McIntosh v Independent Liquor and Gaming Authority [2019] NSWCATAD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McIntosh v Independent Liquor and Gaming Authority [2019] NSWCATAD 101 Hearing dates: 1 April 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision to impose a first strike upon the applicant under s 144E(1) of the Liquor Act 2007 is set aside and, in substitution for that decision, the Tribunal decides to take no action Catchwords: ADMINISTRATIVE REVIEW – Liquor regulation – Hotel licence – Three strike regime – Imposition of first strike upon former licensee – Where former licensee committed prescribed offence of permitting intoxication on the licensed premises – Meaning of serious harm - Whether patron vomiting constituted serious harm – Whether respondent was entitled to consider potential harm, or to speculate as to harm which might have occurred – Whether the circumstance that the applicant was no longer the licensee at the licensed premises was relevant to the decision to impose a first strike Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Liquor Act 2007 (NSW) Cases Cited: Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Texts Cited: Macquarie Dictionary Online, Macmillan Publishers Australia 2019 Category: Principal judgment Parties: Campbell McIntosh (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: H El Hage (Respondent)