Sterling Nightclubs, operator of Prahran venue ‘The Love Machine’, charged with permitting drunk person on premises

Management of an infamous Melbourne nightclub are accused of allowing a young drunk woman to stay inside their Prahran venue despite fumbling her bag and resting on the bar to order shots.

Patrons lining up outside Malvern Rd nightclub The Love Machine in Prahran. Picture: David Geraghty

The management of a popular Melbourne nightclub allowed a young drunk woman to remain inside despite allegedly tripping over, fumbling her purse and appearing intoxicated to police in the bathroom, a court has heard.

Sterling Nightclubs, operator of the Prahran venue The Love Machine, have been charged with permitting a drunken person to be on the licensed premises after an alleged incident in the early hours of December 18, 2021.

During a hearing in the Melbourne Magistrates’ Court on Wednesday, legal counsel for the Licensee withdrew its earlier submission it had no case to answer before it called a security guard to give evidence.

CCTV played in court depicted a young woman of Asian descent, according to security guard Anthony Ferguson-Acamparo, tripping over before being lifted by her two friends and approached by staff about 2.15am.

Mr Ferguson-Acamparo told Magistrate Jarrod Williams the venue was busy on the Friday night for an event called ‘D1’, colloquially known as Asian night.

He told the court he offered the young woman a seat and a bottle of water because she appeared upset before her friends asked to take her to the bathroom.

Patrons at the Love Machine nightclub in Prahran

He agreed and said he was primarily concerned with her wellbeing and did not get the impression she was drunk but had not yet properly assessed her.

After several minutes passed, he announced himself before entering the bathroom when he saw the woman being interviewed by two female police officers.

Police prosecutors allege it was these informants who determined the young woman was drunk.

Mr Ferguson-Acamparo then accompanied the girl from the nightclub, placing his arm around her shoulder, as depicted in CCTV played in court, and helped her downstairs and out of the club where he stayed with her until an Uber collected her group.

He said he supported her downstairs as a means of comforting the woman who was visibly distressed and not because she was intoxicated.

Defence lawyer Penny Marcou argued the security guard was experienced in assessing patrons levels of intoxication, he did not smell alcohol on her breath, and she was able to carry a conversation with him and listen to instructions.

Patrons outside Love Machine nightclub David Geraghty

Police prosecutors alleged in court that other CCTV depicted the woman fumbling her purse several times, resting her head on her arms at the bar and ordering multiple shots.

The prosecutor also alleged the woman herself was a club promoter.

Mr Williams was urged to scrutinise the footage to determine whether the woman appeared intoxicated before he revealed it did not “immediately strike” him that she was drunk.

The prosecutors made legal argument that if there was evidence a person was drunk inside the venue, the onus was reversed onto the defendant to prove they had done everything appropriate to comply with their obligations.

Ms Marcou “completely rejected” that assertion.

Mr Williams said he would make his interpretation on where the onus lay at a future hearing.

The matter was adjourned to July 31 for a further mention.