Mackay CBD Hotel fined over ‘unacceptable’ drinking promotion at The Rabbit Hole

An ‘unacceptable’ drinking promo that allowed patrons to knock back as much as they wanted in 60 minutes has landed a Queensland club in court after one woman was found passed out in a toilet.

Mackay CBD Hotel Pty Ltd, which operated The Rabbit Hole, was charged with failing to provide and maintain a safe environment in and around the premises and unacceptable practices and promotions, to which director Andrew Darveniza pleaded guilty.

A reckless $30 promo package that allowed patrons to binge drink as much as they wanted in an hour has landed a Queensland club in hot water after one woman was found passed out in a toilet

CCTV footage captured the women being served 10 drinks in 60 minutes at Mackay’s Rabbit Hole, although she only consumed eight, Mackay Magistrates Court heard.

Staff found her on the toilet floor in an unresponsive state and stayed with her until paramedics arrived about 11.30pm on June 23, 2023.

She had been taking part in the nightclub’s Ballin’ on a Budget promo – for $30 she was given a wrist band and a cup she could refill with basic spirits as many times as she wanted within 60 minutes.

Mackay CBD Hotel Pty Ltd, which operated The Rabbit Hole, was charged with failing to provide and maintain a safe environment in and around the premises and unacceptable practices and promotions, to which director Andrew Darveniza pleaded guilty.

The court heard in July Mr Darveniza’s other business Jadal Entertainment Pty Ltd, which runs FLNDRS Bar and Nightclub in Townsville, was found guilty of unacceptable practices and promotions over the same Ballin’ on a Budget package and Turn up Tuesday and fined $5000.

Mr Darveniza had attempted to fight the charges but lost.

Following that result Mr Darveniza indicated he would plead guilty to the Mackay charges, which Magistrate Bronwyn Hartigan accepted showed remorse and insight.

The court heard the unacceptable practices and promotions charges arose because the Office of Liquor and Gaming Regulations found while there was a management plan in place it was “inadequate to address the risk of rapid consumption of alcohol during that one hour period”.

Rabbit Hole nightclub Mackay

Ms Hartigan said a main point of difference was “the risk did crystallise” in Mackay in relation to the extremely intoxicated woman found passed out in the toilet, but she accepted there was no evidence of any long term injuries.

It was also accepted the woman had consumed up to nine drinks before partaking in the Ballin on a Budget package.

The court heard it was also accepted this charge came about through Mr Darveniza’s immediate co-operation with authorities in handing over the CCTV footage.

Mr Darveniza also immediately ceased the promotions, which had not been reinstated because he had been unable to gain clarity in writing from the regulator as to what could be an appropriate management plan, the court heard.

Ms Hartigan accepted Mr Darveniza, who had been in the hospitality industry since 1998, had also engaged extensive and ongoing training for his staff.

Mackay CBD Hotel Pty Ltd was fined $2000 plus costs and convictions were not recorded.