Licensee receives six month suspension for management failures

01 December, 2015 by
Aoife Boothroyd

A former licensee has been banned from working in NSW licensed venues for the next six months after failing to implement adequate venue management procedures.

The Independent Liquor & Gaming Authority issued the ban after Donald Yung, formerly the licensee of the ZooBar Lounge & Nightclub at Lismore trading as Jacks Bar at the Met, was found guilty of failing to implement adequate venue management procedures which resulted in a bar staff member serving an intoxicated patron.

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The suspensions follow a Police inspection of Jacks Bar at the Met on 31 January 2015, where an intoxicated man was observed walking past a responsible service of alcohol (RSA) marshal and into the hotel. The Police reported that the man swayed up to the bar, was served two alcoholic drinks and later fell off a stool before leaving.

The man in question admitted to police that he had consumed half a 700ml bottle of rum before entering the bar, and then proceeded to order “six or so” rum and cokes at the bar.

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McCaughey said that the patron spoke clearly when he served him two drinks despite having “wonky eyes,” however Police allege that the man was clearly intoxicated and fumbled with his wallet at the bar.

Since opening in October 2014, Police confirmed that there had been multiple incidents at Jacks Bar at the Met, adding that the venue did not have an alcohol or venue management plan in place and was not a member of Lismore Liquor Accord.

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The Independent Liquor & Gaming Authority found that Yung failed to undertake reasonable steps to implement a system to prevent alcohol-related harms and as a result, contravened his RSA obligations. The Authority also said that McCaughey failed to take reasonable steps to inform himself of the patron’s state of intoxication.

Yung has been suspended from Tuesday 1 December 2015 to 31 May 2016, while that staff member that served the intoxicated patron, Shea McCaughey, has his RSA certification suspended for seven days from 30 November to 6 December.