A Victorian licensee has slipped from warning to five years’ disqualification, following a litany of breaches over a fourteen-month period.
Records show the licence to operate the Ararat Hotel, around 200 kilometres west of the Melbourne CBD, was transferred to SP Burke P/L 26 April, 2018. The lease commenced 3 May, 2018.
Statements put to the Victorian Commission for Gambling and Liquor Regulation (VCGLR) alleged that licensing inspectors attended the premise at 9:35am on 6 July, 2018, to find amplified music playing above the level of ‘background’ music.
When confronted, the licensee was unable to produce a plan of the premises, nor an up-to-date RSA register of staff.
The VCGLR issued a warning on 13 July outlining what was found and also detailing a failure to ensure adequate licensed crowd controllers. The warning stated regulatory action would not be taken.
Before this matter was resolved subsequent visits to the premise led to discovery of a procession of breaches, predominantly echoing the same infractions.
From an inspection on 11 August came further crowd controller violations, plus problems with CCTV conditions, and failing to exercise sufficient management and control over the premises.
On 26 August more crowd controller and management issues, plus permitting consumption of liquor outside trading hours and allowing an unaccompanied minor on the premises.
On 31 August came a new accusation of allowing business to be conducted detrimental to the amenity of the area.
On 9 September crowd controller and management issues coincided with permitting liquor to be consumed not in accordance with the Licence.
On 23 September allegations of conducting business detrimental to amenity and insufficient management were joined by allowing a patron to become drunk.
Further charges arose from 29 September and 27 October before a nine-month reprieve, until on 3 August 2019 the run was broken by more detrimental amenity and a new charge of permitting intoxication.
The sixth of September added another permitting intoxication and insufficient management, plus failing to exercise reasonable duty of care in welfare and safety of a patron.
At a hearing on 25 November last year, prosecutors submitted a Request that the licensee was not suitable to hold a licence, as supported by the particulars of 15 breaches.
The freehold owner of the property had notified the Commission that they would terminate the lease and seek to be endorsed on the licence, if the Commission determined the licensee had breached obligations under the Act.
Stephen Burke, director of the corporate entity that held the licence, put forward mitigation in his defence of the charges. He proffered that he had not previously held a liquor licence and found himself on a ‘steep learning curve’, and that the training and handover period promised by the previous operator had not eventuated.
He also cited that a partner in the business left after eight days, that the venue’s CCTV had been upgraded in July, and that assaults that had occurred were not a result of mismanagement, but merely ‘human nature’.
On 13 February, three VCGLR Commissioners found the particulars proven and decided to disqualify both the licensee (SP Burke P/L) and director Stephen Burke from holding a liquor licence for five years, effective immediately. The freehold owner was also endorsed as the name upon the licence.
“The risk of harm to which the public is exposed through the Licensee’s operation of the Licence has included exposure to physical assaults, exposing minors to environments where liquor is consumed, supplying liquor to intoxicated persons and permitting intoxicated persons to remain on the Premises,” offered Adam Ockwell, VCGLR compliance director, of the decision.
“If the Licensee demonstrates an inability to comply with the conditions of the Licence and to effectively manage the Premises, this gives evidence to support the argument that the Licensee is not a suitable person to hold the Licence.”
The VCGLR is an independent regulatory authority. In FY19 it undertook over 11,750 liquor inspections in Victoria.
