8 Diamonds Pty Ltd and Ms Ly Thi Truc Tran – undertaking

UNDERTAKING

Liquor Licensing Act 1997

Section 119A(1)

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

and

Ms Ly Thi Truc TRAN

Persons Giving This Undertaking

  1. 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”).

Background

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.

Undertaking

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’).

Acknowledgements

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.

Signed undertaking (PDF 122KB)