Prosecutions 2010-2011

The Compliance Directorate found that the licensee trading as 'Sunshine Cellars' had been de-registered in 2009 and was therefore supplying alcohol without a liquor licence. The Sunshine Magistrates' Court fined the licensee $1,000 in costs, with $500 to be paid within three months.

The Geelong Magistrates' Court found Emma Matthey guilty of selling liquor whilst unlicensed, contrary to section 107(1) of the Liquor Control Reform Act 1998.

Ms Matthey was released upon her giving an undertaking to be of good behaviour for 12 months and she was also ordered to pay $250 to YSAS Drug and Alcohol Service and costs in the amount of $750.

The Heidelberg Magistrates' Court ordered a business owner to pay $1,500 without conviction for breaching section 107 of the Act, plus $1,500 in costs.

In April 2010, Keraloram Pty Ltd trading as Mill Park Motor Inn was found to be selling alcohol without a liquor licence. The company had applied for a transfer of liquor licence but the Director of Liquor Licensing has not approved the transfer.

After an inspection of the premises had been conducted, it was found that the owner had been selling alcohol without a liquor licence.

Mahmud Abdelgani owner of Minny's Bistro had the paperwork to transfer the liquor licence but had not yet done so. Since no approval had been sought from the Director of Liquor Licensing, the Frankston Magistrates' Court fined the owner $4,000 with a further cost of $3,000 to be paid to the court.

The Compliance Directorate had received information that the Toongabbie Supermarket had supplied alcohol on Christmas Day, which is outside the conditions of its liquor licence. Further enquiries confirmed this and the licensee was issued with a penalty infringement notice, which was not paid.

Frankston Magistrates' Court imposed a good behaviour bond of six months and ordered that the licensee pay $250 to the Salvation Army, plus $1,000 in costs within three months.

The owner of Ferry Cafe was fined $1,500 without conviction for breaching section 107 of the Act by selling alcohol without a valid liquor licence, and ordered to pay $1,500 in court costs.

The Compliance Directorate conducted an inspection of the premises known as ‘China Tea House’ and found that alcohol was being supplied by body corporate SC Chapel Pty Ltd who had not applied for a transfer of the licence and therefore the Director, Ryan Ying Qiang Huang, had not been approved by the Director of Liquor Licensing.

The body corporate claimed that it had thought it could trade under the liquor licence of the previous proprietors. The court fined the business $500 with an additional $1,500 in costs. Mr Ryan Ying Qiang Huang was fined a further $1,200.

Following an investigation by the Compliance Directorate, the owner of The Saffron House Indian Restaurant was found to be supplying alcohol without a valid liquor licence.Ashok Guleria was placed on a three month good behaviour bond, and ordered to pay $500 to the Red Cross, and $1,000 in costs to Responsible Alcohol Victoria by 18 March 2011.

The Melbourne Magistrates' Court found the directors of Princess Court Entertainment Pty Ltd had supplied alcohol at the licensed premises prior to their transfer application being approved by the Director of Liquor Licensing (the Director). Mr Theodosis-Papaloukas and Mr Yammas were fined $3,500 without conviction, with a further $1,500 in court costs.

The Director granted the transfer of licence subject to an enforceable undertaking where they conduct their operations in a manner consistent with the obligations under the Act. Mr Theodosis-Papaloukas and Mr Yammas were also required to undertake and complete the training course ‘Licensee Compliance Certificate’ delivered by Franklyn Scholar before 31 March 2011.

The owners of Wealth Garden in Doncaster were convicted of trading without a liquor licence between 27 November and 2 December 2009. The owners were fined $1,200 and ordered to pay $750 in legal costs.

The Melbourne Magistrates' Court fined a Caulfield South grocer for trading without a valid liquor licence. An investigation completed by the Compliance Directorate found that Produce Plus Pty Ltd had been trading between February and September 2009 after it failed to transfer the licence from the previous owner.

The court fined the business $2,500 without conviction for breaching section 107 of the Act and ordered to pay $500 in court costs.

The Melbourne Magistrates’ Court fined and convicted the owner of a Carlton restaurant for the unlicensed sale of alcohol. An investigation by the Compliance Directorate found Piccolo Mondo had been selling alcohol without a valid liquor licence. After being charged with unlicensed selling of alcohol the owner continued to sell alcohol, including to undercover inspectors.

The court convicted Solarino Holdings Pty Ltd for unlicensed selling of alcohol (section 107 of the Act), falsely indicating that premises are licensed (section 116 of the Act) and trading under an unregistered business name (section 5 of the Business Names Act 1962) .

The company was fined $8,000 and ordered to pay a further $2,000 in court costs. The manager, Mr Hayton pleaded guilty to unlicensed selling of alcohol and falsely indication that the premises was licensed, fined $4,000 and ordered to pay $2,000 in costs.

The Melbourne Magistrates' Court fined an Albert Park deli for selling alcohol without a valid liquor licence.

In their first month of operations in 2009, an unannounced inspection by the Compliance Directorate revealed the owners of ‘Villagio Café Deli’ failed to transfer the liquor licence from the previous owner.

Inspectors were told Christopher Britt and Dr Eric Poon, the Directors of Yin and Yang Pty Ltd, initially applied in 2008 in transfer the liquor licence but the application was refused as Dr Poon had not completed the new entrant training course approved by the Director of Liquor Licensing.

The defendants ignored the decision and continued to trade after the licence expired on 30 June 2009. As a result, the courts have ordered them to pay $1,000 in court costs and fined $1,500 without conviction.