The Independent Liquor & Gaming Authority (ILGA) has banned the former licensee of Lismore’s Jacks Bar for from working in any NSW licensed venue for six months despite not being in attendance on the night a drunken patron was served
The licensee, Donald Yung, has been suspended until 31 May next year but the man who served the drunk patron will be back at work next week.
ILGA said Mr Yung had ‘failed to implement adequate venue management procedures’ resulting in ‘an obviously drunk patron being served’.
The incident dates back to January this year, when police officers said ‘an intoxicated man was observed walking past a responsible service of alcohol (RSA) marshal and into the hotel’.
Police reported the man ‘swayed to the bar’ where he was served two alcoholic drinks and ‘later fell off a stool’ before leaving.
When interviewed, the man told police he had consumed half a 700ml bottle of rum before attending the bar and then another ‘six or so’ rum and cokes at the bar.
The staff member who served the man, Shea McCaughey, said the patron spoke clearly when he served him two drinks and was assessed as okay despite having two ‘wonky’ eyes.
But police said the man was ‘clearly intoxicated’ and ‘fumbled with his wallet’ at the bar.
ILGA found Mr Yung, despite not being in attendance on the night, ‘maintained a broad range of responsibilities as licensee for ensuring responsible sale and service of alcohol and appropriate operating and employee standards at the hotel.’
‘Mr Yung failed to undertake reasonable steps to implement a system to prevent alcohol-related harms and as a result contravened his RSA obligations.’
‘A six-month suspension is appropriate,’ the ILGA maintained.
By comparison, Mr McCaughey had his RSA certification suspended for just seven days from 30 November until 6 December.