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This page summarises the prosecutions for the 2019-2020 financial year.
On 18 June 2020, the Bairnsdale Magistrates' Court ordered that Bairnsdale Bowls Club Inc. (the Accused) comply with a diversion plan after the VCGLR alleged that the Accused was responsible for the following contraventions on 2 February 2019:
- two contraventions of section 10.7.6(1) of the Gambling Regulation Act 2003 GR Act (minor entering EGM area of approved venue);
- two contraventions of section 120(1) of the Liquor Control Reform Act 1998 (minor on licensed premises); and
- two contraventions of section 10.7.3(1) of the Gambling Regulation Act 2003 (allow minor to gamble).
The Court ordered that the Accused comply with the diversion plan with the following conditions:
1. Donate $1,000.00 to the Hope Foundation Limited;
2. Ensure signs are adequately and conspicuously displayed at all entrance advising persons under 18 will not be permitted in the gaming area or permitted to gamble;
3. provide a list to the VCGLR and to the Court of measures implemented to ensure minors are neither encouraged to gamble nor allowed to do so; and/or
4. continue to be proactive in ensuring new and updated measures are adhered to by all staff; and
5. pay the legal costs of the VCGLR for these proceedings and provide the court evidence of this before 21/08/2020.
On 20 February 2020, the Melbourne Magistrates' Court ordered Torpe Espresso Pty Ltd comply with a diversion plan after the VCGLR alleged that on 11 and 16 November 2018, in Armadale, Victoria, it had contravened sections 107(1) and 116(a) of the Liquor Control Reform Act 1998 by offering liquor for sale when not a licensee, falsely indicating that the premises were licensed premises, and selling liquor for sale when not a licensee.
The Magistrates' Court placed the following conditions on the diversion plan:
- donate $2,000 to the Smith Family and provide the Court with confirmation of payment;
- pay VCGLR's costs in the agreed sum of $400;
- write a letter of gratitude/apology to the Informant and provide a copy of the letter to the Court; and
- be of good behaviour for the period of the plan.
On 6 February 2020, the Sale Magistrates' Court ordered Sale Turf Club Inc enter a diversion plan after the Victorian Commission for Gambling and Liquor Regulation (the VCGLR) alleged that on 23 December 2018, it had permitted a drunken or disorderly person to be on the licensed premises or on any authorised premises, contrary to section 108(4)(b) of the Liquor Control Reform Act 1998 (the Act)
The Judicial Registrar placed the following conditions on the diversion plan:
To be of good behaviour for the period of the plan until 9 July 2020;
Within 60 days, to provide the prosecution with an email that it has and will continue to comply with the terms of condition 2 of the Diversion notice. Condition 2 states: Within 60 days from the date of Order, the accused will ensure additional in-person briefings to the crowd controllers and the staff engaged in the serving of liquor, as to the licensee's measures in place to ensure drunk and disorderly persons are not permitted on the licenced premises;
To donate $800.00 to the Pip.ilepsy Foundation by 9 July 2020;
Pay $400 for costs to the VCGLR.
This prosecution relates to the restaurant owned and operated by 9S Food Pty Ltd (A.C.N. 621 242 779) (the Defendant), trading as “9S Food, We Are Nice”, situated at 308 Sturt Street, Ballarat (the Premises).
On 23 June 2018, VCGLR Inspectors attended the Premises and observed liquor sold and exposed for sale by the Defendant. At this time, the Defendant held a BYO Permit but did not hold a liquor licence permitting the sale of liquor.
On 5 August 2019 in the Ballarat Magistrates' Court, the Defendant pleaded guilty to one charge of unlicensed sale of liquor, contrary to section 107(1) of the Liquor Control Reform Act 1998.
The Magistrate ordered the accused to pay a fine of $500 and the VCGLR's costs of $284.40.
On 12 May 2018, VCGLR Inspectors attended a premises located at 2/71 Wicklow Avenue, Croydon trading as Envy Cocktail Lounge and observed liquor being sold and offered for sale by Envy Cocktails Pty Ltd the director of that company. At no time did Envy Cocktails Pty Ltd or its director hold a liquor licence permitting the sale of liquor or the display of liquor for sale.
The prosecution alleged that the Envy Cocktails Pty Ltd, operating as a cocktail bar, sold and offered liquor for sale while unlicensed, between 5 August 2017 and 12 May 2018. Envy Cocktails Pty Ltd was charged for selling liquor contrary to s.107 of the Liquor Control Reform Act 1998 (the LCR Act) and offering liquor for sale contrary to s.107 of the LCR Act.
The director of Envy Cocktails Pty Ltd was charged with selling liquor on 12 May 2018 while unlicensed, contrary to s.107 of the LCR Act.
A hearing took place on 11 July 2019 at the Ringwood Magistrates' Court which neither defendant attended. The VCGLR made application to the Magistrate to determine each matter in the absence of the defendants.
The Magistrate ordered that the Envy Cocktails Pty Ltd be convicted of the unlicensed sale and offer of liquor, that they pay a fine of $2,500.00, the VCGLR’s costs of $100.00 and statutory costs of $127.40.
The Magistrate also ordered that the director of Envy Cocktails Pty Ltd be convicted of the unlicensed sale of liquor, that he pay a fine of $3,500.00, the VCGLR’s costs of $100.00 and statutory costs of $84.40.
The penalty is on the higher end of those imposed by the Magistrates’ Court in recent times for an LCR Act offence. It demonstrates the importance of ensuring that a premises is licensed prior to the commencement of trading or taking a business.