after a prolonged battle with the Liquor Licensing Authority.

The Supreme Court yesterday overturned a December decision by the Authority to stop the sale of alcohol from the grocery store, citing a lack of fairness in the way the Authority arrived at its decision.

In an appeal filed with the court on April 2, Enterprise Grocery lawyer Mr.

Michael Mello QC argued that the store, owned by The MarketPlace Ltd., had not had its application treated the same as other applications where public objections were registered.

"This failure on the part of the LLA is especially offensive to the applicant because the objections raised against it were far less serious compared to those others who were granted renewals,'' Mr. Mello said in a written submission.

The worst of the public objections against the grocery concerned "offensive words and conduct, litter, and maybe property damage,'' he said. Objections against other renewal applications granted by the Authority ranged from assaults to theft and an attempted rape.

The court originally heard an appeal in October, stemming from a July, 1992, decision by the Authority and ordered it to hold another hearing.

Chief Justice the Hon. Sir James Astwood yesterday said the Authority had again erred on a point of law and had not been "procedurally fair'' to the Enterprise Grocery.

"In my view, the LLA has not been procedurally fair to the applicant. It has treated it much differently to other applicants for similar licences and is, in my opinion, in breach of the law and has acted contrary to the rules of fairness,'' he said.

"The LLA has an absolute discretion to grant or refuse licences, but, in exercising this function, it has to be seen to be acting fairly,'' the Chief Justice said.

"In my view, the LLA has not acted fairly in dealing with this application and other persons who operate similar businesses in the community must be justly concerned that they may also at some future time have their licences revoked without being given a reasonable opportunity to address any objection or to take any available remedial action to abate any nuisance if there is proved to be one.'' The Chief Justice also cautioned that proof of future problems caused by the selling of alcohol from the store could result in restrictions and an eventual removal of the licence.