The Hospitality Messenger - 18 July 2017

Liquor Commission decision confirms need for supporting evidence.

In a recent decision of the Liquor Commission, in relation to an application to vary the conditions of a licence, it was determined that the applicant’s case was not supported by sufficient or probative evidence and as a result the Commission refused to find in favour of the applicant.

It is not enough for an applicant to make submissions and claim certain things about their business or their customers without proof.

The case, which related to Squires Fortune in Scarborough, also confirmed the long established principle that private and commercial interests of parties in relation to liquor licensing are irrelevant. The public interest is paramount.

The full decision can be accessed here.

ALERT: Licensing authority policy change

On 26 June 2017, the licensing authority amended its important and well known policy regarding responsible promotion of liquor to include references to social media. The policy provides that it is unacceptable for licensees to do the following:

  • Offer, provide or distribute promotional cards, vouchers or incentives away from the licensed premises or conduct any other form of advertising, including by social media, that provides free or discounted drinks.

Click here to access the full, revised policy.

Cyber attacks are on the rise. Are you ready if it happens to your business?

Would your business cope without access to internet or computer systems? For most organisations, most likely yours included, it is critical infrastructure.

Businesses from big to small were hit again at the end of June by another ransomware cyber attack that wreaked havoc on both employees and customers.

Computer systems and digital files were locked by the virus that was spread by the perpetrators, who demanded payment of bitcoin currency for access to be returned.

Is your business ready to withstand future cyber attacks? Click here to read Lavan’s recent article for tips.

We have people with expertise in these issues, including Nick Stagg, partner in Lavan’s Litigation & Dispute Resolution Team. Nick can be contacted directly on 9288 6971 / nick.stagg@lavan.com.au, or the Liquor, Hospitality and Events team would be happy to introduce you to Nick.

Liquor Commission critical of Director of Liquor Licensing

In a recent decision of the Commission, it stated that it “has noticed a trend in decisions made at first instance to be based on irrelevant considerations and appellate decisions determined under previous legislation and has drawn attention to these errors, so that future applications will be determined properly according to the Act as it currently stands”. Read the full decision here.

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Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.