Home' National Liquor News : NLN MAR 2018 Contents 10 | MARCH 2018 NATIONAL LIQUOR NEWS
10 | MARCH 2015 NATIONAL LIQUOR NEWS
WA GOVERNMENT TABLES LIQUOR LAW REFORMS
The Western Australian Government has put forward its Liquor Control
Amendment Bill 2018, which details significant changes for the state’s
And while there are many positive changes for the state’s on-premise
sector, which have been widely welcomed, the Bill also proposes
restricting the floor space of new bottle shops in areas where there are
already a number of liquor stores.
Peter Peck, the CEO of the Liquor Stores Association WA, told
National Liquor News that the new proposals are not about introducing
a blanket ban on the size of new bottle shops but, more that it was about
preventing big box stores opening in an area where the consumer need
has already been met.
“The important part of this legislation is that it is not retrospective, but
it meant that in the future if the need of an area was met then you could
put a large liquor store in that area, to oversupply that area,” Peck said.
“This is not like the Northern Territory where they proposed a blanket
ban on stores of a certain size. There is no ban on liquor stores, there is
just a process for stores to be approved.”
However, Giuseppe Minissale, the President of the Australian Liquor
Stores Association (ALSA), told National Liquor News that he believed
this was anti-competitive legislation and that he could not understand
why the liquor industry and packaged liquor licensees were being singled
out when other retail industries were free to open stores of any size.
“In any competitive market, whether it be furniture or hardware
they are free to open stores of any size, but when it comes to the liquor
industry they want to put in restrictions,” Minissale said.
“There is absolutely no evidence that says the size of a store makes
any difference when it comes to selling alcohol in relation to harm. As
an independent retailer if I wanted to build a 500sqm store I would be
restricted, but Bunnings can go and build a super-size warehouse store
right next to a small hardware shop.
“Why is it good for one sector and not the other?”
ROGUE OPERATOR FINED AND BANNED BY ILGA
The Independent Liquor and Gaming Authority
(ILGA) has fined a former bottle shop manager
$40,000 and banned him from holding a
licence for 10 years over a string of offences
including selling stolen alcohol.
Sherin Sylvester, the former approved
manager of Glenfield Cellars, was subject to
a complaint by NSW Police, which Sylvester
ultimately did not contest.
The Authority accepted the police
investigation into a string of armed robberies
throughout the Sydney metropolitan area, which
among other outlets included “stealing large
amounts of alcohol from retail liquor stores,
namely BWS and Dan Murphy’s”.
In its findings relating to the case, the Authority
accepted the police evidence of phone calls
between Sylvester and the perpetrators of the
armed robberies, Shovikash Chandra and Kien Ly.
In accepting these charges, plus Sylvester
allowing a can of beer bought in the store to
be consumed on the premises the ILGA ruled
that Sylvester was not a fit and proper person to
hold a licence and that the continuation of the
licence was not in the public interest.
In handing down its sentence the ILGA said:
“A monetary penalty issued under Part 9 of
the Act serves a protective rather than punitive
purpose. Having regard to this broader purpose,
and the seriousness of the matters found
against him, the Authority is satisfied that a
monetary penalty at the upper end of the scale
is appropriate in this case.
“The Court order that Mr Sylvester pay
compensation in the sum of $40,000 illustrates
the financial value of the crime perpetrated by Mr
Sylvester. It underscores the scale of the threat
posed to the industry by permitting a person who
is willing to engage in this level of dishonesty, with
respect to the handling of liquor products to have
a regulated role in the liquor industry.
“The Authority accepts Mr Sylvester’s
submission that he has paid a substantial
price for his criminal conduct. Mr Sylvester
was issued with a 12 months intensive
correction order that has only recently expired
during June 2017. He was also ordered to
pay $40,000 in compensation to Woolworths
Pty Ltd and has had $80,000 worth of goods
seized by Police during their investigation.
These are penal consequences flowing from
his criminal conduct.”
Sylvester has 28 days to appeal the ILGA’s
findings and penalties, the licence for the store
has been passed to Dhingra Enterprises, which
now controls the licence and the business
conducted in relation to it.
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