Case History
Lindbloms Lawyers recently acted on a high profile liquor licensing matter on behalf of its client, the Queen’s Head Hotel. The matter created significant media interest including being discussed by the Police Commissioner on the 5AA Breakfast radio program during one of his regular segments.
The matter related to a technical breach of the venue’s liquor licence on 26 January 2018 (Australia Day) at 12.37pm. The Queen’s Head Hotel is a multi-award winning hotel located in North Adelaide and in close proximity to the Adelaide Oval, and is extremely popular particular during major sporting events at Adelaide Oval. On the day in question, there was a one day cricket international between Australian and England.
Under its licence the venue is permitted to have a maximum of 6 tables and 12 chairs outside the front of the hotel and 12 patrons, and to maintain a clear path for pedestrians. Additionally patrons are required to be seated whilst consuming alcohol.
On the day in question, the venue had 13 chairs and 16 patrons outside the front of the hotel (including some standing) and there were some patrons sitting in chairs sitting across the walkway. The venue was charged for a disciplinary breach under s119(1)(b)(ii) of the Liquor Licensing Act 1997 (SA).
Disciplinary Breaches under the Act can result in a fine of up to $15,000, conditions imposed on a licence (including variation, suspension or revocation) and person including disqualification to hold a licence.
Action taken
John Lewis from Lindbloms Lawyers acted for the Queen’s Head Hotel. After an initial hearing at the Licensing Court before His Honour Judge Gilchrist, the matter was then referred to mediation.
On behalf of our client, Mr Lewis argued that the matter was of a trivial and minor nature, there was no risk to patrons and public safety, there was no evidence of any unruly behaviour and/or intoxication, and the hotel and its owners are experienced and highly regarded hoteliers. The venue also has an excellent working relationship with SAPOL.
After further consideration of the matter at the mediation held on 20 July 2018, a reprimand was issued to the venue.
Lindbloms are also working with the licensee of the Hotel regarding the future licensing requirements, particularly during major events at Adelaide Oval. This will include working closely with the Adelaide City Council and the AHA.
Need advice?
For any Liquor Licensing matters, please contact John Lewis at Lindbloms Lawyers. John is a Solicitor with Lindbloms and also a former General Manager of the AHA, and has been involved in the hotel industry for the past 25 years. He appears at the Licensing Court and the Office of Liquor and Gambling.
John can be contacted as follows:
Telephone: 83577611 Email: [email protected]