Ballarat court drains bank account of Peasant Gastronomy after it sells liquor unlawfully
A fancy Ballarat restaurant offering five-course degustations has faced court after unlawfully selling alcohol for 20 months.
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An up-market Ballarat degustation restaurant has been fined for illegally selling alcohol.
Three directors of the company, Daniel John Tesoriero, Lawrence Paul Gallagher, and Douglas Stewart Kerr, faced Ballarat Magistrates’ Court on Tuesday charged by the Victorian Liquor Commission for unlawfully supplying liquor.
The company, Tesoriero, and Gallagher pleaded guilty; Mr Kerr, a chef whose role was described as “entirely back of house”, will reappear at court on November 2.
The court heard Peasant operated under the general liquor licence of Lydiard Boutique Inn Pty Ltd – that is, the Heritage on Lydiard hotel, on whose premises Peasant was situated – from its opening in July 2022.
But Peasant’s own employees, rather than Lydiard Boutique Inn’s, sold alcohol in contravention of the licence and the venue kept for itself a gross $129,459.70 from liquor sales up until March 2024 when staff became employed by Lydiard Boutique Inn.
The directors believed the arrangement had been allowed as Gallagher was a director for Lydiard Boutique Inn too, and they understood a similar agreement to have been in place prior to the establishing of Peasant.
Additionally, a form seeking certain permissions from LCV had been completed, but Gallagher – who the court heard had a 50 per cent interest in Ballarat’s George Hotel, as well as half of Lydiard Boutique Inn, split with his partner – did not submit it.
There was no suggestion alcohol was served irresponsibly.
An anonymous complaint led LCV inspectors to Peasant in December 2023.
The court heard the men hoped to maintain the boutique brand, which had $4000 in its bank account.
Magistrate Michael Bolte said Tesoriero and Gallagher were of good character, and that the directors had acted on an “honestly held belief”.
He said their failing was not to have acted “with the full understanding of the business venture they were entering into”.
Mr Bolte fined Tesoriero and Gallagher $2000 each, and the company $4000 with costs, all without conviction.
The court heard $100,000 was spent on furniture and fittings at Peasant’s inception.
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