A Port Macquarie restaurant owner is disqualified from holding a liquor licence for five years after he became intoxicated at his venue and was later arrested and charged for driving under the influence of alcohol.
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The Independent Liquor and Gaming Authority has ordered Joel Murdoch not hold a licence under the Liquor Act 2007 after investigating a disciplinary complaint.
On July 15, 2017, Mr Murdoch, the then-licensee of Botanic Wine Bar in Port Macquarie, was captured via CCTV consuming and supplying alcohol to staff and to four female patrons.
Subsequently, on August 28, 2018, Superintendent Paul Fehon of the Mid North Coast Local Area Command, made a disciplinary complaint under Part 9 of the Liquor Act 2007 (NSW) to the Independent Liquor and Gaming Authority.
On December 18, 2018 the Authority's Reviews and Secretariat Unit sent a letter to Mr Murdoch, inviting him to show cause as to why disciplinary action should not be taken on the basis of the complaint.
Chair of the Independent Liquor and Gaming Authority (ILGA), Philip Crawford, said each member of the group demonstrated clear signs of intoxication.
"The licensee and his patrons are seen swaying, dropping trays, falling off stools and dancing on furniture," Mr Crawford said.
"The licensee was observed smoking inside the venue and both the licensee and patrons were drinking each other's drinks.
"When he left the premises, Mr Murdoch drove a vehicle and was subsequently stopped by NSW Police and charged with drink driving after they recorded a high range blood alcohol level."
Mr Murdoch was charged on July 15, 2017 for high range drink driving after recording a blood-alcohol reading of 0.188. It was his fourth drink driving conviction since 2008.
In addition to being sentenced in November 2017 to a term of 15 months' imprisonment with a non-parole period of three months on this offence, police issued three penalty notices worth $3,300 to Mr Murdoch in his role as a licensee, for permitting intoxication at a licensed venue, supplying liquor to intoxicated persons and not supplying liquor in accordance with his authority.
While Mr Murdoch relinquished his liquor licence after the charges, he remains an owner of the business.
ILGA has ruled to ban him from holding a licence for five years and imposed a new licence condition preventing Mr Murdoch and his staff from drinking on the premises.
"The seriousness of his conduct is underscored by a history of convictions for significant alcohol-related driving offences in the years leading up to the incident," Mr Crawford said.
"Mr Murdoch had already been convicted of drink driving on three other occasions during 2008 to 2012.
"Licensees simply cannot exhibit this behaviour and expect to be considered responsible enough to manage service of alcohol to others."
Mr Murdoch said there is no evidence of any ongoing issues in relation to compliance at the premises and the breaches of the Act concern one night.
He said he has taken a number of steps following the offences in July 2017 to ensure minimisation of harm. These included removing himself as licensee, taking steps to address the issues surrounding his offending and "accepting his punishment".
In his final submission, Mr Murdoch said he has not had any further convictions since 2017, which shows that he has learned from his mistakes; he works six nights per week on the premises and plays a hands-on role in training staff about the liquor licence, intoxication, COVID-19 controls and food and wine service.
Mr Murdoch said he has worked in the hospitality industry for 20 years and built a well- respected local business over the past three years in Port Macquarie.
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