ILGA has banned two former licensees of Merivale’s ivy in Sydney from the industry for failing to record multiple instances of severe intoxication in accordance with NSW liquor laws.
An investigation by Liquor & Gaming NSW (L&G) commencing 26 August 2022 took note of the venue’s use of the area known as the Sunroom, seen on CCTV footage to be set up as a makeshift medical treatment area. Numerous patrons were observed being provided assistance for minor injuries, drug use and intoxication by contracted third-party medical services provider Event Medical Services (EMS).
Records showed more than 170 medical incidents were managed between December 2021 and August 2022, 98 requiring treatment and 46 incidents noting intoxication, allegedly including one case involving a minor.
However, the L&G investigation found only 36 incidents were recorded in the venue’s incident register, as legally required.
Licensee for ivy during the period was Alexander Orwin, from 16 November 2020 to 19 May 2022, followed by Thomas Andrews, from 22 May 2022.
NSW liquor laws require most hotels to record incidents of intoxication and alcohol-related violence in incident registers, which must be made available to compliance officers during inspections.
L&G Executive Director of Regulatory Operations, Dimitri Argeres, says they are an “important tool” in ensuring patrons are kept safe.
“The requirement is an important harm-minimisation measure as it keeps licensees accountable for what happens at their venue and allows L&GNSW and NSW Police to properly assess any safety risks at the premises.”
Merivale’s juggernaut Ivy is a large-format precinct-style venue spanning over 3,000sqm across 13 venues, under seven liquor licences. At the time of the investigation it recorded roughly 30K patrons per week, hitting up to 10K on peak nights.
It was noted the period of the alleged incidents coincided with the lifting of COVID-19 restrictions, which was “presenting significant challenges” to hospitality venues.
The medical room was closed in 2022 and has not operated since. The liquor licence has since been transferred to a new licensee.
Following L&G’s complaint, ILGA (Independent Liquor & Gaming Authority) noted what it saw as a significant number of medical incidents identified during the investigation period, and evidence of heavily intoxicated people on the premises.
IGLA disqualified Orwin and Andrews from holding a liquor licence, managing or supervising licensed premises or being a close associate of any licensee, in NSW – for 12 months.
The decision stated the matter did not warrant disciplinary action, and conduct since the investigation period suggests no further action is necessary.
“Disqualifying people from holding a liquor licence if they fail to take all reasonable measures to comply with their obligations, sends a strong message that venues must be competently run in a safe way which is compliant with the law,” states Argeres.
ILGA’s decision on both licensees can be found HERE.
