Commissioner for Fair Trading v Mojoe Enterprises Pty Ltd ACN 632 920 560 (Occupational Discipline)

In the case of Commissioner for Fair Trading v Mojoe Enterprises Pty Ltd ACN 632 920 560, the Commissioner for Fair Trading sought disciplinary action against the respondent, a liquor licensee, for multiple contraventions of the Liquor Act and the Liquor Regulation 2010. The respondent operated a nightclub in Civic between August 2019 and November 2021 and was found to have breached its obligations in several respects, including failing to retain CCTV footage, not maintaining a security register, inadequate patron counting systems, and failing to report incidents within the required timeframe.

The primary legal issue before the tribunal was whether the proposed consent orders for occupational discipline were appropriate. Given the respondent's agreement to the terms, the tribunal focused on whether the orders reflected the agreed terms and were suitable under the relevant legislation. The tribunal had to consider various factors, such as whether the respondent took reasonable steps to avoid the contraventions, the impact of the contraventions, and the likelihood of future non-compliance.

In reaching its decision, the tribunal noted that the respondent had not been subject to previous disciplinary action and that the proposed orders addressed all the issues raised by the Commissioner. The tribunal found the public reprimand, which referred to the respondent without naming the premises, to be appropriate given the respondent's impending sale of the business. The one-day suspension of the respondent’s licence was considered suitable due to the imminent cessation of operations by the respondent. The financial penalty and the condition to retain CCTV footage for 21 days were also deemed appropriate, serving as deterrents and ensuring compliance with the liquor laws. The tribunal concluded that the proposed consent orders were suitable and appropriate, and therefore granted them.

The final orders included a public reprimand of the respondent, a one-day suspension of the respondent's licence, a requirement to amend the liquor licence to include a condition to retain CCTV footage for 21 days, a financial penalty of $7,000, and the vacating of two scheduled hearings.