1 total
Liquor licence breaches found after fatal accident; tribunal accepted evidence of over-service to intoxicated patrons.
The Registrar issued a Notice of Proposal to revoke the licensee's liquor licence following a fatal motor vehicle accident involving a patron.
The Board heard evidence that the deceased and a friend consumed large quantities of alcohol at the licensed premises before the accident.
Applying the Faryna v. Chorny test for credibility, the Board accepted the evidence of the surviving passenger and the Registrar's toxicology expert over the licensee's staff.
The Board found that the licensee breached the Liquor Licence Act by permitting liquor to be sold to an intoxicated person and permitting drunkenness on the premises.
Submissions on sanction were invited.
No co-appearing lawyers found.
No judges found.