Prosecutions 2017-2018

On 5 June 2018, the Melbourne Magistrates' Court ordered Minardi Pty Ltd comply with a diversion plan after the VGCCC alleged that on 20 November 2016, it had allowed a minor on its licensed premises, contrary to section 120(1) of the Liquor Control Reform Act 1998. The Commission informed the Court that on 20 November 2016, inspectors observed a male, believed to be a minor, enter the Colonial Hotel after showing the venue's crowd controller a card purporting to be a legitimate Proof of Age card. Enquiries revealed that the Proof of Age card was indeed a fake and that the male was 17 years of age (a minor).

The Magistrate placed the following conditions on the diversion plan:

• Donate $2000 to the Royal Children's Hospital and provide the Court a receipt of payment;
• Be of good behaviour for the period of the plan; and
• Distribute a 'Proof of Age card Checklist' and provide in-person briefings to all crowd controllers and liquor staff.

On 20 January 2017, VGCCC Inspectors attended licensed premises known as Carlton Yacht Club Bar in Carlton. The licence required that the predominate activity carried on at the premises must be the preparation and serving of meals for consumption on the premises. The Inspectors observed that this condition was not being complied with. Section 108(1)(a)(iii) of the Liquor Control Reform Act 1998 requires that a licensee must not permit the consumption of liquor on the licensed premises other than in accordance with its licence.

A further inspection on 17 February 2017 found that the licence condition was again not being complied with.

Infringement Notices were issued to Bella Macchina Pty Ltd (the Licensee) for both breaches and the Licensee subsequently elected to have the matters heard and determined by a Court.

At the Melbourne Magistrates' Court on 10 April 2018, the Licensee entered a plea of guilty. The Magistrate imposed a fine in the amount of $500, without conviction.

On 26 April 2017, VGCCC Inspectors attended licensed premises in Windsor. The Inspectors observed a patron served liquor by a person who had not completed a refresher Responsible Service of Alcohol (RSA) training program within 3 years from the date he had last completed an RSA course. Section 108AC(2) of the Liquor Control Reform Act 1998 requires that a licensee ensure that any person selling, offering for sale or serving liquor on the licensed premises completes refresher RSA training within 3 years of initial RSA training.

An Infringement Notice was issued to Regal Court Pty Ltd (the Licensee) and the Licensee subsequently elected to have the matter heard and determined by a Court.

At the Melbourne Magistrates’ Court on 14 March 2018, the Licensee entered a plea of guilty. The Magistrate imposed a fine in the amount of $352, without conviction and ordered the accused pay the VGCCC’s costs in the sum of $200.

On 1 March 2018, the Dandenong Magistrates' Court ordered Greyhound Promotions Pty Ltd enter a diversion plan after the Victorian Gambling and Casino Control Commission  (the VGCCC. alleged that on 23 November 2016, it:

• had allowed a minor to gamble contrary to section 10.7.3 of the Gambling Regulation Act 2003 (GR Act)
• was a venue operator when a minor entered a gaming machine area contrary to section 10.7.6(1) of the GR Act
• was a licensee when a person under the age of 18 years was on its licensed premises whilst not in the company of a responsible adult nor for the purposes of partaking a meal nor resident of the licensed premises, contrary to section 120(1) of the Liquor Control Reform Act 1998.

The accused acknowledged responsibility for the offences and the Magistrate placed the following conditions on the diversion plan:

• the accused is to donate $26,795.21 to Springvale Benevolent Society; and
• the accused is to pay $200.00 costs to the VGCCC.

On 5 August 2016 at approximately 8.28 pm, VGCCC Inspectors attended a licensed premises located in the CBD. The VGCCC alleged the licensee had supplied liquor not in accordance with its licence contrary to section 108(1)(a)(i) of the Liquor Control Reform Act 1998, as Inspectors detected a breach of the late night (general) licence condition, which required the presence of two crowd controllers when live or recorded amplified music other than background music was provided. Inspectors observed the licensee had only one crowd controller on duty. Inspectors came back to the Premises on another two occasions during the evening, when there was still only one crowd controller on duty. 

The VGCCC consented to the Magistrates' Court adjourning the proceeding so the accused could enter a diversion program. Ding Dong Lounge Pty Ltd, through its director, acknowledged responsibility for the offence. The Magistrates' Court also thought it appropriate that the accused should participate in a diversion program.

As such, Magistrate Starvaggi ordered the accused enter a diversion plan with the following conditions:

• Donate $1,000 to the Salvation Army; and
• Pay VGCCC's costs.

The conditions of the Diversion Program were due to be complied with by 13 August 2018. However, the accused company failed to comply with the conditions and therefore the matter returned to Court for further mention on 13 August 2018. 

During the intervening period, the accused company commenced a voluntary creditor’s winding up. The liquidator, on behalf of the accused company, confirmed that the accused would plead guilty to the charge. At Court on 13 August 2018, the Magistrate found Ding Dong Lounge Pty Ltd guilty and ordered the defendant to pay a fine of $1,000, without conviction, and costs in the sum of $80.10.

On 26 June 2016, VGCCC Inspectors attended licensed premises located in the CBD. At approximately 1.45am, the inspectors observed a person, believed to be a minor, on licensed premises, contrary to section 120(1) of the Liquor Control Reform Act 1998 (LCR Act).

Inspectors accessed CCTV footage and other records which indicated that the minor had produced an evidence of age document of another person to gain entry to the licensed premises. Section 120(4) of the LCR Act provides a defence where an evidence of age document is presented that indicates that the person is of or over 18 years. However, the document produced was of a different person.

The VGCCC consented to the Magistrates' Court adjourning the proceeding so the accused could enter a diversion program. The Fiddler Pub Pty Ltd acknowledged responsibility for the offence.

As such, a Judicial Registrar ordered The Fiddler Pub Pty Ltd enter a diversion program, and imposed the following conditions on the plan:

• Donate $1,000 to the Royal Children's Hospital before 5 March 2018; and
• To be of good behaviour for the period of the plan until 5 March 2018.

Tabcorp Wagering (Vic) Pty Ltd (the offender) is the holder of a Victorian Wagering and Betting Licence. On 17 October 2015, at Caulfield Race Course, inspectors observed a male, believed to be a minor, place a wager on an EBT. Enquiries revealed that the male was 16 years of age. On 24 October 2015, at Moonee Valley Race Track, inspectors observed a male, believed to be a minor, place a wager on an EBT. Enquiries revealed that the male was 17 years of age. On 24 October 2015, at the Licoholnshire Arms Hotel (being an agent on behalf of the offender), Inspectors observed a male, believed to be a minor, place a wager on an EBT. Enquiries revealed that the male was 16 years of age. 

Legislation: 3 x gambling provider allow minor to gamble – Section 10.7.3(1) of the Gambling Regulation Act 2003 (GR Act)

Outcome: The offender indicated that it accepted responsibility for the three charges and requested the VGCCC consent to it being considered for the Diversion scheme. 

The VGCCC consented on the basis that the offender comply with the following conditions:

1. By 21 December 2017, the offender will release state-wide refresher briefing material in all of its Victorian agencies (approximately 92 agencies) licensed venues (approximately 641) in respect of potential dealings with minors (a "do's & don'ts" list).
2. By 21 October 2017, the offender will brief the VGCCC on the offender's Supervision Plan, including enhancements made.
3. By 21 December 2017, the offender will complete an EBT Supervision Plan for all Victorian live venues and racing tracks that offer EBTs, which will include (but not limited to) the offender submitting to the VGCCC two weeks prior to major race meets and events, upon a VGCCC four-week prior notice request, the proposed location of EBTs and forms of supervision of EBTs.
4. By 21 December 2017, the offender will ensure "proof of age" stamps are used at major races meets and events, and ensure the design of the stamps are annually changed.
5. By 21 December 2017, the offender will distribute the "Toolbox Talk" Program at each and every live site and race track for use at all major race meets and events.
6. By 21 December 2017, the offender will ensure an EBT Supervision Monitor Pack will be distributed to all of the offender's race day and event managers at the start of each shift with an EBT Checklist.
7. By 21 September 2018, the offender will ensure any staff member located at a live site or race track undertakes refresher training on obligations relating to minors and compliance with the GR Act. Failure by any staff member to undertake such training will result in suspension from unsupervised wagering services until completion of the training.
8. By 21 October 2017, the offender will include on its website a list of measures implemented by the offender to ensure minors are neither encouraged to gamble nor allowed to do so.

Finally, the Court ordered the offender to donate $1,000 to the Smith Family, which offers related financial/gambling programs.

The Court ordered that the offender comply with the conditions of the diversion program (being the conditions as set out above) and further the offender shall provide the VGCCC with written evidence of its completion of all aspects of the program.

Court:  Melbourne Magistrates' Court

Magistrate: Ms Ann Collins

Date of Outcome: 22 September 2017

The Melbourne Magistrates' Court found the accused guilty in relation to an offence under section 108 of the Liquor Control Reform Act 1998 for permitting the consumption of liquor on the Premises while the accused's liquor licence was ceased in force.

The accused was placed on a six-month good behaviour bond with a condition to pay $910 to the court fund. In addition the accused was ordered to pay agreed costs in the amount of $300.

Outcome: On 23 April 2016, Inspectors attended the licensed premises of a company to undertake an unannounced inspection. Inspectors observed menus, in which liquor was offered for sale and consumed by customers.

Enquiries by the Inspectors regarding the liquor licence revealed it had expired.

In response to enquiries regarding the licence, the director made admissions to counterfeiting such a document using his own computer.

Legislation: 
1 x offer liquor for sale when not a licensee – Section 107(1) of the Liquor Regulation Act 1998 (LCR Act)
1 x falsely indicate that the premises are licensed – Section 116 LCR Act

Court: Melbourne Magistrates' Court  

Penalty:

• the director: Conditional good behaviour bond for six months – Ordered to pay $200 to the Court Fund.
• the company: Adjourned to undertake the Diversion Program with a condition to pay $400 to the Court Fund.

On 7 September 2017, the Korumburra Magistrates' Court ordered San Remo Hotel Pty Ltd enter a diversion plan after the Victorian Gambling and Casino Control Commission  (the VGCCC. alleged that on 28 November 2015, it had supplied liquor to a person in a state of intoxication, contrary to section 108(4) of the Liquor Control Reform Act 1998 (the Act).

The Magistrate placed the following conditions on the diversion plan:

• To be of good behaviour for the period of the plan until 6 September 2018;
• To establish a venue management plan addressing the matters listed in the VGCCC's liquor licensing fact sheet 'Management Plan';
• Ensure all directors of the licensee and its senior managers undertake further training in relation to the responsible service of alcohol, including responsibilities and obligations under its liquor licence and the Act, and venue best practices; and
• Pay $300 for costs to the VGCCC.

On 31 July 2016, VGCCC Inspectors attended licensed premises located in Geelong. At the time of the inspection the venue was open for trade. During the inspection observations were made of liquor being sold for consumption on premises and displayed in a fridge between the counter and front window. The venue was displaying and trading under a 2015 Victorian limited liquor licence for catering at social functions and receptions.

Without conviction, a fine of $1250 was issued. Stay of 1 month until 8 September 2017.

On 15 July 2016, VGCCC inspectors attended Ezon Soundbar in Rosebud West. Inspectors detected that the manager on duty was observed to be selling liquor without having completed an RSA refresher course within three years from the date of the last completed RSA program.

An infringement was issued on 9 August 2016. The accused ultimately elected to have the matter heard in court.

At the Dromana Magistrates Court on Thursday 3 August 2017, the matter proceeded in the absence of the accused who failed to appear at court.  The Magistrate found the charge proven and sentenced the accused, without conviction, to a fine of $933 and ordered service costs in the amount of $77.

On 17 July 2016, VGCCC inspectors attended licensed premises located in Geelong. Inspectors detected a breach of an On-Premises Licence, in which the patron capacity in the smokers' area of the licensed premises was no more than 19. The licensee acknowledged the breach at the time of the inspection.

At the Geelong Magistrates' Court on 25 July 2017, the licensee entered a plea of guilty to an offence under section 108(1)(a)(i) of the Liquor Control Reform Act 1998. In ordering the licensee to undertake a 12-month good behaviour bond with a condition to pay a not-for-profit organisation $800, plus prosecution costs of $279.90, the magistrate noted there had been a clear patron safety risk associated with such a breach.