Your Western Australian liquor licensing, hospitality, event and related industries news and information presented by Lavan.
Under Liquor Control Regulations 1989, from 1 July 2018, a person employed or engaged as a crowd controller in respect of licensed premises (other than licensed premises under an occasional licence where the patron capacity is less than 300) is required to successfully complete liquor licensing training.
Illusion Bar & Nightclub in Victoria was recently ordered to pay $114,113.28 in licence fees, interest, court costs and additional damages for infringement of the Commonwealth Copyright Act 1968 for performing controlled musical compositions without a licence. The judge found that the infringement “constitutes a serious breach of copyright” as well as “a complete and deliberate disregard of Australasian Performing Right Associated Limited rights” noting there is a “need to effect deterrence against similar infringements of copyright.”
You can access the full decision here.
On June 2017 the Director of Liquor Licensing published a Notice in the Government Gazette relating to the interpretation of ETP conditions regarding crowd controllers.
The following now applies:
...each relevant extended trading permit with a crowd controller condition is subject to a condition that the licensee is not required to comply with the crowd controller condition in relation to a particular set of the extended hours that are specified in the permit if --
(a) the licensee does not intend to sell or supply liquor during that set of extended hours; and
(b) the licensee makes a written record of that intention before the 8pm occurring immediately before the beginning of that set of extended hours; and
(c) liquor is not sold or supplied on the licensed premises during that set of extended hours.
Convictions of most varieties need to be disclosed to the licensing authority. These include those that are traffic related, even if only a fine, or no fine, was imposed.
People who fail to properly disclose convictions to the licensing authority, and who are required to do so, can be liable to action under the liquor legislation.
Whether or not convictions are properly disclosed, a person who has been convicted of certain offences can sometimes find it difficult to persuade the licensing authority that they are “fit and proper” to be involved with a liquor licence and some are refused approval.
Recently in New South Wales an individual convicted of cannabis offences was ruled not “fit and proper”. The same result could potentially occur in Western Australia.
However, the fact that someone has a conviction and may have even served prison time, does not necessarily mean that person will automatically be found not “fit and proper”. That person could still potentially be approved by the licensing authority. It will depend on various circumstances.
If a person who is found not “fit and proper” is the sole licensee, or sole director of a licensee company, or the main active director, the consequence of such a finding could potentially be very damaging and even fatal to the business.
A person who has been approved by the licensing authority and subsequently is convicted of any offence must notify the licensingauthority within 14 days of being convicted, or a penalty of up to $10,000 may potentially be imposed.
Fromage Artisans - Lavan is proud to have been involved in obtaining approval for Perth’s first licensed fromagerie located in the basement level of 101 St Georges Terrace.
Aloft Hotel - We are also pleased to have assisted in obtaining approval for extended trading hours past midnight for the Aloft Hotel in Rivervale.
To read more articles in this month's publication of The Hospitality Messenger, click here.
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