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Prosecutions 2011-2012

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This page summarises the results of prosecutions for the 2011-2012 financial year. As of 6 February 2012, the VGCLR Compliance and Audit replaced the Department of Justice's Compliance Directorate.

Monday, 26 March 2012 - Food Alchemy Pty Ltd

Food Alchemy Pty Ltd pleaded guilty to one offence of unlicensed sale of liquor contravening section 107(1) of the Liquor Control Reform Act 1998.

The Melbourne Magistrates' Court fined Food Alchemy Pty Ltd $1000 without conviction and further ordered it to pay the prosecution's costs in the amount of $1000.

Tuesday, 13 March 2012 - Boris Trajkovski

The Melbourne Magistrate Court found Mr Boris Trajkovski guilty of selling liquor contrary to section 107 (1) of the Liquor Control Reform Act 1998.

The Melbourne Magistrates’ Court fined Mr Trajkov $2500 without conviction and ordered him to pay costs in the amount of $668.00.

Tuesday, 13 March 2012 - DRAGON III Pty Ltd

DRAGON III Pty Ltd was found guilty of unlicensed sale of liquor contrary to section 107 (1) of the Liquor Control Reform Act 1998 between1  January 2011 and 6 January 2011.

The Moorabbin Magistrates’ Court placed DRAGON III Pty Ltd on a 12 month adjourned undertaking to be of good behaviour, without conviction, and as a condition of the undertaking, ordered DRAGON III Pty Ltd to pay $400 into the court fund and $1100 in legal costs.

Wednesday, 7 March 2012 - Burlesque Bar Pty Ltd

On 15 October 2012, Burlesque Bar Pty Ltd trading as Burlesque Bar was found to be breaching Section 108 (1)(a)(i) and Section 108A (2)(b) of the Liquor Control Reform Act 1998.

The Melbourne Magistrates’ Court fined Burlesque Bar Pty Ltd $1500 without conviction, and ordered it to pay costs in the amount of $1500.

Monday, 13 February 2012 - Leighton MacDonald Gibson

The La Trobe Valley Magistrates’ Court found that Leighton MacDonald Gibson had sold liquor without a licence between 10 October 2010 and 13 December 2010, breaching section 107 (1) of the Liquor Control Reform Act 1998.

Mr Gibson was placed on a six month adjourned undertaking to be of good behaviour, without conviction. He was also ordered to pay $400 in legal costs

Thursday, 2 February 2012 - Red Centre Organic Wines (RCOW)

RCOW was found guilty of 13 charges of selling liquor without a licence under section 107 (1) of the Liquor Control Reform Act 1998 (the Act) between 19 September 2010 and 3 December 2010. Further, Mr Goodison pleaded guilty to one charge of selling liquor without a licence under section 107 (1) of the Act.

The Ballarat Magistrates’ Court fined RCOW $5000 plus $700 in court costs, without conviction. Mr Goodison was fined $1000 plus $700 in court costs, without conviction. In sentencing both RCOW and Mr Goodison, the Magistrate noted the importance of regulating liquor and the dangers inherent in the unlicensed sale of alcohol.

Thursday, 2 February 2012 - Skydiving Nagambie Pty Ltd

Skydiving Nagambie Pty Ltd was found guilty of unlicensed sale of liquor contrary to section 107 of the Liquor Control Reform Act 1998 between 4 November 2010 and 18 June 2011.

The Seymour Magistrates’ Court placed Skydiving Nagambie Pty Ltd on an adjourned undertaking to be of good behaviour until June 1 2012, without conviction. It was also ordered to pay $2000 to a De La Salle charity by 2 February 2012 and costs of the prosecution in the amount of $1500.

Monday, 9 January 2012 - Sizzling Tandoor Pty Ltd

The La Trobe Valley Magistrates’ Court found that Sizzling Tandoor Pty Ltd had been selling liquor without a licence.

Sizzling Tandoor Pty Ltd was given an undertaking to be of good behaviour for 12 months without conviction, and to pay $700 in legal costs.

Wednesday, 21 December 2011 - Chaffey International (Aust) Pty Ltd trading as 'Chaffey International Motor Inn'

On 15 June 2011 during a inspection, Chaffey International (Aust) Pty Ltd trading as Chaffey International Motor Inn were found to be breaching section 107(1) of the Liquor Control Reform Act 1998 by selling alcohol without a liquor licence.

The Mildura Magistrates’ Court sentenced Chaffey International (Aust) Pty Ltd to a 12 month undertaking to be of good behaviour until December 2012 with a condition that Chaffey International (Aust) Pty Ltd pay $250 to the court fund plus $3800 in costs.

Wednesday, 9 November 2011 - Mr Khoury trading as 'Centre Road Cellars'

The accused, Mr Khoury, was found guilty of allowing minors on the licensed premises and supplying liquor contrary to the licence in failing to comply with a requirement that the predominant activity be sale of liquor by retail.

These charges came before the court because Mr Khoury challenged penalty infringement notices. The Ringwood Magistrates' Court fined the accused $1,434 (the total amount of the penalty infringement notices) without conviction. Mr Khoury was also ordered to pay $750 in costs.

Tuesday, 8 November 2011 - Balunor Pty Ltd

The Geelong Magistrates’ Court found that Balunor Pty Ltd had been supplying liquor unlicensed contrary to section 107(1) of the Liquor Control Reform Act 1998 (the Act).

The licensee was place on an adjourned undertaking of 6 months without conviction commencing on 8 November 2011. A further $2000 was to be paid in court costs.

Wednesday, 2 November 2011 - Cartmere Pty Ltd

In December 2010, the Compliance Directorate found that Cartmere Pty Ltd had been sub-letting the licensed premises to Prevale Café without the consent of the Director of Liquor Licensing.

The Melbourne Magistrates’ Court fined Cartmere Pty Ltd $500 without conviction and ordered it to pay $210.78 in costs. Anthony Joske, Director of Cartmere, was also fined $500 and ordered to pay $212.56 in costs.

Thursday, 27 October 2011 - Brighton on the Bay Quest Pty Ltd – Verve Restaurant and Bar, Brighton on the Bay

On 7 March 2011, a routine inspection revealed that Brighton on the Bay Quest Pty Ltd trading as Verve Restaurant and Bar, Brighton on the Bay was serving liquor without a licence. The company had applied to transfer the liquor licence but it had not yet been approved by the Director of Liquor Licensing.

The Moorabbin Magistrates' Court fined Brighton on the Bay Quest Pty Ltd $2000 without conviction and ordered the company to pay $750 in costs. Two directors of the company, Valentin Corchado and Paul Constantinou, were fined $1000 each, without conviction.

Tuesday, 25 October 2011 - Heng Shao trading as 'I Hot Pot'

The accused, Heng Shao, was charged with supplying liquor without a licence contrary to section 107(1) of the Act.

Mr Shao had applied to transfer the liquor licence but this was left pending, as Liquor Licensing did not receive confirmation of settlement of the sale from his solicitor. Mr Shao, not speaking English, relied on his solicitor to affect the transfer of the licence and notify him if there were any outstanding requirements.

Due to these significant mitigating factors, the Melbourne Magistrates' Court sentenced Mr Shao to an adjourned undertaking requiring him to be on good behaviour for 12 months, without conviction. The accused was also ordered to pay $750 in costs.

Monday, Monday, 17 October 2011 - Aerotone Pty Ltd trading as 'Il Carretto Pizza Restaurant'

Areotone Pty Ltd, trading as Il Carretto Pizza Restaurant, was found guilty of breaching section 107(1) of the Act for selling alcohol without a liquor licence.

The Melbourne Magistrates’ Court fined the company $1,500 without conviction and ordered it to pay $311 in costs.

Wednesday, 27 July 2011 - San Sebastian Cafe

In December 2009, while attempting to conduct an inspection of the licensed premises, a Compliance Inspector was threatened and obstructed by the licensee of San Sebastian Cafe.

The licensee was given an enforceable undertaking of 12 months without conviction, and fined to pay $1000 of offences relating to obstruction of authorised persons under section 130 of the Liquor Control Reform Act 1998. A further $750 was to be paid towards the court fund.