COMMISSIONER for FAIRT TRADING & HIPPO PROJECTS PTY LTD T/AS HIPPO BAR (Occupational Discipline)

[2013] ACAT 37

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

The Commissioner for Fair Trading v Hippo Projects Pty Ltd t/as Hippo Bar (Occupational Discipline) [2013] ACAT 37

OR 10 of 2013

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:               Liquor Act 2010, s 127

Tribunal:                  Ms L. Crebbin, General President

Date of Orders:         24 May 2013              

AUSTRALIAN CAPITAL TERRITORY          )

CIVIL AND ADMINISTRATIVE TRIBUNAL )          NO:  OR 13/10

RE:THE COMMISSIONER FOR FAIR TRADING

Applicant

AND:HIPPO PROJECTS PTY LIMITED t/as HIPPO BAR

Respondent

Tribunal                  :Ms Linda Crebbin, General President

Date of Order         :          24 May 2013

On considering the application and the admissions of the respondent licensee, the Tribunal is satisfied that the respondent contravened section 127 of the Liquor Act 2010 on 24 November 2012 and again on 8 December 2012 and that consequently, there are grounds for occupational discipline in relation to the respondent.

ORDERS

1.   The respondent is publically 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 a further contravention of section 127 of the Liquor Act 2010, including the provision of training for, and the giving of written directions to, permanent and casual employees and the adoption of relevant opening and closing procedures.

3.   A copy of the written undertaking is to be filed with the tribunal by 28 June 2013.

4.   The respondent is to pay an amount of $1,000 to the Australian Capital Territory in respect of the contravention that occurred on 24 November 2012.

5.   The respondent is to pay an amount of $2,000 to the Australian Capital Territory in respect of the contravention that occurred on 8 December 2012.

6.   The stated amounts are to be paid in instalments as follows:-

(a)        an amount of $1,000 is to be paid by 28 June 2013;

(b)an amount of $1,000 is to be paid by 31 July 2013;

(c)an amount of $1,000 is to be paid by 30 August 2013.

Ms L Crebbin

General President

AUSTRALIAN CAPITAL TERRITORY          )

CIVIL AND ADMINISTRATIVE TRIBUNAL )          NO:  OR 13/10

RE:THE COMMISSIONER FOR FAIR TRADING

Applicant

AND:HIPPO PROJECTS PTY LIMITED t/as HIPPO BAR

Respondent

Attachment A – Public Reprimand

Hippo Projects Pty Ltd trading as Hippo Bar: The ACT Civil and Administrative Tribunal (ACAT) has found that you contravened section 127 of the Liquor Act 2010 on 24 November 2012 and again on 8 December 2012 when you did not comply with your approved risk-assessment management plan by failing to ensure that the emergency exit of the premises that you occupy was unimpeded. 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 unimpeded 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 24 November 2012 and again, after this contravention had been drawn to your attention by officers of the respondent, on 8 December 2012.

ACAT acknowledges that you immediately accepted that the contraventions occurred, that you expressed regret for the contraventions, that you took steps to reduce the likelihood of a similar contravention after 8 December 2012 and that you plan to take further steps when the premises re-open in the near future. 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 L Crebbin

General President