Clive Preddie

The corporate applicant sought a stay of a 14-day liquor licence suspension imposed by the Alcohol and Gaming Commission pending its appeal.

The respondent conceded irreparable harm and balance of convenience but argued the appeal did not raise a serious issue as it only disputed findings of fact.

The court found the appeal was not frivolous or vexatious, noting the applicant intended to introduce fresh evidence and argue the Board failed to consider relevant evidence.

The stay was granted.

The appellant bar appealed a 10-day liquor licence suspension imposed by the Board of the Alcohol and Gaming Commission for allegedly permitting drunkenness.

The Divisional Court quashed the Board's decision, finding that the Board completely misapprehended the evidence of a key defence witness and failed to provide adequate reasons.

Furthermore, the Court held that a 103-day delay in notifying the appellant of the allegations, combined with a lack of identifying particulars for the allegedly intoxicated patrons, severely prejudiced the appellant's ability to make full answer and defence, constituting a breach of natural justice.

The charges were permanently stayed.