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

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quinlan v Independent Liquor and Gaming Authority [2023] NSWCATAD 331 Hearing dates: 8 June 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: 1. 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. 2. The decision of the Independent Liquor and Gaming Authority on 13 February 2023 to disqualify the applicant from holding a competency card from 14 February 2023 to 14 February 2024 is set aside. Catchwords: LICENSING – responsible service of alcohol – revocation of competency card – disqualification from holding competency card – definition of intoxicated - whether sale or supply to an intoxicated person – contravention of disqualification order. Legislation Cited: Liquor Act 2007 Liquor Regulation 2018 Cases Cited: State of NSW v Thomlinson [2018] NSWCA 151 Texts Cited: Intoxication Guidelines (the Independent Gaming and Liquor Authority) Category: Principal judgment Parties: J Quinlan (Applicant) Independent Liquor and Gaming Authority (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Solicitor: Robert Watson Lawyers (Applicant) Independent Liquor and Gaming Authority (First Respondent) Crown Solicitor (Second Respondent) File Number(s): 2023/00071416