Music Kafe v OLGR

Case [2012] QCAT 217


CITATION: The Music Kafe Pty Ltd as Trustee for the Loukaras Family Trust and Anor v Chief Executive, Office of Liquor & Gaming Regulation [2012] QCAT 217
PARTIES: The Music Kafe Pty Ltd as Trustee for the Loukaras Family Trust
Fotis Loukaras
(Applicants/Appellants)
v
Chief Executive, Office of Liquor & Gaming Regulation
(Respondent)
APPLICATION NUMBER: GAR029-12
MATTER TYPE: General administrative review matters
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: Michelle Howard, Member
DELIVERED ON: 29 May 2012
DELIVERED AT: Brisbane
ORDERS MADE:

1.      Until further order, the operation of the decision of the Chief Executive, Office of Liquor and Gaming Regulation dated 10 January 2012 is stayed, subject to Music Kafe Pty Ltd providing a written undertaking, sworn or affirmed by its director Mr Loukaras before a competent witness, to the tribunal by 4pm on 12 June 2012, that:

(i)   a staff member with RSA or RMLV qualifications will control the door at Music Kafe Pty Ltd to ensure that patrons are not unduly intoxicated;

(ii)    a named security company has been engaged and arrangements are in place for the company to provide a licensed crowd controller from 5pm until closing on weekdays and from 10am until closing on weekends and public holidays at the Music Kafe Pty Ltd;

(iii)    Music Kafe Pty Ltd will maintain the arrangements for the crowd controller pending further order of the tribunal; and

(iv)  Music Kafe Pty Ltd notify the tribunal within 72 hours of any unforseen changes to the arrangements made by the security company and of any alternative but equivalent security arrangements put in place by Music Kafe Pty Ltd as a consequence pending further order of the tribunal;

2.      Each party has liberty to apply, in relation to the wording of the undertakings, until 4pm on 6 June 2012.

CATCHWORDS:

STAY APPLICATION – where disciplinary decision made to cancel a liquor licence and disqualify licensee from holding a licence for 5 years – where licensee seeks stay of operation of the disciplinary decision pending review – whether nature of disciplinary proceedings affects circumstances in which a stay is granted

Queensland Civil and Administrative Tribunal Act 2009, s 22

Deputy Commissioner Stewart v Kennedy [2011] QCATA 254
The Hideaway Café Bar Pty Ltd v OLGR [2012] QCAT 46
Elliott v QBSA [2010] QCAT 180

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

  1. On 10 January 2012, the Chief Executive, Office of Liquor and Gaming Regulation (OLGR) made a disciplinary decision in relation to Commercial Other-Subsidiary On-Premises Licence 81497 (the Licence) under the Liquor Act 1992 (the Act) to cancel the License held by Music Kafe Pty Ltd as Trustee for The Loukaras Family Trust (Music Kafe); disqualify Music Kafe from holding a licence or permit under the Act for 5 years; and disqualify Mr Fotis Loukaras from holding a permit or licence for a…

Continue reading Music Kafe v OLGR

Sign in free to access the full text

Details
AGLC
Music Kafe v OLGR [2012] QCAT 217
Case
[2012] QCAT 217
Decision Date

CaseChat Overview and Summary

In the case of Music Kafe v OLGR, the applicant, Music Kafe, sought a stay of the disciplinary decision made by the Chief Executive of the Office of Liquor and Gaming Regulation (OLGR) to cancel its liquor licence and disqualify its licensee from holding a licence for five years. The court was required to determine whether the nature of the disciplinary proceedings would affect the circumstances in which a stay is granted. The applicant argued that the operation of the decision should be stayed pending a review due to the potential irreparable harm to its business and the public interest.

The court considered the principles governing the grant of a stay of operation of a disciplinary decision. It acknowledged that the nature of the proceedings could be relevant, but it was not determinative. The court focused on whether there was a serious question to be tried and whether the balance of convenience favoured a stay. The applicant had demonstrated a serious question to be tried in relation to the disciplinary decision, and the balance of convenience favoured a stay given the potential harm to the applicant's business and the public interest.

The court granted a stay of operation of the disciplinary decision, subject to the applicant providing a written undertaking, sworn or affirmed by its director, to the tribunal. The undertaking required the applicant to control the door with a staff member with RSA or RMLV qualifications, engage a named security company to provide a licensed crowd controller, maintain the arrangements for the crowd controller, and notify the tribunal of any changes to the security arrangements. Each party had liberty to apply in relation to the wording of the undertakings.

The court made an order staying the operation of the disciplinary decision until further order of the tribunal, subject to the applicant providing the written undertaking. Each party had liberty to apply in relation to the wording of the undertakings until a specified date.

Orders

Orders of the court

1. Until further order, the operation of the decision of the Chief Executive, Office of Liquor and Gaming Regulation dated 10 January 2012 is stayed, subject to Music Kafe Pty Ltd providing a written undertaking, sworn or affirmed by its director Mr Loukaras before a competent witness, to the tribunal by 4pm on 12 June 2012, that:

(i) a staff member with RSA or RMLV qualifications will control the door at Music Kafe Pty Ltd to ensure that patrons are not unduly intoxicated;

(ii) a named security company has been engaged and arrangements are in place for the company to provide a licensed crowd controller from 5pm until closing on weekdays and from 10am until closing on weekends and public holidays at the Music Kafe Pty Ltd;

(iii) Music Kafe Pty Ltd will maintain the arrangements for the crowd controller pending further order of the tribunal; and

(iv) Music Kafe Pty Ltd notify the tribunal within 72 hours of any unforseen changes to the arrangements made by the security company and of any alternative but equivalent security arrangements put in place by Music Kafe Pty Ltd as a consequence pending further order of the tribunal;

2. Each party has liberty to apply, in relation to the wording of the undertakings, until 4pm on 6 June 2012.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.