Unlicensed real estate agent agrees to additional training – assurance

A real estate agent who allegedly acted as a sales representative for a land agent while unlicensed has agreed to commence further training as part of an enforceable undertaking he has entered into with South Australia’s consumer watchdog.

Marc Olsen’s sales representative licence was cancelled in February 2017, after he failed to renew it.

An investigation by Consumer and Business Services revealed he was allegedly still entering into sales agency agreements with vendors on behalf of another land agent.

Following that investigation, Mr Olsen entered into an enforceable undertaking with the Commissioner for Consumer Affairs, agreeing to cease acting as a sales representative without a current licence and undertake three units that form part of the Certificate IV in Property Services within 12 months of entering into the undertaking.

Consumer and Business Services may use written undertakings in place of court-based enforcement action.

This does not rule out further action, such as prosecution, if the terms of the agreement are not met.

Signed assurance (PDF 109KB)


Building contractor pays back customers for unfinished work – assurance

A building contractor has acknowledged that he likely breached consumer protection laws, after allegedly accepting payment for work at homes that he did not complete.
Consumer and Business Services allege that Mr Katsikas accepted payments exceeding $48,000 between February 2016 and March 2017, for building work on four properties which he began but failed to finish.
It is further alleged that Mr Katsikas performed work that was not permitted under his building work contractor’s licence, including paving, concreting and fencing.
Commissioner for Consumer Affairs, Dini Soulio, said that Mr Katsikas’ trading history and recent behaviour were taken into account when determining the appropriate action, noting that Mr Katsikas subsequently compensated all four consumers.
“Mr Katsikas has shown a willingness to remedy the situation, including repaying customers and voluntarily surrendering his licence,” Mr Soulio said.
“He has also held a building work contractor’s licence for many years prior to this without incident.”
Mr Katsikas entered into a written assurance with the Commissioner that states he will not conduct further business unless licensed to do so, and will not accept payment for goods and services that he is unable to deliver within a reasonable time.
A written assurance is a formal undertaking that may be used in certain circumstances, in place of enforcement actions such as prosecution or disciplinary action. A trader that fails to comply with an assurance may be liable for prosecution.

Signed assurance (PDF 175KB)


Bramalco to review consumer law practices – statement

Bramalco Pty Ltd, trading as Modern, has given a formal undertaking to the state’s consumer watchdog, after allegedly breaching customers’ cooling off rights and engaging in false, misleading or deceptive conduct on several occasions.

Under the arrangement, Bramalco is required to engage an independent professional to review its consumer law compliance program, including the effectiveness of its complaint handling system and compliance training program.

The report will be provided to the Commissioner for Consumer Affairs. Bramalco has undertaken to upgrade its compliance program and training in accordance with the report’s recommendations, within 3 months of receiving it.

It follows complaints about Bramalco’s door-to-door sales of home improvement products, such as shutters and roofing, between January 2015 and July 2016.
Complainants included residents in West Croydon, Warradale, Brahma Lodge, Andrews Farm, Melrose Park, Renmark and Berri.

An investigation by Consumer and Business Services found evidence that contracts issued by Bramalco attempted to deprive consumers of their termination rights by incorrectly stating that the customer had proactively invited the retailer to their address.

It is further alleged that Bramalco took deposits and installed products within the 10 day cooling off period, breaching their responsibilities under the unsolicited sales provisions of Australian Consumer Law (SA).

Consumer and Business Services also believes Bramalco misinformed consumers about their cooling off rights and refused to provide refunds within the prescribed cooling off period.

“Consumers who are approached by a dealer at their home without inviting them are entitled to an extended 10 day cooling off period.” Commissioner for Consumer Affairs Dini Soulio said.

“Arrangements and sales can be cancelled by the consumer at any point within that time without further obligation.”

In accepting the undertaking, the Commissioner for Consumer Affairs notes that Bramalco acknowledged its conduct was likely to have contravened the Australian Consumer Law, and that it will takes steps to ensure future compliance with the Law.

Consumer and Business Services may use written undertakings in place of court-based enforcement action. This does not rule out further action, such as prosecution, if Bramalco fails to abide by the agreement.

If you want to know more about cooling off periods, or report a concern about a door to door salesperson, contact Consumer and Business Services on 131 882.

Signed assurance


Industry warned of potential for criminal law breaches – statement

A real estate agent who allegedly contravened property rules has acknowledged the breach likely occurred. He has provided an assurance that he will not repeat his actions.

The assurance provided by M&G Property Group Pty Ltd trading as Elders Mawson Lakes and its director, Mr Domenico Mastrogiacomo for two contraventions are a timely warning to the real estate industry.

Read the full statement – Industry warned of potential for criminal law breaches (PDF 102KB)

Signed assurance


Steve Jackson Real Estate – assurance

ASSURANCE

Fair Trading Act 1987

Section 79

 

Assurance to the Commissioner for Consumer  Affairs given for the purposes of s79 of the  Fair Trading Act 1987 by:

 

Mr Steve Jackson (ABN 52 626 867 100) TIA Steve Jackson Real Estate

  

PERSONS  GIVING THIS ASSURANCE

1. This Assurance is given to the Commissioner for Consumer Affairs (“the Commissioner”) by Mr Steve Jackson trading as Steve Jackson Real Estate in the State  of  South  Australia for the purposes of section 79 of the Fair Trading Act 1987.

 

BACKGROUND

 2. Mr Steve Jackson (ABN 52 626 867 100) (“Mr Jackson”) is a natural person and sole trader.

3. Mr Jackson is a licensed Real Estate Agent providing sales and rental services for commercial and residential properties in South Australia.

4. Section 24A of the Land and Business (Sale and Conveyancing) Act 1994 requires the advertised price of residential land to be not less than the  prescribed  minimum advertising price.  The prescribed minimum  advertising  price is whichever is the greater  of the vendor’s acceptable selling price and the agent’s estimate of the selling price, as expressed in the Sales Agency Agreement.

 

CONDUCT  OF CONCERN

5. Between May 2016 and September 2016 Mr Jackson advertised the sale price of a property at 1 Graham  Street, Millswood, South  Australia for between $1,100,000 – $1,200,000 in circumstances where both the agent’s estimated sale price and  the  vendor’s  acceptable selling price was $1,200,000.

6. Between October 2016 and December 2016 Mr Jackson advertised the sale price of a property at 48 Hessing Crescent, Trott Park, South Australia for “$355,000 –  $365,000”, and for between “$345,000 – $365,000” in circumstances where both the  agent’s estimated  sale price and the vendor’s  acceptable selling price was $360,000

 

CONTRAVENTIONS

 7. The Commissioner considers and Mr Jackson acknowledges, that it is likely that he has, on two occasions, made a representation (through advertising) as to the likely selling price of   residential land which was less than the prescribed minimum advertising price in contravention of section 24A of the Land and Business (Sale and Conveyancing Act) 1994.

 

ASSURANCE BY MR STEVE JACKSON, TRADING AS STEVE JACKSON REAL ESTATE, FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

8. In response to the concerns raised by Consumer and Business Services (“CBS”)  on behalf of the Commissioner, Mr Steve Jackson, provides an Assurance to the Commissioner that:

a. Mr Jackson will not make a representation as to the likely selling price of land which is less than the prescribed minimum advertising price in compliance with section 24A of the Land    and Business (Sales and Conveyancing) Act 1994;

b. Mr Jackson will enrol in, and complete to a satisfactory standard within 12 months, two units which form part of the Certificate  IV in Property  Services (Real Estate) and provide evidence of  their  completion to CBS.  These units are:

  • CPPDSM4008A Identify legal and ethical requirements  of property  sales to complete agency work; and
  • CPPDSM4009B Interpret legislation to complete agency

 

COMMENCEMENT  OF ASSURANCE

9.  This Assurance comes into effect when:

 

9.1 The Assurance is executed by Mr Jackson; and

 

9.2 The Commissioner accepts the Assurance so executed.

 

ACKNOWLEDGMENTS

10. Mr Jackson acknowledges that:

 

10.1 It is an offence to breach an Assurance, as set out in section 81 of the Fair Trading Act 1987;

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

 

 

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

 

10.4 This Assurance in no way derogates from the rights and remedies available to any other person arising from the alleged conduct; and

 

10.5 This Assurance may be produced to any Court in respect of any proceedings alleging any future contraventions of the Fair Trading Act 1987 or a related Act.

Signed public assurance (PDF140KB)

Read full statement


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)


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)


Wilted spinach – undertaking

South Australia’s consumer watchdog has warned restaurant owners to adhere to their obligations under the Liquor Licensing Act, after a café on the Fleurieu Peninsula was found in breach.

UNDERTAKING

Liquor Licensing Act  1997

Section 119A(1)

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

Wilted Spinach Trading Pty Ltd

and

Mr Benjamin Lawrence Johnston

 

Persons Giving this Undertaking

1. This undertaking is given to the Liquor and Gambling Commissioner (the Commissioner) by Wilted Spinach Trading Pty Ltd in respect of Premises One Little Sister at 48 Main Road, Normanville in the State of South Australia and the sole director Benjamin Lawrence Johnston for the purposes of section 119A(1) of the Liquor Licensing Act 1997 (“the Act”).

Background

2. Wilted Spinach Trading Pty ltd (“the licensee”) has held a Restaurant Licence pursuant to Section 34 of the Act since 5 November 2013 in respect of the premises One Little Sister.

3. Mr Benjamin Johnston (“Mr Johnston”) is the sole director of Wilted Spinach Trading Pty Ltd.

Conduct of Concern 

4. On 2 September 2016 at 15pm, the licensee’s business was trading without the supervision and management of a Responsible Person contrary to s 97(1)(a) of the Act.

Contraventions of the Liquor Licensing Act 1997

5. The Commissioner considers, and the licensee acknowledges, that by engaging in the conduct described in paragraph 4, the licensee contravened:

5.1 Section 97(1)(a) in relation to the Liquor Licensing Act 1997;

6. The Commissioner considers, and Mr Johnston acknowledges, that Mr Johnston is vicariously liable for the actions of the licensee pursuant to s 134 of the Act.

7. Upon being made aware of the Commissioner’s concerns, the licensee and Mr Johnston:

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 s 97(1)(a) of the Act.

Undertaking

8. The licensee undertakes to ensure that at all times when the business is open to the public, it will be personally supervised and managed by a Responsible Person in compliance with s 98(1)(a) of the Act.

9. Mr Johnston undertakes that, as sole director of the licensee, he will ensure that the licensee complies with s 97(1)(a) of the Act.

Commencement of Undertaking

10. This undertaking comes into effect when:

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

10.2 The Commissioner accepts the undertaking so executed.

Acknowledgment

11. The licensee and Mr Johnston 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.

Signed undertaking (PDF 102KB)

Statement (PDF 91KB)


Eric Seed Holdings Pty Ltd – undertaking

South Australia’s consumer watchdog has warned hotel owners to adhere to their obligations under the Gaming Machines Act 1992, after a hotel in Dublin was found in breach.

UNDERTAKING

Gaming Machines Act 1992

Undertaking given to the Liquor and Gambling Commissioner for the purposes of the

Gaming Machines Act  1992 by:

Eric Seed Holdings Pty Ltd and Ms Lesley Mary Seed

 

Persons Giving This Undertaking

1. This Undertaking is given to the Liquor and Gambling Commissioner  (the Commissioner) by Eric Seed  Holdings Pty  Ltd in respect  of  Premises  New  Dublin Hotel at 26 Old Port Wakefield Road, DUBLIN, in the State of South Australia and the sole director Ms Lesley Mary Seed for the  purposes  of the  Gaming Machines Act 1992 (The Act).

Background

2. Eric Seed Holdings Pty Ltd (the licensee) has held a Hotel and Gaming Machine Licence since 15 November 2006 for the New Dublin Hotel, approved under the Liquor Licensing Act 1997 and Gaming Machines Act 1992, Licence number 50101270.

3. Ms Lesley Seed is the Sole Director of the Licensee, Eric Seed Holdings Pty Ltd. ACN : 121721962

Conduct of Concern

4. During a routine inspection conducted at the New Dublin Hotel on 13 April 2017 the following breaches were identified:

4.1 The last recorded management review of the internal reporting of suspected problem  gamblers occurred on 20 March 2017. This management review must be recorded on a                                 fortnightly basis in accordance with the requirements of clause 42(2) and (3) of the  Gambling Codes of Practice Notice 2013 (GCOP) which states:

(2) A gambling provider must ensure that a manager (however described)-

(a) reviews the record of suspected problem gamblers on regular basis; and

 (b) documents, as part of the record­  –

 (i) the fact of the review; and 

(ii) any steps taken to intervene in suspected problem gamblers’ gambling  behaviour.

 (3) Reviews will be regarded as being conducted on a regular basis, for the purposes of sub- clause (2)(a),

 (a) the reviews are conducted fortnightly or more frequently.

This is the second occasion this review has not been recorded on at least a fortnightly basis and has been identified as a breach.  The first occasion was detected during a previous routine inspection conducted on 15 September 2015. On that occasion a warning letter was sent, dated 24 September 2015.

4.2 The licensee failed to display a condensed warning message and the national gambling  helpline number at the cashier in accordance with the requirements of clause 45A(2)(a) of                           the GCOP which states:

 (2) A gaming provider must-

(a) ensure the prominent display of the condensed warning message and the national  gambling helpline number 1800 858 858 on or near-

(i) each automated coin dispensing machine in or near a gaming area; and

 (ii) each customer service point at which money is exchanged for coins, for tickets or for credit on a recognised account based cashless gaming system.

This is the third occasion where the absence of this sign has been identified as a breach. The first and second occasions were detected during previous routine inspections, conducted on 27 October 2014 and 15 September 2015. On these occasions warning letters were sent dated 13 November 2014 and 24 September 2015 respectively.

4.3 There was not a quantity of gambling helpline cards available aUnear each ATM, auto coin dispenser, cashier & aUnear each gaming machine in accordance with the                                                requirements of clause 45A(2)(b) of the GCOP  which states:

(2) A gaming provider must-

(b) ensure that a quantity of helpline cards is available at or near-

(i) each ATM; 

(ii) each automated coin dispensing machine in or near gaming area;

 (iii) each customer service point at which money is exchanged for coins, for tickets or for credit on a recognised account based cashless gaming system; and

 (iv) each gaming machine.

This is the second occasion the absence of these cards have been identified as a breach. The first occasion was detected during a previous routine inspection, conducted on 27 October 2014. On that occasion a warning letter was sent dated 13 November 2014.

4.4 There was no A3 multi-lingual sign, containing information about the availability of free, confidential and professional help with gambling problems and related issues, displayed in the gaming area in accordance with the requirements of clause 45(3) of the GCOP which states:

(3) A gaming provider must place in a prominent position in each gaming area at least one A3 equivalent sign (“multi-lingual sign“)-

(a) containing information about the availability of free, confidential and professional help with gambling problems and related issues; and

(b) expressed in-

(i) English, Arabic, chinese, greek, italian and vietnamese (the “core languages“).

4.5 As the Gaming Manager on duty, Lesley Seed, ID #13698, failed to complete advanced training in accordance with the requirements of clause 70(1)(b)(i) of the GCOP which states:

70(1) A gaming machine licensee must ensure that­

(b) each gaming manager–

(i) within the 3 months before or after starting, completed basic training (if the gaming manager has not already completed basic training) and advanced training; and

(ii) at intervals of no more than 2 years after first completing advanced training, commences and completes further advanced training.

Contraventions of the Gaming Machines Act 1992

5. The Commissioner considers, that by engaging in the conduct described in paragraph 4, there is proper cause for disciplinary action against the licensee pursuant to s 36(1 )( da) of the Gaming Machines Act 1992.

6. The Commissioner considers, and Ms Seed acknowledges, that Ms Seed is vicariously liable for the actions of the licensee pursuant to S85 of the Act.

7. Upon being made aware of the Commissioner’s concerns, the licensee and Ms Lesley Seed:

     7.1 Agreed to enter into an undertaking with the Liquor and Gambling Commissioner;

Undertaking

8. The licensee and Ms Seed undertake to:

      8.1 Ensure future compliance with all aspects of the Gambling Codes of Practice Notice 2013. Commencement of Undertaking

9. This undertaking comes into effect when:

9.1 The undertaking is executed by the licensee and Ms Lesley Seed; and

 9.2 The Commissioner accepts the undertaking so executed.

Acknowledgements

10. The licensee and Ms Lesley Seed acknowledges that:

10.1 CBS may make this Undertaking publicly available including by publishing it on the  CBS public register of Undertakings and on its website;

10.2 CBS may, from  time  to time,  make public  reference to the Undertaking including in  news media statements and in CBS publications.

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

Signed undertaking (PDF 145KB)


Vivek Chhabra – Kajraare event – undertaking

UNDERTAKING

Liquor Licensing Act 1997

Undertaking given to the Liquor and Gambling Commissioner for the purposes of s119A of the Liquor Licensing Act 1997 by:

Mr Vivek Chhabra

Persons Giving This Undertaking

1. This Undertaking is given to the Liquor and Gambling Commissioner (the Commissioner) by Mr Vivek Chhabra of 11A Parsons Grove PARK HOLME SA 5063, in the State of South Australia for the purposes of section 119A of the Liquor Licensing Act 1997 (“the Act”).

Background

2. Mr Vivek Chhabra (the Licensee) applied and was granted a limited licence authorising the sale of liquor on a temporary basis for a Bollywood event “Kajraare”. This event was held in the Upstairs Function Room of Phonatic Restaurant, located at 171 Hindley Street Adelaide on Saturday 11 March 2017.

Conduct of Concern

3. On 10 February 2017, the Bollywood event “Kajraare” was advertised on the “Downunder Adelaide Events” Facebook page. The advertisement stated: “TICKETS $15 PER PERSON. LADIES $10 BEFORE 11:OOPM.” This advertisement promoted and offered a discounted admission price for ladies contrary to clause 9(2) of the General Code of Practice which states:

“A licensee must not conduct or permit gender-based promotions involving free or discounted liquor on the licensed premises including free or discounted entry to the licensed premises”.

4. As a result of the conduct set out in paragraph 3 the Licensee has failed to comply with the conditions in accordance with the requirements of section 42(1) of the Act which states:

“It is a condition of every licence that the licensee must comply with the Commissioner’s codes of practice”.

Contraventions of the Liquor Licensing Act 1997

5. The Commissioner considers, and the Licensee acknowledges, that by engaging in the conduct described in paragraph 3, the Licensee has contravened:

5.1 Section 42(1) of the Act; and

5.2 Section 9(2) of the General Code of Practice.

6. Upon being made aware of the Commissioner’s concerns, the Licensee:

6.1 Indicated a willingness to enter into an undertaking with the Commissioner pursuant                                    to section 119A of the Act;

6.2 Agreed to not hold or advertise events which contravene the Code of Practice;

Undertaking

7. Mr Chhabra undertakes to:

7.1 Comply with the General Code of Practice, and

7.2 In particular, Mr Chhabra undertakes that he will not conduct or permit gender­ based                                  advertising (including promotions) on a licensed premises, including free or                                                    discounted entry to a licensed premises.

Commencement of Undertaking

8. This undertaking comes into effect when:

8.1 The undertaking is executed by Mr Vivek Chhabra; and

8.2 The Commissioner accepts the undertaking so executed (‘the commencement date’).

Acknowledgements

9. Mr Chhabra acknowledges that:

9.1 CBS may make this Undertaking publicly available including by publishing it on the CBS                             public register of Undertakings and on its website; and

9.2 CBS may, from time to time, make public reference to the Undertaking  including in news                             media statements and in CBS publications.

Signed undertaking (PDF 105KB)