Tourism, Sport and Racing, Department of, Chief Executive v Rigas, Licensee, Shooters Bar P/L

The Department of Tourism, Sport and Racing, Chief Executive, sought judicial review of a decision made by the Liquor Appeals Tribunal. The Tribunal had reviewed the decision to cancel the licence of the Shooters Bar P/L, a licensed premises in Queensland. The Tribunal set aside the decision to cancel the licence but reprimanded the licensee, Mr Rigas, for his involvement in the circumstances that led to the original decision.

The central issue before the court was whether the Tribunal had the authority to make an order under section 137 of the Liquor Act 1992 (Qld) when the cause for the order was shown under section 136 of the same Act. The Tribunal had concluded that it did not have such power, and the Department appealed against this decision. Mr Rigas, in turn, cross-appealed against the Tribunal's decision to reprimand him.

The court found that the Tribunal had misinterpreted the relevant sections of the Liquor Act. It held that the Tribunal did indeed have the power to make an order under section 137 when the cause was shown under section 136. The court set aside the Tribunal's reprimand of Mr Rigas and dismissed both the appeal and the cross-appeal.

No further orders were made by the court beyond those already stated.