Quinlan v Independent Liquor and Gaming Authority [2023] NSWCATAD 331

Quinlan v Independent Liquor and Gaming Authority [2023] NSWCATAD 331

The Tribunal was not satisfied that a reasonable person with Mr Quinlan's knowledge would have assessed the four men as intoxicated when he served them. The CCTV did not establish that the balance, co-ordination or behaviour of the other three men, or Luke's balance and co-ordination, were noticeably affected, and the absence of audio meant speech impairment could not be established. Although Luke was animated, Mr Quinlan knew him as hyperactive and did not know he had been ejected from another hotel, so it was reasonable to assess him as exuberant rather than intoxicated. Mr Quinlan did breach the disqualification order by working at a licensed bowling club, but the breach was not...

Jurisdiction
Australia
Judgment Date
20 December 2023
Procedural Posture
Administrative Review of Decisions to Revoke a Responsible Service of Alcohol Competency Card and Disqualify the Applicant From Holding a Competency Card / Principal Judgment After Hearing
Outcome
The decisions to revoke the applicant's responsible service of alcohol competency card and to disqualify him from holding a competency card were set aside.
Legal Topics
['responsible Service of Alcohol' 'revocation of Competency Card' 'disqualification From Holding Competency Card' 'definition of Intoxicated' 'supply of Liquor to an Intoxicated Person' 'contravention of Disqualification Order']
['administrative Law' 'liquor Licensing'] ['responsible Service of Alcohol' 'revocation of Competency Card' 'disqualification From Holding Competency Card' 'definition of Intoxicated' 'supply of Liquor to an Intoxicated Person' 'contravention of Disqualification Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of Decisions to Revoke a Responsible Service of Alcohol Competency Card and Disqualify the Applicant From Holding a Competency Card / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Did Mr Quinlan contravene his obligations relating to the responsible service of alcohol?' 'Did Mr Quinlan contravene his disqualification order by continuing to work on licensed premises until 16 May 2023?' 'Having regard to the contravention and subject matter questions, was the decision to make the revocation and disqualification order the correct and preferable decision?']

Ratio Decidendi

The Tribunal was not satisfied that a reasonable person with Mr Quinlan's knowledge would have assessed the four men as intoxicated when he served them. The CCTV did not establish that the balance, co-ordination or behaviour of the other three men, or Luke's balance and co-ordination, were noticeably affected, and the absence of audio meant speech impairment could not be established. Although Luke was animated, Mr Quinlan knew him as hyperactive and did not know he had been ejected from another hotel, so it was reasonable to assess him as exuberant rather than intoxicated. Mr Quinlan did breach the disqualification order by working at a licensed bowling club, but the breach was not...

Court Disposition

The decisions to revoke the applicant's responsible service of alcohol competency card and to disqualify him from holding a competency card were set aside.

Orders

  • ["The decision of the Independent Liquor and Gaming Authority on 13 February 2023 to revoke the applicant's responsible service of alcohol competency card is set aside." 'The decision of the Independent Liquor and Gaming Authority on 13 February 2023 to disqualify the applicant from holding a competency card from 14...