This page summarises the results of prosecutions for the 2017-2018 financial year. As of 6 February 2012, the Victorian Commission for Gambling and Liquor Regulation, Compliance and Audit replaced the Department of Justice's Compliance Directorate.
On 5 August 2016 at approximately 8.28 pm, VCGLR Inspectors attended a licensed premises located in the CBD. The VCGLR alleged the licensee had supplied liquor not in accordance with its licence contrary to section 108(1)(a)(i) of the Liquor Control Reform Act 1998, as Inspectors detected a breach of the late night (general) licence condition, which required the presence of two crowd controllers when live or recorded amplified music other than background music was provided. Inspectors observed the licensee had only one crowd controller on duty. Inspectors came back to the Premises on another two occasions during the evening, when there was still only one crowd controller on duty.
The VCGLR consented to the Magistrates' Court adjourning the proceeding so the accused could enter a diversion program. Ding Dong Lounge Pty Ltd, through its director, acknowledged responsibility for the offence. The Magistrates' Court also thought it appropriate that the accused should participate in a diversion program.
As such, Magistrate Starvaggi ordered the accused enter a diversion plan with the following conditions:
On 26 June 2016, VCGLR Inspectors attended licensed premises located in the CBD. At approximately 1.45am, the inspectors observed a person, believed to be a minor, on licensed premises, contrary to section 120(1) of the Liquor Control Reform Act 1998 (LCR Act).
Inspectors accessed CCTV footage and other records which indicated that the minor had produced an evidence of age document of another person to gain entry to the licensed premises. Section 120(4) of the LCR Act provides a defence where an evidence of age document is presented that indicates that the person is of or over 18 years. However, the document produced was of a different person.
The VCGLR consented to the Magistrates' Court adjourning the proceeding so the accused could enter a diversion program. The Fiddler Pub Pty Ltd acknowledged responsibility for the offence.
As such, a Judicial Registrar ordered The Fiddler Pub Pty Ltd enter a diversion program, and imposed the following conditions on the plan:
Tabcorp Wagering (Vic) Pty Ltd (the offender) is the holder of a Victorian Wagering and Betting Licence. On 17 October 2015, at Caulfield Race Course, inspectors observed a male, believed to be a minor, place a wager on an EBT. Enquiries revealed that the male was 16 years of age. On 24 October 2015, at Moonee Valley Race Track, inspectors observed a male, believed to be a minor, place a wager on an EBT. Enquiries revealed that the male was 17 years of age. On 24 October 2015, at the Licoholnshire Arms Hotel (being an agent on behalf of the offender), Inspectors observed a male, believed to be a minor, place a wager on an EBT. Enquiries revealed that the male was 16 years of age.
Legislation: 3 x gambling provider allow minor to gamble – Section 10.7.3(1) of the Gambling Regulation Act 2003 (GR Act)
Outcome: The offender indicated that it accepted responsibility for the three charges and requested the VCGLR consent to it being considered for the Diversion scheme.
The VCGLR consented on the basis that the offender comply with the following conditions:
Finally, the Court ordered the offender to donate $1,000 to the Smith Family, which offers related financial/gambling programs.
The Court ordered that the offender comply with the conditions of the diversion program (being the conditions as set out above) and further the offender shall provide the VCGLR with written evidence of its completion of all aspects of the program.
Court: Melbourne Magistrates' Court
Magistrate: Ms Ann Collins
Date of Outcome: 22 September 2017
The Melbourne Magistrates' Court found the accused guilty in relation to an offence under section 108 of the Liquor Control Reform Act 1998 for permitting the consumption of liquor on the Premises while the accused's liquor licence was ceased in force.
The accused was placed on a six-month good behaviour bond with a condition to pay $910 to the court fund. In addition the accused was ordered to pay agreed costs in the amount of $300.
Outcome: On 23 April 2016, Inspectors attended the licensed premises of a company to undertake an unannounced inspection. Inspectors observed menus, in which liquor was offered for sale and consumed by customers.
Enquiries by the Inspectors regarding the liquor licence revealed it had expired.
In response to enquiries regarding the licence, the director made admissions to counterfeiting such a document using his own computer.
1 x offer liquor for sale when not a licensee – Section 107(1) of the Liquor Regulation Act 1998 (LCR Act)
1 x falsely indicate that the premises are licensed – Section 116 LCR Act
Court: Melbourne Magistrates' Court
On 7 September 2017, the Korumburra Magistrates' Court ordered San Remo Hotel Pty Ltd enter a diversion plan after the Victorian Commission for Gambling and Liquor Regulation (the VCGLR) alleged that on 28 November 2015, it had supplied liquor to a person in a state of intoxication, contrary to section 108(4) of the Liquor Control Reform Act 1998 (the Act).
The Magistrate placed the following conditions on the diversion plan:
On 31 July 2016, VCGLR Inspectors attended licensed premises located in Geelong. At the time of the inspection the venue was open for trade. During the inspection observations were made of liquor being sold for consumption on premises and displayed in a fridge between the counter and front window. The venue was displaying and trading under a 2015 Victorian limited liquor licence for catering at social functions and receptions.
Without conviction, a fine of $1250 was issued. Stay of 1 month until 8 September 2017.
On 15 July 2016, VCGLR inspectors attended Ezon Soundbar in Rosebud West. Inspectors detected that the manager on duty was observed to be selling liquor without having completed an RSA refresher course within three years from the date of the last completed RSA program.
An infringement was issued on 9 August 2016. The accused ultimately elected to have the matter heard in court.
At the Dromana Magistrates Court on Thursday 3 August 2017, the matter proceeded in the absence of the accused who failed to appear at court. The Magistrate found the charge proven and sentenced the accused, without conviction, to a fine of $933 and ordered service costs in the amount of $77.
On 17 July 2016, VCGLR inspectors attended licensed premises located in Geelong. Inspectors detected a breach of an On-Premises Licence, in which the patron capacity in the smokers' area of the licensed premises was no more than 19. The licensee acknowledged the breach at the time of the inspection.
At the Geelong Magistrates' Court on 25 July 2017, the licensee entered a plea of guilty to an offence under section 108(1)(a)(i) of the Liquor Control Reform Act 1998. In ordering the licensee to undertake a 12-month good behaviour bond with a condition to pay a not-for-profit organisation $800, plus prosecution costs of $279.90, the magistrate noted there had been a clear patron safety risk associated with such a breach.