Robert Johnson Vineyards – undertaking

South Australia’s consumer watchdog has warned wineries and cellar doors to adhere to their obligations under the Liquor Licensing Act 1997 (SA), after a cellar door in the Adelaide Hills allegedly sold wine without a licence.

UNDERTAKING
Liquor Licensing Act 1997
Section 119A(1)

Undertaking given to the Liquor and Gambling Commissioner for the purposes of section 119A(1) of the Liquor Licensing Act 1997 by:

Robert James Johnson

Persons giving this undertaking

1. This undertaking is given to the Liquor and Gambling Commissioner (“the Commissioner”) by Robert James Johnson of 125 Bartschs Road, Eden Valley in the State of South Australia for the purposes of section 119A(1) of the Liquor Licensing Act 1997 (“the Act”) .

Background

2. Robert James Johnson (“the licensee”) is a natural person.

3. The licensee has held a Producer’s Licence, number 50804690 (“the licence”), pursuant to Section 39 of the Act since 19 November 1998 in respect of the premises known as Robert Johnson Vineyards.

4. The premises address on the licence is listed as 2/59 Bridge Street, Kensington in the State of South Australia .

Conduct of concern

5. From 30 January 2016 to 25 February 2017 the licensee sold his wine produce from a cellar door located at 3C Main Street, Lobethal in the State of South Australia in circumstances in which the licensee did not hold any licence or authorisation under the Act to sell liquor from the cellar door.

Contraventions of the Liquor Licensing Act 1997

6. The Commissioner considers, and the licensee acknowledges, that by engaging in the conduct described in paragraph 5, the licensee contravened section 46(1) of the Liquor Licensing Act 1997.

7. The Commissioner considers that there is proper cause for disciplinary action pursuant to section 119(1)(b)(i) of the Act on the basis that the licensee sold or supplied liquor contrary to the Act or without proper authority under the Act.

8. Upon being made aware of the Commissioner’s concerns, the licensee:

8.1. Agreed to provide an undertaking to the Commissioner pursuant to Section 119A(1) of the Act;

8.2. Indicated a willingness to ensure future compliance with sections 46(1) and 119(1)(b)(i) of the Act.

Undertaking

9. The licensee undertakes to ensure that his wine produce will only be sold or supplied with proper authority under the Act in compliance with sections 46(1) and 119(1)(b)(i) of the Act.

10. The licensee undertakes to obtain authorisation under the Act for any operational change to his business, including submitting any required application for a new licence or to have the licence altered.

Commencement of undertaking

11. This undertaking comes into effect when :

11.1. The undertaking is executed by the licensee; and

11.2. The Commissioner accepts the undertaking so executed .

Acknowledgments

12. The licensee acknowledges that:

12.1. CBS will make this undertaking publicly available including by publishing it on CBS’ public register of undertakings on its website;

12.2. CBS will , from time to time, make public reference to the undertaking including in news media statements and in CBS publications; and

12.3. This undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct.

Executed as an undertaking

Executed by the licensee, Robert James Johnson.

Signed undertaking (PDF 112/KB)

Statement (PDF 92KB)


Public warning issued against SA builder – media release

South Australia’s consumer watchdog has issued a public warning against building company Fenbreeze Homes Pty Ltd and sole director Joseph Biju Kavilpurayidathil – on the basis they allegedly accepted payment for services they failed to deliver, and provided fake building indemnity insurance certificates to some of its clients.

Commissioner for Consumer Affairs Dini Soulio said Consumer and Business Services has also cancelled the building work contractor’s licence for the business, which is based in Ferryden Park, and Mr Kavilpurayidathil after numerous complaints from clients

Media release – public warning issued against SA builder (PDF 91KB)

Public warning notice (PDF 66KB)


Strong penalty for builder who left clients ‘high and dry’ – media release

An unlicensed builder who took more than $60,000 in deposit payments from clients for work that was never started and his business have been fined $70,000 and ordered to pay compensation in excess of $80,000 for breaches of the Australian Consumer Law and the Building Work Contractors Act 1995.

In addition to the penalties, 56 year old Michael Carl Butson of Smoky Bay has also been disqualified from managing a corporation for eight years, after he and his business Morgan Retaining Walls, admitted to accepting payment for goods and services that were not supplied and accepting authorised payments.

Media release – Strong penalty for builder who left clients ‘high and dry’ (PDF 141KB)


Penalty welcomed for unlicensed builder – media release

South Australia’s consumer watchdog has welcomed the penalty and compensation totalling more than $25,000 imposed on an unlicensed builder who took money from two clients for work he never completed, before changing his business name to avoid detection by authorities.
In the Elizabeth Magistrates Court, 28 year old Simon Alan Maylin of Elizabeth Downs admitted to breaches of the Australian Consumer Law and the Building Work Contractors Act.
The court heard Maylin accepted a payment of $9120 for paving work that was never begun.

Media release – Penalty welcomed for unlicensed builder (PDF92KB)


Takata airbags – compulsory recall proposed

A compulsory recall of all vehicles with defective Takata airbags has been proposed, following a safety investigation by the Australian Competition and Consumer Commission (ACCC).

Faulty Takata airbags have caused serious injuries and deaths. A design flaw with the inflator components means that they may deteriorate and misdeploy in an incident, causing metal fragments to propel out of the airbag.

A voluntary recall by suppliers has been in place since 2009, however only 38% of affected vehicles have had airbag inflators replaced. This leaves more than 1.5 million vehicles with potentially dangerous Takata airbags still on the road, putting consumers at risk.

Consumers are strongly urged to check whether their vehicle has been recalled to replace defective Takata airbags. The recall affects a large number of car makes and models, and a small number of motorcycles and trucks.

It is critical that drivers with alpha airbags installed take immediate steps to have the airbags replaced as these pose the highest safety risk. Drivers with other recalled airbags should arrange for them to be replaced as soon as possible.

More information about the consultation process for the proposed compulsory recall is available at www.accc.gov.au/takata

Proposed recall notice

More information


Australia Post Keypass – new design

Australia Post have updated the design of the Keypass ID card. Make sure licensed venue staff are aware.

The Keypass card is a valid ID used to verify proof of age and identity throughout Australia and is valid for 5 years. It is a common ID used by patrons over 18 years of age to enter licensed premises or to purchase liquor.

The design of the card was updated in October 2017 and venues throughout South Australia will see patrons presenting both the old and new cards as an accepted form of ID.

Licensees need to ensure staff are aware of the change in design and the continued acceptance of both the new and old Keypass cards.

The newly released cards display the exact same identity details as the previous design including customer name, date of birth, the person’s photo, residential address and unique Keypass card number for authenticity.

Old Keypass (prior to 2/10/17)                           New Keypass (from 2/10/17)

For more information about Keypass, see the Australia Post website.

 


The Corner Bistrot – undertaking

A Leigh Street restaurant has entered into a legally enforceable undertaking with South Australia’s liquor licensing authority after allegedly breaching its licence conditions and the Liquor Licensing Act.

UNDERTAKING

Liquor Licensing Act  1997

Section 119A(1)

Undertaking given to the Liquor and Gambling Commissioner for the purposes of section 119A(1) of the Liquor Licensing Act 1997 by:

Mr Vittorio Larosa

Licensee

Person Giving this Undertaking

1. This undertaking is given to the Liquor and Gambling Commissioner (the Commissioner) by Vittorio Larosa in respect of Premises The Corner Bistrot, located at Shop 7/13 Leigh Street in the State of South Australia for the purposes of section 119A(1) of the Liquor Licensing Act 1997 (the Act).

Background

2. Mr Vittorio Larosa (the licensee) has held a Restaurant Licence pursuant to section 34 of the Act since 26 February 1998 in respect of the premises The Corner Bistrot.

Conduct of Concern

3. From 4 February 2016 to 21 May 2017 the licensee supplied liquor to patrons for consumption on a regulated premises which was unlicensed contrary to section 129(2) of the Act by supplying liquor to patrons and allowing patrons to consume such liquor in the outdoor area of the premises in circumstances in which the licensee did not hold a valid outdoor dining permit from the Adelaide City Council.

4. From 4 February 2016 to 21 May 2017 the licensee failed to properly conduct, supervise or manage the business contrary to section 119(1)(b)(viii) of the Act by allowing patrons to consume liquor in the outdoor area of the premises in circumstances in which the licensee did not hold a valid outdoor dining permit from the Adelaide City Council.

Contraventions of the Liquor Licensing Act 1997

5. The Commissioner considers, and the licensee acknowledges, that by engaging in the conduct described in paragraphs 3 , the licensee contravened section 129(2) of the Act.

6. The Commissioner considers that there is proper cause for disciplinary action pursuant to section 119(1)(b)(viii) of the Act on the basis that the business has not been properly conducted, supervised or managed in accordance with the Act or any other Act.

7. Upon being made aware of the Commissioner ‘s concerns, the licensee:

7.1 Agreed to provide an undertaking to the Commissioner pursuant to section 119A(1) of the Act;             and

7.2 Indicated a willingness to ensure that the licensee would take action to ensure future                              compliance with sections 129(2) and119(1)(b)(viii) of the Act .

Undertaking

8. The licensee undertakes to ensure that at all times when the business is open to the public, it will not supply liquor to patrons for consumption unless consumption of liquor occurs in an area approved under the licence, and in accordance with any applicable local council

9. The licensee  undertakes  to  ensure  that  the  business  will  be  properly  conducted, supervised or managed in compliance with section 119(1)(b)(viii) of the Act.

Commencement of Undertaking

10. This undertaking comes into effect when:

           10.1 The undertaking is executed by the licensee and Mr Larosa; and

           10.2 The Commissioner accepts the undertaking so executed.

Acknowledgments

11. The licensee acknowledges that:

11.1 CBS will make this undertaking publicly available including by publishing it on CBS’ public register of undertakings on its website;

11.2 CBS will, from time to time, make public reference to the undertaking including in news media statements and in CBS publications; and

11.3 This undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct.

Executed as an Undertaking

Executed by Mr Vittorio Larosa in his personal capacity as licensee.

Signed undertaking (PDF 114KB)

Statement (PDF 105KB)


Unlicensed tradesman penalised for dangerous fan installation – media release

An unlicensed tradesman whose failure to properly secure a series of ceiling fans posed a serious safety risk to his customer has been penalised more than $10,000.

In the Adelaide Magistrates Court, 51 year old Kawana Rothes George admitted to breaches of the Australian Consumer Law and the Plumbers, Gas Fitter and Electricians Act 1995.

Media release – Unlicensed tradesman penalised for dangerous fan installation (PDF 122KB)


Online employee notification system – gaming venue

Schedule 1 of the Gaming Machines Act 1992 requires gaming venues to notify Consumer and Business Services of all gaming managers and employees. The Barring and Online Employee Notification (BOEN) system is used to upload employee declaration and consent forms when complete.

Licensees are responsible for ensuring that all gaming managers and employee forms have been uploaded before starting any shifts. If a person is employed at more than one venue, the licensee of each venue needs to notify the commissioner separately via the BOEN system. Penalties apply for licensees that do not comply.

The employee declaration and consent form (form 21) (PDF 185KB) is available from the Independent Gambling Authority website together with more information about the BOEN system and how to make an application.