally leased for short term occupation and use by the owners is limited. The Viewland
Drive properties are a mixture.

Three responses were received ; 2 in favour and one opposed. [ ATTACHMENT C I No
reasons were given. It is fair to conclude that the amendment sought would not give rise to
general neighbourhood complaint to what is best described as a minor amendment.

THE CONFERENCE MARKET

    •    Noosa relies on good numbers of stays at weekends and in the holiday seasons.

    •    The conference market is a mid-week market

    •    The reliance upon a narrow holiday market leaves Noosa vulnerable to suffering from
         low tourist volumes when the holiday market sector is facing adverse conditions

    •    Noosa tourism market had very low proportions of the business and
         conferencelconvention markets. The opening of the Outrigger Resort is making
         positive correction to this.

    •    With continuing encouragement and facilities such as those at Outrigger the
         excessive reliance upon the holiday market sector can be corrected.

    •    Outrigger Hotels and Resorts will continue to outlay considerable resources to
         attracting conferences but would want to see less restrictive conditions.

JUSTIFICATION

    1.   Other establishment in the Sunshine Coast enjoy the benefit of extended trading
         hours.

    2.   The liquor licence conditions for Hyatt Coolum [copy attached] permit trading to 3 am
         I ATTACHMENT D ].

    3.   OLGR was supportive of extending the hours of trading associated with a recent
         conference and it is assumed that it may likewise support any other reasonable
         application for extended trading hours.

    4.   The resort is isolated and impacts on neighbours are unlikely

    5.   Other DA conditions control noise levels

    6.   The request limits the number of predicable conference where extended hours may
         be sought to 20 annually which reflects a responsible requirement.

    7.   The conference market directed through Outrigger is estimated to inject
         approximately $12 million into the local economy this calendar year.




               OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 20061823

Page 6

8.   Encouragement of the conference market is in line with Council's objectives and the
     amendment to the condition enhances booking opportunities.

9.   There are no social negative impacts associated with the limited extended hours
     proposal

10. There is no groundswell of opposition from adjoining owners.




          OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 20©6/823

Page 7

ATTACHMENT A - LETTER TO NEIGHBOURS




    OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 2€061823

Page 8

                                                   VMWLAN NOOSA REAL ESTATE
                                                   PU Box 2360 NHUSA HEADS 4567
                                                   Tel: 97 54552760 Mob: 0408033367
                                                   Email: bob1viridianvillagestore.com.au
15 February 2011

A Jones
8 Birdwood Avenue
BRIGHTON VIC 3186


Dear Neighbour

We write on behalf of the management of Outrigger Resort & Spa Little Hastings Street
Noosa.

The Resort has been up and operating for just on 8 months. In that time staff and guests have
found the facilities and environment to their liking. There have been a number of conferences
and bookings taken for the next 12 months should establish the Resort as the premier
destination for conferences in Noosa.

The current town planning requirements in relation to trading hours associated with sale of
alcohol and noise limits are as follows:

        165.

        Noise emissions during the operational phase of the Development from any
        mechanical plant or processes associated with the completed Development must
        comply with the following
        limits.

                  165.1.

                  7am to 10pm - LA max adj i! LA bg + 5dBA; and

                  165.2.

                  10pm to Tarn - LA max adj , LA bg + 3dBA.

        166

        Live amplified music and live amplified entertainment is to be provided only indoors,
        in such a manner that the sound from the activities is attenuated in accordance with
        the conditions of the relevant licence issued by the Queensland Liquor Licensing
        Division under the Liquor Act 1992 and during the hours specified in such licence but
        in any event is not to be provided after midnight.

        167.

        All indoor entertainment noise emissions shall comply with the following limits.

        167.1

        Sam to 10pm - LA10 adj o LA90 + 10dBA, and

        167.2

        10pm to Sam - Loot 10 Loot 90 + 8dB.



                OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 2006/823

Page 9

        173
        The operating hours of the Conference Room, Restaurant and Bars (excluding any
        pool bar) shall be as follows:
        173.1
        Sunday to Thursday - 7.00am to 11:00pm (however the Restaurant may open at
        6:30am if required);
        173.2
        Friday and Saturday - 7:00am to midnight (however the Restaurant may open at
        6:30am if required);
        173.3
        Use of the external restaurant deck !conference overflow area for formal functions
        and conferences is to be limited to between the hours of 9.OOam and 10pm.
        174
        Notwithstanding these conditions, the Conference Room and Restaurant and Bars
        (internal areas and excluding any pool bar) may be used until midnight on any day of
        the week if the use is in connection with a conference being held at the Resort.
The allowance to trade until midnight as provided in Condition 174 while attractive on some
occasions does not meet the expectations of all Conference organisers.
Outrigger occasionally have requests to extend the hours to 3.00 am in line with what is
allowed at off site venues. Unfortunately they must decline these requests.
Outrigger would however like to respond favourably to such requests and are considering
seeking Council's endorsement to the following variation to Condition 174:.
        Notwithstanding these conditions, the Conference Room and Restaurant and Bars
        (internal areas and excluding any pool bar) may be used until 3 am on any day of the
        week on no more that 20 separate conferences 1 events per annum if the use is in
        connection with a conference or public event being held at the Resort.
The limiting of the number of occasions (to 20 per annum) when the 3.00 am extension
would apply is based on Outrigger's estimates.

It is considered that there would be no negative impacts should the extended hours be
allowed

Protection of the residential amenity of neighbouring areas is achieved under noise control
Conditions 165 to 167.2 as detailed above. These requirements will be strictly managed and
controlled by Outrigger.

Should the above proposal be acceptable would you complete and return the attached Form.
Any queries, phone me on 0408033367.

Yours faithfully




BOB BORGER
Director
VIRIDIAN NOOSA REAL ESTATE

cc Grant James, Regional General Manager Australia. Outrigger Hotels & Resorts
cc Alex Chapman, General Manager, Outrigger Resort & Spa Little Hastings Street Noosa



                OUTRIGGER -JUSTIFICATION REPORT- CHANGE CONDITION 174 OF 2006/823

Page 10

              VIRIDIAN NOOSA REAL ESTATE




TO:                                                Viridian Noosa Real Estate
                                                   PO Box 2360 Noosa Heads Q 4567
E-MAIL:                                            bo        viri ianvilla estore.com.aU




We/I have considered the content of your letter of ......... February 2011 in relation to
liquor trading hours for the conference centre at the Outrigger Resort & Spa Little
Hastings Street Noosa and have no difficulty with the proposition put forward.




..........................................................
sign]



..........................................................
[print name]


Owner of Property




at ................................................................................................




Date             /       /




               OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 20061823

Page 11

ATTACHMENT B - LIST OF NEIGHBOURS




   OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 2006/823

Page 12

                                                  Mr IC Mainwaring
                                                  PC Box 2716
          VIRIDIAN NOOSA                          FORTTRIDE VALLEY BC QLD
                                                  4006
0159454   21/3 Morwong Dr
          NOOSA HEADS QLD 4567 Lot 1 SP 151409



                                                   Mr PH Harding
          VIRIDIAN NOOSA                           PO Box 1592
          22/3 Morwong Dr                          NOOSA HEADS QLD 4567
 159455   NOOSAHEADS QLD 4567 Lot 2 SP 151409


                                                   Mr HI Schwartz &
          VIRIDIAN NOOSA                           Mrs CA Schwartz
          23/3 Morwong Dr                          PO Box 163
 159456   NOOSA HEADS QLD 4567 Lot 3 SP 151409     T EWANTIN QLD 4565



                                                   Mr DS Ecdeston
          VIRIDIAN NOOSA                           15 Tuxen Street
          20/3 Morwong Dr                          NORTH BALWYN VIC 3104
 159457   NOOSA HEADS QLD 4567 Lot 4 SP 151409

                                                   Mr Wi Michelson & GR
                                                   Michelson
          VIRIDIAN NOOSA                           18 Gtenisla Drive
          19/3 Morwong Dr                          MOUNT MARTHA VIC 3934
 159458   NOOSA HEADS QLD 4567 Lot 5 SP 151409



                                                   Fourteenth Dector Pty Ltd
          VIRIDIAN NOOSA                           78 Denistoun Avenue
          18/3 Morwong Dr                          MOUNT ELI7A VIC 3930
 159459   NOOSA HEADS LD 4567 -Lot 6 SP 151


                                                   Scottney Lane Vineyard Pty
                                                   Ltd
          VIRIDIAN NOOSA                           PO Box 403
          17/3 Mar ong Dr                          NARACOORTE SA 5271
 159460   NOOSA HEADS QLD 4567 Lot 7 SP 151


                                                   Mr Al Grant Taylor
          VIRIDIAN NOOSA                           99 Buckingham Street
          16/3 Morwong Dr                          ST JOHNS WOOD QLD 4060
 159461   NOOSA HEADS QLD 4567 Lot 8 SP 151409


                                                   EH Larmar & Ms YM Lamiar
          VIRIDIAN NOOSA                           GPO Box 530
          12/3 Morwong Dr                          BRISANE QLD 4001
 159462   NOOSA HEADS QLD 4567 Lot 9 SP 151409




             OUTRIGGER - JUSTIFICATION REPORT- CHANGE CONDITION 174 OF 20061823

Page 13

                                                   Mr MG Winter & Ms HJ Coyne
        VIRIDIAN NOOSA                             PO Box 247
        13/3 Morwong Dr                            HAMILTON
59463   NOOSA HEADS QLD 4567     ot 10 SP 151409   NEW ZEALAND



                                                   M Albrecht & F Albrecht
        VIRIDIAN NOOSA                             34 Tristan Road
        14/3 Morwong Dr                            KENMORE QLD 4069
59464   NOOSA HEADS QLD 4567     ot 11 SP 151


                                                   A Jones
        VIRIDIAN NOOSA                             8 Birdwood Avenue
        15/3 Morwong Dr                            BRIGHTON VIC 3186
59465   NOOSA HEADS QLD 4567     ot 12 SP 151409


                                                   Mr CE Chatwood & CI Callil
        VIRIDIAN NOOSA                             PO Box 1963
        1/3 Morwong Dr                             NOOSA HEADS QLD 4567
59466   NOOSA HEADS QLD 4567     ot 13 SP 151409



                                                   Mr 3H Morris
        VIRIDIAN NOOSA                             VIRIDIAN NOOSA
        9/3 Morwong Dr                             9/3 Morwong Dr
59467   NOOSA HEADS QLD 4567     ot 14 SP 151409   NOOSA HEADS QLD 4567



                                                   Mr JH Morris
        VIRIDIAN NOOSA                             VIRIDIAN NOOSA
        10/3 Morwong Dr                            9/3 Morwong Dr
59468   NOOSA HEADS QLD 4567     ot 15 SP 151409   NOOSA HEADS QLD 4567



                                                   Normie Pty Ltd
        VIRIDIAN NOOSA                             17B Stanley Avenue
        1113 Morwong Dr                            MOSMAN NSW 2088
59469   NOOSA HEADS QLD 4567     ot 16 SP 151409



                                                   BA Neilsen
        VIRIDIAN NOOSA                             PO Box 168
        4/3 MonNong Dr                             MORANBAH QLD 4744
59470   NOOSA HEADS QLD 4567     ot 17 SP 151



                                                   EH Larmar & Ms YM Larmar
        VIRIDIAN NOOSA                             GPO Box 530
        3/3 Morwong Dr                             BRISANE QLD 4001
59471   NOOSA HEADS QLD 4567     ot 18 SP 151409


                                                   Mr KDH Ainsworth
                                                   Locked Bag 3007
        VIRIDIAN NOOSA                             AUSTRALIA SQUARE NSW
        2/3 Morwong Dr                             1215
59472   NOOSA HEADS QLD 4567     ot 19 SP 151409




           OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 2006/823

Page 14

                                                    CM Vickery
        VIRIDIAN NOOSA                              Bective
        5/3 Morwong Dr                              TAMWORTH NSW 2340
59473   NOOSA HEADS QLD 4567      ot 20 SP 151409


                                                    Mr IS Wdson
        VIRIDIAN NOOSA                              19 Anges Street
        6/3 Morwong Dr                              STRATHFIELD NSW 2135
59474   NOOSA HEADS QID 4567      ot 21 SP 1514


                                                    Mr GD Cockerill &
        VIRIDIAN NOOSA                              Ms DM Cockerili
        7/3 Morwong Dr                              2 Eurong Avenue
59475   NOOSA HEADS QLD 4567      ot 22 SP 151409   PIALBA QLD 4655


                                                    Mr DJ Turkington &
                                                    Mrs DJ Turkington
        VIRIDIAN NOOSA                              VIRIDIAN NOOSA
        8/3 Morwong Dr                              8/3 Morwong Dr
59476   NOOSA HEADS QLD 4567      ot 23 SP 151409   NOOSA HEADS QLD 4567




                                                    Mr TM Crosby
        VIEWLAND HEIGHTS                            35A Viewland Dr
        1/35 Viewland Dr          Lot 1 GTP         NOOSA HEADS QLD 4567
32023   NOOSA HEADS QLD 4567      102061



                                                    SL Spencer-Jurss
        VIEWLAND HEIGHTS                            2/1 Orient Drive
        2/35 Viewland Dr          Lot 2 GTP         SUNRISE BEACH QLD 4567
32024   NOOSA HEADS QLD 4567      102061



                                                    Mr 3M Grady & Ms PM Grady
                                                    37 Viewland Dr
        37 Viewland Dr                              NOOSA HEADS QLD 4567
32025   NOOSAHEADS QLD 4567        ot 2 RP 121138



                                                    Mr B Moy & Ms R Moy
        BLUE VUES                                   57 Mirrabooka Rd
        1/31 Viewland Dr                            ASHGROVE QLD 4060
59070   NOOSA HEADS Q-LD 4567      ot 1 SP 173774



                                                    Mr B Moy & Ms R Moy
        BLUE VUES                                   57 Mirrabooka Rd
        2/31 Viewland Dr                            ASHGROVE QLD 4060
59071   NOOSA HEADS      D 4567    ot 2 SP 173774




           OUTRIGGER JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 2006/823

Page 15

                                                  Mr RE Barnes & Ms KE Barnes
        LAGUNA TERRACE                            1229 Cooroy Be11i Creek Rd
        1/29 Vtewland Dr                          RIDGEWOOD QLD 4563
32010   NOOSA HEADS QLD 4567      ot I GTP 1002



                                                  Mr RP Earles
        LAGUNA TERRACE                            PO Box 873
        2/29 Viewland Dr                          MERIMBULA NSW 2548
32011   NOOSA HEADS QLD 4567      ot 2 GTP 1002


                                                  L Cracknell
                                                  PO Box 3032
        VIEWLANDS                                 Domain Road
        1/27 Viewiand Dr          ot I GTP        SOUTH YARRA VIC 3141
32007   NOOSA HEADS QLD 4567     100412


                                                  D Cranfield
                                                  VIEWLANDS
        VIEWLANDS                                 2/27 Viewtand Dr
        2J27 Viewland Dr          ot 2 GTP        NOOSA HEADS QLD 4567
32008   NOOSA HEADS QLD 4567     100412




           OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 2006/823

Page 16

ATTACHMENT C -- NEIGHBOUR RESPONSES




    OUTRIGGER - JUSTIFICATION REPORT - CHANGE CONDITION 174 OF 2006/S23

Page 17

                                   UUSA REAL ESTATE



                                           Viridian Noosa Real Estate
                                         1 PO Box 2360 Noosa Heads Q 4567
&_


We/1 have considered the content of your letter of 15 February 2011 in relation to
liquor trading hours for the conference centre at the Outrigger Resort & Spa Little
Hastings Street Noosa and have no difficulty with the proposition put forward.




Owner of Property

at....




Date

Page 18

                    MRS .                . L A. NC-S(LeN
                                         hl est r I:: D   K'S   ',
                                     P.O. 'P)(16 ',
                              M CA          A ® Q. 4t-4
                                P lo l\, : 07 495071.10



     arch, 2011.




Mr. B. Borger,
Director,
Viridian Noose Real Estate,
P.O. Box 2360,
NOOSA HEADS. 0. 4567



Dear Mr. Borger,


Further to your correspondence of 1 5t' February, 2011, 1 wish to advise that your proposal is
not acceptable to me, therefore, I am not prepared to support any application to extend the
hours to 3.0Oam.

Should you require any additional information, please do not hesitate to contact me.


Yours faithfully,




BERYL A. NEILSEN

Page 19

                                NOOSA



                                              than N oosa Real Estate
                                           P Box 2360 N 9sa Heads g 456-7
                                                                   e_coni a .




Wed have considered the content of your letter of 15 February 2011 in relation to
liquor trading hours for the conference centre at the Outrigger Resort & Spa Little
Hastings Street Noosa and have no difficulty with the proposition put forward.




          e

Owner of Property




Date

Page 20

ATTACHMENT D - COPY OF HYATT COOLUM
        LICENCE CONDITIONS




     OUTRIGGER - JUSTIFICATION REPORT- CHANGE CONDITION 174 OF 20061823

Page 21

                                                    Li ° '

Fr m detai?s
Lkwwmm*er                               841U
Licence type:                           Corn :rro31 Special Facft
Slaw.


                                        -[`t%'.T> REGENCY COOLUM,
                                        1) ,MC, LOW WAY
                                        COOLUM BEACH OLD 4573
Telephone:                              37544  461234
Real property description:              REFER TO LAD
Licensed area                           Premises situated on either We of Warren fwd, Yarowba.
                                        Land described as Lots 23 and 25 on SP 179447, Lot 24 on SP 198913, Lots 300 and
                                        301 on SP 210 913, Lot 11I on ttP W6W, Lots 3 to 5 on tP 224934 and Lot 2 on RP
                                        224933, County of Carming, Parish of Marooft.
Trading hours descripdnn                10:00 AM to 03:00 AM Monday - Sunday
(Exct       Ag Ctwiatrrw Day, New Years Eve,   d Faday and AnmcIay, the tad'ucg tuxxsz svrrrcf, are presciRW i3 #ra tsguorAcf 1s3

Li             s}
NWW
{OUR DE LON IN VEST ?,5r'7S '-T

standard             fills)
L€ 359                    Appmved after hours                                              n                      its are the residential
                          accommodation units or rooms only.
LL1O2                          foment or other noise emanating from the lid premises must, not exceed the
                          recommended noise gaits specified in the Departmental Now Schedule.
        7                                                                                  i       c                    p
                          c aterin            for a function to persons genuinely attending the function for consumption by those
                          persons at the funcfion.
                          At Premises wtwm the licensee is                                for a function ft ticenwe must not
                          O supply roc to: or
                          (it) permit or allow tiquorto be supplied to: or
                          (la'} allow lifauor to be consumed by;
                          a person who -
                          (iv) is a mho.- or
                          (v) is                      or disorderly.


                          Liquor may be sold or supplied only whilst the premises adheres to its principal activity of provision of
                          are activity, facility or presentation that provides enlightenment entertainment or services to the public
                          or forms part of the tourist development of the State.
                          Liquor may be sold for consumption oft the premises to residents at any time only in quantities not
                          exceeding 9 titres on any day.
592651                    Liquor may be sold or supplied to:


o--ea         s54f-2at1            emhastmCd           t         ' re,s"Mwt, awwrac offmiamewnd                                     Pspiorz

Page 22

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COEUR DE LION INVESTMENTS PTY LTD                                    FREEHOLD            1         2009
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MAURICE HOLLAND                                                      LIQUOR LICENCE      16-02-2009
                                                                     NOMINEE
KUMAGAI AUMALIA 1 INANCE LTD                                         MORTGAGEE           16-02-2009       25.012011
FLOOR 5, 200 MARY STREET, BRISBANE OLD 4000


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