The former licensee of Port Macquarie’s Downunder Nightclub has been served with a 10 year statewide ban for repeated breaches of the Liquor Act.

The Independent Liquor & Gaming Authority handed down the penalty to Maxim Gunsberger following a disciplinary complaint lodged by Liquor & Gaming NSW. The complaint stated that Gunsberger had been convicted of numerous offences under the Liquor Act since 2005, had repeatedly failed to comply with liquor license conditions, and was not a fit and proper person to hold or be associated with a liquor license.

Gunsberger was convicted in the Port Macquarie Local Court on 8 April 2015 after pleading guilty to three offences of permitting intoxication and an additional offence of supplying alcohol to an intoxicated person. The offences were detected during a Liquor & Gaming NSW compliance inspection of the Downunder Nightclub on 31 August 2014.

In its decision, the Authority said the 10 year ban would send an appropriate message to others in the industry that choose to flout their regulatory obligations.

“There is no place in the industry for irresponsible operators and Liquor and Gaming NSW will take whatever action necessary to get out, and keep out, licensees found to be disregarding their responsible service obligations.”

In addition, the Authority upheld a second strike imposed on the Downunder Nightclub on 30 June 2015 by Liquor & Gaming NSW after the venue requested a review.


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