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”).
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;
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’).
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.