The appellant appealed an Order of Monetary Penalty of $1,000 issued by the Registrar of Alcohol and Gaming for allegedly permitting drunkenness on her premises.
The Registrar's inspector and police officers concluded a patron was intoxicated based on his slurred speech, unsteadiness, and loud behaviour.
However, the patron testified that his behaviour was due to physical disabilities from past accidents and his lack of a hearing aid.
The Tribunal found the patron's evidence credible and corroborated by video surveillance, concluding the Registrar failed to establish on a balance of probabilities that the patron was drunk.
The Order of Monetary Penalty was set aside.
