In the recent decision of the Director of Liquor Licensing in respect of the application for Cellarbrations at Northbridge, the Director noted the following:
“In questioning the probative value of the applicant’s consumer surveys, the Commissioner [of Police] provided a statement from one of the supposed respondents who stated that he did not complete the survey form as submitted, and his signature on the survey form has been forged.”
The Director did not make formal findings in relation to the forgery and it is not known if action has subsequently been taken against the applicant.
The outcome of the application for the new liquor store licence was a refusal and the Director found:
The full decision can be read by clicking here.
This month the Liquor Commission handed down a long-awaited decision in respect of s117 complaints by neighbours of the Moody Cow Brewery in the Ferguson Valley regarding alleged noise and disturbance related issues. The complaints were dismissed.
The Commission found positively in respect of the actions of the licensee and stated that those actions were actually “indicative of the licensee having regard to the environment in which the business operates and endeavouring to…balance interests of the business…and…the neighbourhood”.
In respect of most of the complainants, the Commission found their evidence to be “far from persuasive”.
The Commission went on to conclude that the noise disturbances alleged are, neither “individually or collectively, unduly offensive, annoying, disturbing or inconvenient”.
This Commission’s decision confirmed the determination previously made by the Director of Liquor Licensing in respect of the same complaints.
The full decision is available here.
Special facility licences (SFL) are very… special! Under the current law they are difficult to obtain and potentially harder to vary. People seeking a new SFL or to vary one should handle the application carefully to avoid a disappointing result.
On 8 August 2017 the Alcohol Advertising Review Board upheld a complaint against an advertisement for Canadian Club on a bus stop near the corner of Charles Street and Scarborough Beach Road in North Perth.
The Board considered a complaint received from someone who saw the ad around 6pm on 17 July 2017 and who stated in the complaint that “[t]his is a really busy intersection, the bus stop was outside a McDonalds and there are several primary schools within 1km of the bus stop. There is no doubt that many children and young people would see the ad.”
The Board determined that “[t]he advertisement contravened section (7) of the Placement Code, on the basis that the advertisement was placed on a bus stop and many children would be exposed to it. A Panel member believed that an alcohol ad on a bus stop within 1km of a school was too close.” The Board requested that “further action” be taken such that “the Advertiser cease using public transport-related locations to advertise their products due to likely exposure of young people.”
The full decision can be accessed here.
Restaurant licensees must ensure that their business is at all times predominantly a supplier of substantial meals, in compliance with requirements associated with restaurant licences under the Act and conditions of the licence, including the supply of liquor being subordinate to the supply of meals at all times.
The licensing authority recently issued a restaurant licensee with a notice to show cause under the Act why a long list of restrictive conditions should not be imposed on the licence to address drinking on the premises in circumstances not suitable for a restaurant licensed premises and other alleged breaches. One of the proposed conditions involves a requirement that liquor only be supplied 30 minutes before or after a meal.
In 2017 we have a 100% success rate for applications that we have prepared. In terms of new licences we have obtained approvals for our clients in respect of four new liquor store licences, four taverns, three special facility licences, two hotels, two restaurants and a cellar door, so far this year.
To read more articles in this month's publication of The Hospitality Messenger, click here.
