Commissioner for Fair Trading v The Australian National University Union Inc. Trading as Australian National University Bar (Occupational Discipline)

[2015] ACAT 32

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

COMMISSIONER FOR FAIR TRADING v THE AUSTRALIAN NATIONAL UNIVERSITY UNION INC. TRADING AS ANU BAR (Occupational Discipline) [2015]  ACAT 32

OR 14/46

Catchwords:             OCCUPATIONAL DISCIPLINE - liquor licence - contravention of Act - failure to comply with risk-assessment management plan - emergency exit impeded  - grounds for occupational discipline orders  - public reprimand  - undertaking - payment

Legislation cited:      Liquor Act 2010 s 127

Tribunal:                  Ms M-T. Daniel - Member

Date of Orders:                  20 March 2015

Date of Publication:           16 April 2015

AUSTRALIAN CAPITAL TERRITORY           )  OR 14/46
CIVIL & ADMINISTRATIVE TRIBUNAL       )

BETWEEN:

COMMISSIONER FOR FAIR TRADING

Applicant

AND:

THE AUSTRALIAN NATIONAL

UNIVERSITY UNION INC T/AS ANU BAR

Respondent

TRIBUNAL:            Ms M-T. Daniel – Member

DATE:  20 March 2015 

1. The respondent is publicly reprimanded in the terms set out in ‘Attachment A’.

2. The respondent is to give a written undertaking to the applicant concerning the steps it will take to minimise the likelihood of future contravention of section 127 of the Liquor Act 2010, including;

   (a)     a review of the RAMP to make more clear the frequency and content of training and induction of permanent and casual employees’ in relation to fire safety; and

   (b)   a review of documents and processes for such training and induction to highlight issues of safety.

3. A copy of the written undertaking is to be filed with the Tribunal by 20 April 2015.

4. The respondent is to pay an amount of $1,000 to the ACT in respect of the contravention which occurred on 16 October 2014. Payment is to be made to the ACT Civil and Administrative Tribunal by 20 April 2015.

5. The respondent is to pay an amount of $2,000 to the ACT in respect of the contravention which occurred on 29 October 2014. Payment is to be made to the ACT Civil and Administrative Tribunal by 20 April 2015.

   Signed ........................................

   Ms M-T. Daniel

   Member

   ATTACHMENT ‘A’

   The ACT Civil and Administrative Tribunal (ACAT) has found that you contravened section 127 of the Liquor Act 2010 on 16 October 2014 and again on 29 October 2014 when you did not comply with your approved risk-assessment management plan by failing to ensure that an emergency exit of the premises that you occupy was able to be used. The contraventions are grounds for discipline.
   The contraventions are a serious breach of your responsibilities as a liquor licence holder. The granting of a licence to sell liquor on premises is a privilege that carries with it a responsibility to ensure that premises are safe by, amongst other things, ensuring that emergency exits are functional so that patrons can be safely evacuated in the event of a fire or other emergency. You failed to meet your responsibility in this regard on 16 October 2014 and again, although this contravention had been drawn to your attention by officers of the respondent, on 29 October 2014.
   ACAT acknowledges that you immediately accepted that the contraventions occurred, that you expressed regret for the contraventions, that you took steps by making physical changes to the exit door after 29 October 2014 and that you plan to take further steps to educate and train staff in the importance of fire safety egress. These actions do not excuse the contraventions, however they demonstrate that you recognise the importance of the responsibilities of a licensee.
   The actions have led ACAT to make orders for you to be disciplined by this public reprimand, by a requirement that you give a written undertaking to the respondent and by a requirement that you pay amounts totalling $3,000 to the Australian Capital Territory.

   Ms M-T. Daniel

   Member

   HEARING DETAILS

FILE NUMBER:	OR 14/46
PARTIES, APPLICANT:	Commissioner for Fair Trading
PARTIES, RESPONDENT:	The Australian National University Union
REPRESENTATIVE FOR APPLICANT	Mr Coleman
REPRESENTATIVE FOR RESPONDENT	Mr Harkins
TRIBUNAL MEMBERS:	Ms M-T Daniel - Member
DATES OF HEARING:	20 March 2015