A contract for certain catering services to be made available to
staff from within your leased premises, may be a "retail shop
lease" governed by the Retail Leases Act in NSW.
In the Administrative Decisions Tribunal case of Lytton v
North Bondi RSL Club the tribunal decided that if the
agreement between the parties granted rights of occupation for the
caterer to provide goods and services, then that agreement may be a
retail shop lease.
The Lytton case revolves around an RSL Club that engages a
person, by way of a licence agreement, to operate a bistro or
provide "food services" from within the Club's
premises. Those services included "exclusive use of the
kitchen".
The Club argued that the Act should not apply as the Club's
premises, to which the caterer had access to, had a multitude of
activities and it could not be said to be "used wholly or
predominantly" as a restaurant by the caterer. In the
alternative, the Club sought to argue that the caterer
