Prosecutions 2009-2010

Following an investigation by the Compliance Directorate, the Melbourne Magistrates’ Court fined Wildflower restaurant in Canterbury for allowing another person to use their liquor licence details who then illegally sold alcohol through an online auction website.

Creedan Pty Ltd, the licensee for Wildflower restaurant was placed on a 12 month enforceable undertaking of good behaviour. The company director, Anthony Phelan was fined $750 without conviction and ordered to pay $1000 in court costs. Mr Phelan admitted to lending Creedan’s liquor licence to Martin Doughty without the consent of the Director of Liquor Licensing.

Mr Doughty pleaded guilty to a charge of unlicensed selling of liquor and breaching the Fair Trading Act 1999 in making false representations in relation to goods and services. He admitted to using his online auction account to place advertisements to sell alcohol.

In the advertisements, he quoted the Victorian liquor licence number for the ‘Wildflower’ restaurant and referred to the Liquor Control Reform Act 1998 when discussing the sale of alcohol. Mr Doughty was released without conviction, but ordered to pay a fine of $2000 and $1000 in court costs.

A Ballarat restaurant owner has been fined after a court found that she had been operating her business without a valid liquor licence.

Ms Xi Zhang, owner of Noble Dragon in Sturt Street, Ballarat, pleaded guilty to breaching section 107 of the Act. The Ballarat Magistrates’ Court fined Ms Zhang $2000 for not holding a valid liquor licence. The magistrate did not record a conviction against the defendant but did give Ms Zhang a stern warning to not break the liquor laws in the future or she would face harsher penalties.

The maximum penalty for non compliance of section 107 of the Act is $28,036.80 or imprisonment for two years.