Ogilvie v Independent Liquor and Gaming Authority [2016] NSWCATAD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ogilvie v Independent Liquor and Gaming Authority [2016] NSWCATAD 195 Hearing dates: 23 March 2016 Date of orders: 25 August 2016 Decision date: 25 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The Respondent's decision to disqualify the Applicant from holding a liquor licence for a period of ten years is set aside. (2) The Respondent's decision to disqualify the Applicant from being a close associate of a licensee for a period of ten years is set aside. (3) In substitution for the Respondent's decisions set out in Order 1 and 2 above, the following decision is made: a. Pursuant to section 141(2)(f) of the Liquor Act 2007, the Applicant is disqualified from holding a liquor licence for a period of five years. This period of disqualification commences with effect from 8 December 2015 with respect to the licensed premises of the Albion Hotel, located at 155 Murray Street, Finley N.S.W. but commences from 24 November 2015 with respect to other licensed premises in New South Wales. b. Pursuant to section 141(2)(j) of the Liquor Act 2007, the Applicant is disqualified from being a close associate of a licensee for a period of five years from 24 November 2015. This period of disqualification commences with effect from the date of this decision with respect to other licensed premises in New South Wales but commences from 24 November 2016 with respect to the licensed business of the Albion Hotel located at 155 Murray Street, Finley N.S.W. Catchwords: Liquor licence - close associate - disqualification - fit and proper person – severity of civil penalty Legislation Cited: Liquor Act 2007 Category: Principal judgment Parties: Allan Francis Ogilvie (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Solicitors: Allan Francis Ogilvie (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 1510774