This page summarises the prosecutions for the 2019-2020 financial year.
This prosecution relates to the restaurant owned and operated by 9S Food Pty Ltd (A.C.N. 621 242 779) (the Defendant), trading as “9S Food, We Are Nice”, situated at 308 Sturt Street, Ballarat (the Premises).
On 23 June 2018, VCGLR Inspectors attended the Premises and observed liquor sold and exposed for sale by the Defendant. At this time, the Defendant held a BYO Permit but did not hold a liquor licence permitting the sale of liquor.
On 5 August 2019 in the Ballarat Magistrates' Court, the Defendant pleaded guilty to one charge of unlicensed sale of liquor, contrary to section 107(1) of the Liquor Control Reform Act 1998.
The Magistrate ordered the accused to pay a fine of $500 and the VCGLR's costs of $284.40.
On 12 May 2018, VCGLR Inspectors attended a premises located at 2/71 Wicklow Avenue, Croydon trading as Envy Cocktail Lounge and observed liquor being sold and offered for sale by Envy Cocktails Pty Ltd the director of that company. At no time did Envy Cocktails Pty Ltd or its director hold a liquor licence permitting the sale of liquor or the display of liquor for sale.
The prosecution alleged that the Envy Cocktails Pty Ltd, operating as a cocktail bar, sold and offered liquor for sale while unlicensed, between 5 August 2017 and 12 May 2018. Envy Cocktails Pty Ltd was charged for selling liquor contrary to s.107 of the Liquor Control Reform Act 1998 (the LCR Act) and offering liquor for sale contrary to s.107 of the LCR Act.
The director of Envy Cocktails Pty Ltd was charged with selling liquor on 12 May 2018 while unlicensed, contrary to s.107 of the LCR Act.
A hearing took place on 11 July 2019 at the Ringwood Magistrates' Court which neither defendant attended. The VCGLR made application to the Magistrate to determine each matter in the absence of the defendants.
The Magistrate ordered that the Envy Cocktails Pty Ltd be convicted of the unlicensed sale and offer of liquor, that they pay a fine of $2,500.00, the VCGLR’s costs of $100.00 and statutory costs of $127.40.
The Magistrate also ordered that the director of Envy Cocktails Pty Ltd be convicted of the unlicensed sale of liquor, that he pay a fine of $3,500.00, the VCGLR’s costs of $100.00 and statutory costs of $84.40.
The penalty is on the higher end of those imposed by the Magistrates’ Court in recent times for an LCR Act offence. It demonstrates the importance of ensuring that a premises is licensed prior to the commencement of trading or taking a business.