Trozzo et al. v. Liquor Control and Licensing Branch (B.C.), (1991) 1 B.C.A.C. 225 (CA)

• Judge: Hinds, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: May 24, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 225 (CA)

Trozzo v. Liquor Control (1991), 1 B.C.A.C. 225 (CA);

    1 W.A.C. 225

MLB headnote and full text

Diego Trozzo and William Giglio (d.b.a. Bird of Paradise Pub) (appellants) v. The General Manager, Liquor Control and Licensing Branch (respondent)

(No. V01410)

Indexed As: Trozzo et al. v. Liquor Control and Licensing Branch (B.C.)

British Columbia Court of Appeal

Hinds, J.A.

June 4, 1991.

Summary:

The Liquor Control and Licensing Branch terminated the preclearance approval for a Class "G" Licensee Retail Store to be operated by Trozzo and Giglio. Trozzo and Giglio appealed.

The Liquor Appeal Board dismissed the appeal. Trozzo and Giglio applied for leave to appeal pursuant to s. 30.1(9) of the Liquor Control and Licensing Act.

The British Columbia Court of Appeal granted leave to appeal.

Liquor Control - Topic 4291

Licensing - Suspension or termination of licence - Appeals - Leave to appeal - [See Practice - Topic 8876 ].

Practice - Topic 8876

Appeals - Leave to appeal - Grounds for granting leave - T. and G. obtained preclearance approval of a licence to operate a beer and wine store in their neighbourhood pub - It was the policy of the Liquor Control and Licensing Branch to extend preclearance approval until the operators were ready to open their store - This policy changed abruptly and the preclearance was terminated by the Branch - The Branch's decision was affirmed by the Liquor Appeal Board - The British Columbia Court of Appeal granted leave to appeal the Board's decision under s. 30.1(9) of the Liquor Control and Licensing Act, where there was an arguable issue raised and the Board's decision was of considerable importance to voters in the neighbourhood of the pub.

Statutes Noticed:

Liquor Control and Licensing Act, R.S.B.C. 1979, c. 237, sect. 30.1(9).

Counsel:

R.B. Isbister, for the appellant;

   K.L. Johnston, for the respondents.

This application was heard in Vancouver, B.C., on May 24, 1991, in chambers, by Hinds, J.A., of the British Columbia Court of Appeal, who delivered the following decision on June 4, 1991.