Mike Hook

The appellant appealed an Order of Monetary Penalty imposing two $1,500 penalties for alleged violations of the Liquor Licence Act regulations.

The Registrar alleged that the appellant served liquor outside prescribed hours and failed to clear signs of service within 45 minutes of the end of the service period.

The Tribunal found the inspector's evidence credible and concluded that the appellant had served a drink after 2:00 a.m.

The appellant admitted to failing to clear signs of service.

The Tribunal found both violations proven and ordered the parties to proceed with submissions on the appellant's constitutional question regarding settlement negotiations.

The appellant requested reconsideration of a Licence Appeal Tribunal motion decision that found the Tribunal lacked jurisdiction to consider the appellant's arguments regarding the Registrar's conduct during settlement negotiations.

The appellant had argued that the Registrar's insistence on an 'all-or-nothing' settlement for two alleged liquor licence violations was an abuse of process and violated the Charter.

The Executive Chair granted the reconsideration request, finding that the Tribunal erred in law by concluding it lacked jurisdiction to consider the Registrar's conduct when determining whether to confirm or set aside a monetary penalty under the Alcohol and Gaming Regulation and Public Protection Act.

The Tribunal's order was varied to allow the appellant to make written submissions on these issues if the regulatory violations are proven at the hearing.