The Registrar of Alcohol and Gaming proposed to revoke the applicant's liquor licence following a fatal motor vehicle accident involving a patron who had consumed alcohol at the applicant's establishment.
The patron's post-mortem blood alcohol level was significantly above the legal limit.
The Registrar alleged that the licensee permitted drunkenness, served an intoxicated person, and obstructed an inspection by tearing a receipt.
The Licence Appeal Tribunal found that the server only provided a reasonable amount of alcohol to the patron, who showed no signs of intoxication.
The Tribunal accepted the licensee's explanation that the receipt was accidentally torn during normal business operations and found no evidence of obstruction.
Concluding that the licensee did not know or ought to have known the patron was intoxicated, the Tribunal dismissed all allegations and directed the Registrar not to carry out the proposal to revoke the licence.