Chief Justice Ian Kawaley has criticised the Liquor Licensing Authority for cherry-picking evidence before deciding to ban a grocery store from selling alcohol.

After an appeal was upheld, the LLA will have to reassess whether or not to return the liquor licence for Belvin’s Variety on The Glebe Road, Pembroke.

The shop had its licence revoked last month, following complaints that it had caused the community undue noise, disruption to traffic flow, trash accumulation and disturbances.

According to the Liquor Licence Act 1974, the alcohol vendor must take responsibility to control all four of these factors.

LLA chairman Juan Wolffe also chastised owner George Swan for illegally selling miniature bottles of spirits to customers at Belvin’s outlets on both The Glebe Road and Happy Valley Road.

The latter store was allowed to retain its licence, despite similar complaints regarding customers’ drunken behaviour, on condition that no intoxicating liquor was sold before midday and no single beers or miniatures were sold.

Presiding over the appeal in the Supreme Court yesterday, Mr Justice Kawaley upheld Mr Swan’s case regarding the Glebe Road store, noting that the LLA had exhibited “a failure to comply with requirements” in its initial decision.

He expressed concern that a petition featuring 209 signatures in favour of the store selling alcohol had not been properly considered, calling the oversight “an error in law”.

“The appellant seems to have been deprived the opportunity to produce evidence that there is in fact support in the community for the store being licensed,” Mr Justice Kawaley said.

Representing Mr Swan, Pettingill & Co Ltd lawyer Shawn Crockwell agreed with this suggestion — claiming that the LLA were “not interested in any supporting evidence of his position” at the previous hearing.

Mr Justice Kawaley dismissed the Happy Valley Road store decision, but upheld the Glebe Road appeal, meaning that the LLA will have to give a new judgment on the latter issue, taking into account the petition.

“The status quo remains, until such time that the matter is reconsidered,” he added.

Finally, Mr Justice Kawaley offered what he conceded might be a “pipe dream” resolution to the antisocial behaviour surrounding the Glebe Road store — one of community self-regulation.

“The people in the neighbourhood supporting the Belvin’s liquor licence could demonstrate they are part of the solution,” he said.

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