Supreme Court
Decision Information
Abstract: Appeal pursuant to s. 23 ( 2 ) of the Liquor Act against the order of the Liquor Licensing Board order suspending the appellant's cocktail lounge licence for premises in the Gold Range Hotel
Decision: The Appeal was allowed as to Count 2. There was no evidence to support the Board's decision that the Appellant had exceeded the "maximum seating capacity" on the date in question. Therefore the board exceeded its jurisdiction in ordering a closure of the premises. On Count 3 the appeal was dismissed as the Appellant failed to show that it exercised due diligence to prevent the quarrelsome, violent and disorderly conduct described by the Respondent. No costs awarded as the success of the appeal was divided.
Subjects: Administrative law
Keywords: Liquor Act - regulations - seating capacity
Jurisdiction