Music Kafe v OLGR

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.