‘Hopefully this is a test case’: Restaurant owner has conviction overturned
The owner of a popular Coogee restaurant has successfully appealed a conviction and hefty fine for liquor breaches, which he hopes will be treated as a test case for the entire industry.
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The owner of a popular Coogee restaurant has successfully appealed a conviction and hefty fine for liquor breaches, which he hopes will be treated as a test case for the entire industry.
Brenton McHatton owns Little Jack Horner on Coogee Bay Rd and was convicted and fined in March for using his restaurant as a bar despite only holding a restaurant licence.
A Liquor and Gaming NSW investigation was held between December 2017 and February 2018 and found that most patrons were seen standing and drinking alcohol bought directly from the bar without being directed to tables or served food.
Mr McHatton was convicted, fined $12,000 and ordered to pay $11,300 in legal costs at Downing Centre Local Court in March for two offences of sell/supply liquor without authority.
However, he appealed the decision and his appeal was upheld during a district court hearing earlier this month, which included the annulment of his fines.
“I am out of pocket but relieved,” Mr McHatton said, explaining the whole court process had cost him tens of thousands of dollars.
“I know I can’t get that money back but I don’t have a record.”
He explained he currently holds a restaurant licence with two authorisations attached called a primary service authorisation (PSA) and entertainment authorisation.
The PSA allows a cafe or restaurant to serve alcohol to customers who are not consuming food.
However, the sale or supply of liquor cannot be the primary purpose of the business.
He said his restaurant “winds down” its kitchen after 9pm and only serves pizza up until closing at midnight.
He said while customers were asked if they wanted food many people simply ordered a drink, which lead to Liquor and Gaming NSW interpreting his business as running primarily as a bar.
Mr McHatton said it was frustrating for restaurant owners because if he were to apply for a small bar licence he would not be allowed to have children on the premises when alcohol was being sold.
“I think something needs to be done with the legislation. And hopefully this is a test case and they leave small restaurants doing their best alone,” he said.
“There needs to be something between a small bar licence and a restaurant licence and I thought that’s what the PSA was.
“But the way Liquor and Gaming want to police it, the PSA seems to be useless.”
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