Liquor Licensing Act 1997
Undertaking given to the Liquor and Gambling Commissioner for the purposes of s 119A(1) of the Liquor Licensing Act 1997 by:
8 Diamonds Pty Ltd
Ms Ly Thi Truc TRAN
Persons Giving This Undertaking
- This Undertaking is given to the Liquor and Gambling Commissioner (the Commissioner) by 8 Diamonds Pty Ltd (ACN 164176845) and Ms Ly Thi True TRAN of 3 Monmouth Street RIDLEYTON SA 5008, in the State of South Australia for the purposes of section 119A(1)(ii) of the Liquor Licensing Act 1997 (“the Act”).
2. 8 Diamonds Pty Ltd, ACN: 164176845 is the Licensee for the Phonatic Restaurant (“Phonatic”), approved under the Liquor Licensing Act 1997, Licence number 50628052 .
3. Ms Ly Thi Truc Tran is the Director for the Licensee 8 Diamonds Pty Ltd.
Conduct of Concern
4. On 10 April 2017, an event known as “Dante’s all Male Revue” was advertised on the facebook Events This event was scheduled to be held at Phonatic on Saturday 15 April 2017. This advertisement promoted that entertainment that would be provided and stated the associated admission fees contrary to condition 10 of the Restaurant Licence which states:
”The premises will not promote themselves as an entertainment venue, collect door charges or create queues for patrons waiting to enter the premises”.
5. The Licensee was issued a warning letter on 16 November 2016 for similar conduct.
6. As a result of the conduct set out in paragraph 4 the Licensee has failed to comply with the conditions of the Restaurant Licence in accordance with the requirements of section 45(a) of the Act.
7. On 15 April 2017 an event known as “Dante’s all Male Revue” was held at Phonatic . This event involved the provision of prescribed entertainment , namely entertainment of a sexually explicit nature. The licensee did not have the consent of the Commissioner to provide such entertainment and therefore contravened section 105(2) of the Act.
Contraventions of the Liquor Licensing Act 1997
8. The Commissioner considers, and the Licensee acknowledges, that by engaging in the conduct described in paragraph 3, the Licensee has contravened:
8.1 Section 45(a) of the Act; and
8.2 Section 105(2) of the Act.
9. The Commissioner considers, and Ms Tran acknowledges, that Ms Tran is vicariously liable for the actions of the Licensee pursuant to s 134 of the Act.
10. Upon being made aware of the Commissioner’s concerns, the Licensee:
10.1 Indicated a willingness to enter into an undertaking with the Commissioner pursuant to section 119A of the Act;
10.2 Ceased advertising events outside of its licence conditions;
10.3 Removed all existing advertising of the events listed.
11. Will not provide prescribed entertainment without the appropriate consent.
12. The Licensee undertakes to:
12.1 Comply with all of the conditions of the Licence, including not advertising events outside of its licence conditions; and
12.2 Not use any part of the licensed premises for the purposes of providing prescribed entertainment without the consent of the Commissioner
13 Ms Tran undertakes that, as sole director of the Licensee, she will ensure that the Licensee complies with the undertakings in 12.1 and 12.2.
Commencement of Undertaking
14. This undertaking comes into effect when:
14.1 The undertaking is executed by the Licensee and Ms Tran; and
14.2 The Commissioner accepts the undertaking so executed (‘the commencement date’).
15. The Licensee and Ms Tran acknowledge that:
15.1 CBS may make this Undertaking publicly available including by publishing it on the CBS public register of Undertakings and on its website; and
15.2 CBS may, from time to time, make public reference to the Undertaking including in news media statements and in CBS publications.