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The Victorian Commission for Gambling and Liquor Regulation (VCGLR) is the independent statutory authority that regulates Victoria's gambling and liquor industries.

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Prosecutions 2017-2018

Other related content
Compliance

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.

Friday 22 September 2017 - Tabcorp Wagering (Vic) Pty Ltd

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:

  1. By 21 December 2017, the offender will release state-wide refresher briefing material in all of its Victorian agencies (approximately 92 agencies) licensed venues (approximately 641) in respect of potential dealings with minors (a "do's & don'ts" list).
  2. By 21 October 2017, the offender will brief the VCGLR on the offender's Supervision Plan, including enhancements made.
  3. By 21 December 2017, the offender will complete an EBT Supervision Plan for all Victorian live venues and racing tracks that offer EBTs, which will include (but not limited to) the offender submitting to the VCGLR two weeks prior to major race meets and events, upon a VCGLR four-week prior notice request, the proposed location of EBTs and forms of supervision of EBTs.
  4. By 21 December 2017, the offender will ensure "proof of age" stamps are used at major races meets and events, and ensure the design of the stamps are annually changed.
  5. By 21 December 2017, the offender will distribute the "Toolbox Talk" Program at each and every live site and race track for use at all major race meets and events.
  6. By 21 December 2017, the offender will ensure an EBT Supervision Monitor Pack will be distributed to all of the offender's race day and event managers at the start of each shift with an EBT Checklist.
  7. By 21 September 2018, the offender will ensure any staff member located at a live site or race track undertakes refresher training on obligations relating to minors and compliance with the GR Act. Failure by any staff member to undertake such training will result in suspension from unsupervised wagering services until completion of the training.
  8. By 21 October 2017, the offender will include on its website a list of measures implemented by the offender to ensure minors are neither encouraged to gamble nor allowed to do so.

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

Wednesday 13 September 2017 - Individual prosecution

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.

Thursday 3 August and Wednesday 27 September 2017 - SCA Corporation Pty Ltd and individual prosecution

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.

Legislation: 
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  

Penalty:

  • the director: Conditional good behaviour bond for six months – Ordered to pay $200 to the Court Fund.
  • the company: Adjourned to undertake the Diversion Program with a condition to pay $400 to the Court Fund.
Thursday 7 September 2017 - San Remo Hotel Pty Ltd

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:

  • To be of good behaviour for the period of the plan until 6 September 2018;
  • To establish a venue management plan addressing the matters listed in the VCGLR's liquor licensing fact sheet 'Management Plan';
  • Ensure all directors of the licensee and its senior managers undertake further training in relation to the responsible service of alcohol, including responsibilities and obligations under its liquor licence and the Act, and venue best practices; and
  • Pay $300 for costs to the VCGLR.
Friday 11 August 2017 - The Goriller Pty Ltd

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.

Thursday 3 August 2017 - Individual prosecution

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. 

Tuesday 25 July 2017 - Individual prosecution

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.

Page last modified 
5 December 2017