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.
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
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
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.