The ACT Commissioner for Fair Trading recognises that the ACT Civil and Administrative Tribunal has published a decision relating to occupational discipline for Mojoe Enterprises Pty Limited, trading as a Nightclub in Civic, for contraventions of the Liquor Act 2010 and Regulation 2010.
On 20 September 2021 the Commissioner instituted proceedings seeking administrative judicial orders on an application for Occupational Discipline under the Fair Trading (Australian Consumer Law) Act 1992 (ACT) against Mojoe Enterprises Pty Limited for alleged multiple contraventions of the Liquor Act 2010 (the Liquor Act) and Liquor Regulation 2010.
The consent orders issued by the ACT Civil and Administrative Tribunal (ACAT) include, among other actions, a public reprimand, financial penalty in respect of the admitted contraventions and temporary licence suspension for 24 hours - meaning the venue could not sell or supply liquor for a day.
The contraventions alleged by Access Canberra included failure to:
- apply the venue's Risk Assessment Management Plan;
- adhere to storage obligations of CCTV footage;
- maintain the security sign-in register; and
- comply with occupancy loading requirements.
ACAT ordered by consent that:
- the licensee be publicly reprimanded;
- the licensee enter into an undertaking concerning the steps that the respondent will take to minimise the likelihood of further contraventions;
- the Respondent's licence be suspended for one day;
- the Respondent pay a penalty of $7,000 to the Australian Capital Territory; and
- the Respondent's liquor licence be amended to include a condition to retain CCTV footage for a particular period of time.
Executive Branch Manager, Fair Trading and Compliance, Mr Josh Rynehart, said that the outcome demonstrated the ACT Government's ongoing focus of supporting harm minimisation and community safety by ensuring licensed venues adhered to their obligations under the Liquor Act.
"Licensed venues must adhere to their legal requirements and ensure compliance with their venue's Risk Assessment Management Plan (RAMP) at all times to support public safety," he said.
"This ruling sends a strong message to licensees about the possible serious ramifications of failing to comply with their obligations."
