Our client, the approved manager and owner of the Royal Hotel, Spring Ridge, was the subject of disciplinary proceedings before the NSW Independent Liquor & Gaming Authority (ILGA) following her conviction for concealing a serious indictable offence where she was represented by an alternate firm. She received nine (9) months imprisonment, to be served by ways of an Intensive Correction Order (ICO).
The subsequent liquor licensing proceedings presented a significant additional risk. The complaint alleged that our client was not a fit and proper person to remain an approved manager under s 139(3)(i) of the Liquor Act 2007 (NSW). We sensibly conceded that the respondent was not a fit and proper person as per the legislation as a conviction was recorded; however we contended that that under s 141(2) of the Act, ILGA could impose other sanctions without necessarily disqualifying the respondent from holding a Liquor Licence.
Hannay Criminal Defence prepared numerous detailed submissions addressing our client’s character, honesty, integrity, competence, remorse, rehabilitation, community involvement and the circumstances surrounding the offending. This was supported by a bundle of ‘subjective’ material which was made up of character references, proof of volunteering, psychological reports and other letters.
Importantly, our submissions did not seek to minimise the seriousness of the offending. Instead, they placed the conduct in its proper context while demonstrating that it represented an isolated lapse in judgment inconsistent with our client’s otherwise strong character and longstanding record as a responsible licensee.
ILGA’s decision expressly recognised the strength of the material advanced on our client’s behalf. The Authority stated that it found our submissions “compelling”, particularly the evidence concerning her charity and volunteering efforts. ILGA was also persuaded by the character references, noting the surprise expressed by those who knew her regarding the offending and concluding that the conduct appeared to be a lapse in judgment arising from her protectiveness towards the accused, rather than conduct aligned with her usual character.
The Authority similarly found the material concerning our client’s rehabilitation compelling; noting her remorse, rehabilitation efforts during the ICO and her continued commitment to treatment and support beyond the requirements of the court order. Crucially, ILGA concluded that, despite the seriousness of the offence, our client “does not pose an ongoing risk to the integrity of the liquor industry due to her remorse and rehabilitation efforts.”
The ultimate result was highly favourable and extremely rare. Rather than disqualifying our client or preventing her from continuing to operate the Hotel, ILGA imposed a monetary penalty of $2,750 and conditions designed to prevent the person connected with the underlying offending from involvement in the business or entering the premises.
For a person who had been convicted of a serious criminal offence and sentenced to a term of imprisonment, retaining the ability to continue operating a licensed premises represents a significant and comparatively rare outcome.
The matter demonstrates the importance of carefully prepared criminal and regulatory submissions, particularly where a criminal conviction creates consequences extending well beyond the sentence imposed by the Court.
Hannay Criminal Defence Sydney provides strategic representation in criminal proceedings and associated regulatory and licensing matters, with a focus on achieving practical outcomes for clients facing serious consequences to their livelihood, reputation and professional standing.
