2 total
Registrar's request for reconsideration of liquor licence suspension decisions dismissed; no significant errors of law found.
The Registrar requested a reconsideration of the Tribunal's decisions which suspended, rather than revoked, the appellants' liquor licences for breaching conditions restricting the involvement of the owner's son.
The Registrar argued the Tribunal misapprehended the 'reasonable grounds for belief' test under s. 6(2)(d) of the Liquor Licence Act and made significant errors of law and fact.
The Associate Chair found no significant errors of law or fact in the Tribunal's conclusion that the past conduct did not afford reasonable grounds for belief that the business would not be carried on with integrity and honesty.
The reconsideration request was dismissed and the previous decisions were confirmed.
Liquor licences suspended for 5 and 10 days with new conditions imposed for breaching previous conditions.
The Appellants appealed a proposal by the Registrar to revoke their liquor licences due to breaches of conditions.
The Tribunal previously found that conditions on both licences were breached when a former manager failed to report criminal charges and continued to be involved in management.
On the issue of sanction, the Registrar sought revocation, while the Appellants sought a three-day suspension.
The Tribunal ordered a 5-day suspension for one restaurant and a 10-day suspension for the other, along with new conditions strictly prohibiting the former manager from entering the premises or having any involvement in the businesses.
