We prepare and publish decisions and reasons for decisions in relation to certain liquor applications and disciplinary action proceedings.
On 10 January 2020, the Commission handed down its decision in the matter of an application by Fortress Melbourne Pty Ltd under section 153 of the Liquor Control Reform Act 1998 for internal review of a decision to refuse to grant an application for a late night (on-premises) licence for the premises proposing to trade as Fortress Melbourne Pty Ltd, located at Shop LG 25, Emporium Melbourne, 295 Lonsdale Street, Melbourne.
The Commission determined to set aside the decision of the Delegate and grant the licence, subject to the conditions set out in Appendix A.
The Reasons for Decision were released on 31 January 2020.
For a full copy of the decision, download Liquor decision - internal review - Fortress Melbourne Pty Ltd.
On 13 February 2020, the Commission handed down a decision in relation to an inquiry into whether there were grounds to take disciplinary action against a licensee and whether to take disciplinary action under Part 6 of the Liquor Control Reform Act 1998 if grounds exist.
The licensee is body corporate SP Burke Pty Ltd (A.C.N. 624 692 333), the holder of licence no. 31900392 and trading as the Ararat Hotel at 130 Barkly Street, Ararat.
The Commission has determined that there are grounds for disciplinary action against the Licensee in accordance with section 93(1) of the LCR Act and has determined to:
(a) Disqualify SP Burke Pty Ltd from holding a licence or BYO permit for five years, from 13 February 2020 until 13 February 2025, in accordance with section 93D(1);
(b) Disqualify Stephen Burke for a period of five years, from 13 February 2020 until 13 February 2025, in accordance with section 93D from:
• holding a licence or BYO Permit;
• being a director in any body corporate that holds a licence or BYO permit;
• being a partner in any partnership that holds a licence or BYO permit;
• having a beneficial interest (whether directly or indirectly) in the shares of any body corporate that holds a licence or BYO permit; and
• in any way (whether directly or indirectly) taking part in, or being concerned in, the management of any licensed premises or a body corporate that holds a licence or BYO permit or any licensed club.
(c) Endorse the licence held by SP Burke Pty Ltd with the name of the owner, Willfamco Pty Ltd, in accordance with section 93E(1).
For a full copy of the decision and reasons for decision, download liquor disciplinary action inquiry - SP Burke Pty Ltd