Two companies in Queensland, that have the same director, have been fined a total of $90,000 after charges over selling liquor without the authority of a licence or permit.
The company Boutique Pub Co Ltd was fined $40,000 for breaching section 169 of the Liquor Act by selling liquor at the Florence Public House in Toowoomba when no licence or permit was in place.
The other company Thirsty Occasions Pty Ltd was also fined $50,000 for carrying out the same offence at The Oxford Garden in Bulimba.
Acting Executive Director for the Office of Liquor and Gaming Regulation (OLGR) Mr Brian Bauer said investigators at the regulator were alerted to both issues when they discovered that the new owners, who bought the businesses in July 2018, did not have a liquor licence in place.
“By law, if a new business owner wants to continue selling liquor at a venue previously licensed they can apply to the OLGR to conduct business on the premises on an interim basis while they transfer the licence, or lodge an application for a new type of licence with the OLGR,” Bauer said.
The OLGR executed a search warrant at Florence House and Oxford Garden, which allowed investigators to detail how liquor had been sold at both premises while no licence was in place.
“At Florence House they found a sales summary that showed $177,768 worth of liquor had been sold from 25 July to 23 November 2018 when no licence or permit was in place,” Bauer added.
“The company director also provided OLGR with a sales summary from Oxford Garden showing sales of $354,532 of liquor had also been sold without a licence or permit from 11 July to 26 November 2018.
“Despite recommendations from OLGR Investigators that liquor should not be sold at the premises until such a time that they had the correct authority in place, both companies continued trading for several days until the authority of a licence on an interim basis was applied for and approved while OLGR continued their investigations.”
Bauer also reminded licensees in the state that the due date of 31 July for annual licence fees is looming. He added that these successful prosecutions were a timely reminder that selling liquor without the appropriate licence or permit was illegal.
“At this time every year we collect annual licence fees and unless an agreement has already be made with us to pay in instalments, licensees who fail to pay by 31 July will have their liquor and gaming licence suspended and if not paid within 28 days of suspension, will have their licence cancelled” he said.
“If a licensee is found by us to be selling liquor while their licence is either suspended or cancelled, they may be subject to an infringement notice, prosecution or disciplinary action.”