- substantially interfere with access to the premises of an existing lessee;
- substantially reduce the flow of customers to the premises of an existing lessee;
- substantially interfere with sightlines to premises occupied by an existing lessee; or
- result in the unreasonable introduction of a direct competitor to the significant disadvantage of an existing lessee occupying premises in front of, or immediately adjacent to, an area that is the subject of the casual mall licence, except where the casual mall licence is granted to an internal direct competitor and:
- the direct competitor occupies at least one retail shop in the same retail precinct in which the relevant casual mall licensed area is located;
- the relevant casual mall licensed area is the closest available casual mall licensing area to the direct competitor's retail shop;
- the introduction occurs during a designated sale period; or
- the relevant casual mall licensed area is located in the retail shopping centre's centre court;
- unless the specific interference, reduction or introduction has previously been disclosed to the existing lessee and the existing lessee has consented in writing to the interference reduction or introduction.
A person directly competes with another if more than 50% (on an area occupied by display basis) of the goods displayed for sale by the person are the same as more than 20% (on an area occupied by display basis) of the goods displayed for sale by another person.
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
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If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
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