Hay River (Mar 22/04) - Garth Mackie has a perfect record as a lawyer -- he's 1-0.

Mackie is not a lawyer by trade, mind you, he owns The Zoo lounge in Hay River.

Yet, he successfully argued his one and only case in challenging a liquor inspector's claim The Zoo had allowed drunkenness on the premises.

The case was heard in a show cause hearing of the NWT Liquor Licensing Board on March 18.

When questioned by a Department of Justice lawyer, liquor inspector Ken Comeau told the board he entered The Zoo after 11 p.m. on Dec. 30, 2003, and observed a loud and aggressive patron, Nick Irwin.

"In my opinion, Mr. Irwin was drunk," said Comeau.

The liquor inspector testified he told Mackie he believed the man was intoxicated, and the bar owner asked the patron to leave.

However, Comeau said he did not see any loss of motor control or staggering by Irwin.

Mackie testified he did not wish to discredit the work of Comeau, "I just feel in this instance he made a wrong assumption on this patron."

The lounge owner said he did nothing wrong in serving Irwin, explaining he knows the mannerisms of the regular customer.

Irwin testified he is usually loud and often teases his friends.

Mackie asked Irwin if he was upset when asked to leave the bar, and he responded toward the inspector, "Yeah, because I didn't think you should have (asked)."

One member of the board asked Irwin how he would normally act if he was intoxicated, and his response brought the house down.

"I wouldn't know," he said. "I'd be drunk."

After a brief deliberation, the board agreed with Mackie that no violation of the Liquor Act had occurred.

"We also note people are allowed to be loud in bars," said board chairman John Simpson. "It's not illegal."

Simpson explained the board requires more indicators of intoxication, such as glassy eyes and staggering.