A licensee client was fined and had its liquor licence conditioned by the regulator in circumstances the licensee felt were unjustified.
The licensee had made significant efforts to go above and beyond its legislative obligations. Despite this, a substantial number of allegations, some very serious, were made against the licensee’s company, supported by a significant volume of material.
In reviewing the case, I considered that the approach taken by the regulator was inappropriate in the circumstances. It was apparent that the matter was, in effect, a test case for the industry involving some complex questions of law in respect of disciplinary proceedings.
We all need to choose our battles but sometimes, enough is enough. The foundations were laid enabling our client to challenge the regulator’s decision. The matter went to the Court of Appeal where my client was ultimately successful.
"The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication."