A north Queensland operator has faced charges and been fined over unsafe promotions on the premises, in Townsville and Mackay.
On June 23 last year the popular Rabbit Hotel nightclub ran the Ballin’ on a Budget promo package, allowing patrons to binge drink as much as they wanted in an hour, for $30.
Contenders were provided a wrist band and a cup, which they could refill with ‘basic’ spirits as many times as they liked in the timeframe.
One woman passed out in a toilet, who CCTV footage showed being served 10 drinks in 60 minutes, found unresponsive on the floor about 11.30pm by staff, who stayed with her until paramedics arrived.
Mackay CBD Hotel P/L, which operates the Rabbit Hole, as well as Movida’s Hotspot and Dirty Martini’s Lounge, which are now closed, was charged over the incident with failing to maintain a safe environment in and around the premises, and engaging in unacceptable practices or promotions.
Shelley Hancock, senior compliance officer for the Office of Liquor and Gaming Regulation (OLGR) led the two charges against the hotel, appearing before Mackay Magistrates Court’s Damien Dwyer in May.
The court heard consultant David Chaffey could not offer pleas for the defence, which required an officer of the company to respond to the charges, and Mackay CBD Hotel director Andrew Darveniza appeared by phone call and pleaded not guilty to both.
The matter was adjourned until September.
OLGR offered that while the venue had a management plan, it was “inadequate to address the risk of rapid consumption” during the budget-booze promotion.
It emerged that a second business owned by Darveniza, Jadal Entertainment P/L, operating Townsville’s FLNDRS Bar and Nightclub, was found guilty in July of unacceptable practices and promotions for running the same Ballin’ on a Budget package.
Darveniza had questioned the regulator over a suitable management plan, attempting to fight the charges, but was unsuccessful and fined $5K.
Magistrate Bronwyn Hartigan said Darveniza demonstrated remorse and insight to change his plea to guilty over the Mackay charges, noting that indeed the “risk did crystallise” in the Rabbit Hole, although it was acknowledged the unconscious woman was filmed consuming only eight of the ten drinks served and may have consumed up to nine drinks prior, and that there was no evidence of any long-term injury.
It was noted that Darveniza had been in hospitality since 1998, and had undertaken extensive training for his staff over the incidents, and Hartigan also took into account that the charge arose from his prompt supply of the CCTV footage.
The proprietors were fined a further $2K plus costs, but no convictions were recorded.
