Mohammed et al. v. Liquor Control and Licensing Branch (B.C.) et al., (1994) 51 B.C.A.C. 62 (CA)
| Judge | Lambert, Legg and Wood, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | September 09, 1994 |
| Jurisdiction | British Columbia |
| Citations | (1994), 51 B.C.A.C. 62 (CA) |
Mohammed v. Liquor Control (1994), 51 B.C.A.C. 62 (CA);
84 W.A.C. 62
MLB headnote and full text
Fred Mohammed, Rainbow Hotels Ltd. and Northstar Hotels Ltd. (appellants) v. The General Manager of the Liquor Control and Licensing Branch, Edwar Owsianski and The Liquor Appeal Board (respondents)
(CA015407)
Indexed As: Mohammed et al. v. Liquor Control and Licensing Branch (B.C.) et al.
British Columbia Court of Appeal
Lambert, Legg and Wood, JJ.A.
September 9, 1994.
Summary:
The Deputy General Manager of the Liquor Control and Licensing Branch determined that Mohammed displayed a wilful disregard for the requirements of operating a licensed establishment, that Mohammed was not a fit and proper person to hold an interest in a liquor licence, that the licences of Mohammed's two hotels be suspended for two months and that Mohammed should divest himself of his interest in the establishments within six months after the end of the two month suspension. Mohammed appealed.
The Liquor Appeal Board varied the order so that the period of suspension ran concurrently with the period of six months within which Mohammed was to divest himself of his interest. Mohammed appealed, with leave.
The British Columbia Court of Appeal dismissed the appeal.
Liquor Control - Topic 4281
Licensing - Suspension or termination of licence - General - The owner and directing mind of two hotels with liquor licences was found not to be a fit and proper person to hold an interest in a liquor licence - The owner knew or ought to have known of the presence on the premises of whiskey not legally available for sale in British Columbia - The British Columbia Court of Appeal affirmed the finding against the owner and that the licences be suspended for two months and that the owner divest himself of his interest in the licensed establishments within six months from the date of the order.
Statutes Noticed:
Liquor Control and Licensing Act, R.S.B.C. 1979, c. 237, sect. 16(1)(a) [para. 10]; sect. 20(1)(a) [para. 10].
Counsel:
D.E. Taylor, for the appellants;
K.L. Johnston, for the respondents.
This appeal was heard in Vancouver, British Columbia, before Lambert, Legg and Wood, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on September 9, 1994, and the following opinions were filed:
Lambert, J.A. - see paragraphs 1 to 15, 18;
Legg, J.A. - see paragraph 16;
Wood, J.A. - see paragraph 17.
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