Commissioner for Fair Trading v 11 Lonsdale Pty Ltd t/a Assembly (Occupational Discipline)

The case before the Court involved the Commissioner for Fair Trading and 11 Lonsdale Pty Ltd, trading as Assembly, in relation to a liquor license held by the latter. The dispute centred on multiple breaches of the conditions attached to the license, particularly the failure to adhere to an approved risk-assessment management plan. The Court was tasked with determining whether the proposed consent orders submitted by the parties were appropriate to address the breaches.

The primary legal issue before the Court was whether the consent orders proposed by the Commissioner and Assembly were suitable for resolving the multiple breaches of the liquor license. This involved assessing whether the proposed orders were sufficient to ensure compliance with the licensing conditions in the future and whether they provided an appropriate remedy for the breaches that had already occurred.

The Court found that the consent orders were appropriate given the circumstances of the case. It took into account the nature and seriousness of the breaches, the history of compliance with the license conditions, and the efforts made by Assembly to rectify the issues. The Court was satisfied that the proposed orders would provide adequate oversight and would help prevent future breaches, thereby ensuring the protection of public interest and maintaining the integrity of the licensing system. As a result, the Court made the consent orders, which included specific conditions and requirements for Assembly to comply with going forward.