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Bar manager given criminal conviction while sleeping

Discussion in 'The Pub' at netrider.net.au started by waedwe, Jun 24, 2009.

  1. http://www.news.com.au/dailytelegraph/story/0,,25668515-5001021,00.html
    more of our great state government looking after us all.
    A barman accidentally hands over glass after midnight, see's the mistake immediately rectifies it, but no the police prosecute and the clubs manager who is at home sleeping at the time gets a criminal conviction :shock: we are north korea or nsw, common sense is dead in this state

    full story:
    A WESTERN Sydney club operator was convicted as a criminal after an undercover police officer was served a glass bottle of champagne after midnight.

    In the first full prosecution under the State Government's tough new drinking laws, Campbelltown Catholic Club CEO Michael Lavorato was fined and convicted after a staff member served champagne in a plastic glass but accidentally handed over the glass bottle as well.

    The club has been subject of a police sting operation since the State Government's new drinking laws began in December.

    Less than three weeks after the laws took effect, undercover officers pretended to be customers at the venue and ordered two champagnes after midnight.

    The sparkling wines were poured into plastic glasses but the bartender inadvertently handed the small glass bottles, too.

    Even though a manager saw the mistake and went over to remove the bottles, police decided to prosecute for breaching the ban on glass sales after midnight at certain venues.

    Another staff member also accidentally served a Heinekin beer in a bottle after midnight and the club was penalised for that too.

    The staffer was so distressed that she resigned over the incident.

    There was one glassing at the club, 11 years ago.

    Magistrate Daryl Pearce fined the club $600 for each of the three breaches and recorded a conviction against Lavorato who was in bed at the time of the incident.

    Mr Pearce said it was necessary to send a message to the industry and deter others.

    However the conviction has outraged the industry, which is demanding an overhaul of the legislation.

    There were claims of absurd overkill by police on the laws.

    On two another occasions undercover officers supposedly detected intoxicated patrons but Mr Pearce dismissed both charges.

    In the first case the man was simply "smiling a lot" and in the second the magistrate found that the club could not have reasonably stopped the man, who was at a dance concert, from being drunk.

    Lavorato later told The Daily Telegraph that over a four-hour period two Fridays ago no fewer than 27 police officers, as well as sniffer dogs, went through the club.
  2. double posted somehow :oops: hopefully a mod kills 1 off thanks
  3. champagne?
    what could these loveless bastards possibly have to celebrate??
  4. And people wonder why more and more small business owners are throwing in the towel...
  5. So, did they still polish off the drinks - are cops allowed to be drinking on the job?

    This state is a fcuking joke!
  6. Just like how they had the gestapo with sniffer dogs spending hours and $$$thousands trying to catch a few old hippies at the Cheech & Chong live show, with a joint in their pocket.

    Fricking stupidity.

    /will never cooperate with police where I am not obligated to.
  7. i heard at the end of the cheech and chong show, all the police and their little sniffer dogs were left holding their balls with zero arrests. solid policing there, guys. most hippies who did the cheech and chong thing in the seventies have long-since settled down in life (or 'sold out' as they say).
  8. Hang on, isn't that entrapment?
  9. you forget you live in a country that doesn't even have a bill of rights, let alone entrapment laws
  10. I hate the old "need to make an example" excuse that gets handed out by judges.

    You can't even make an honest mistake nowdays.
  11. something needs to change then.
  12. Not quite sure if that's true, the 1689 Bill of Rights applies to all Commonwealth Realms and as far as I know Australia is one. So as long as you keep the Queen you have a Bill of Rights...


    Back to the point whether the cops were cocks or not to prosecute the Club manager is probably the licencee and and as such cops it whether he's on the premises or not...
  13. Well, with those kind of resources being thrown at it, they needed to find something, didn't they?

    Somebody at police HQ doesn't like this guy.
  14. The cops were probably protestants! :p
  15. :shock: :shock: You serious?! I went to the show in the second week and I didn't even notice them.. :LOL:

    Alot of the old hippies had obviously been disconnected from sources, so instead many were just trashed (highly annoying).
  16. Exactly. He is and would be well versed in his responsibilities whether he is there or not.


    53,000 members and serving 110,000 patrons a month? That is not a small business. They are making shit loads of money from the population and have a responsibility as operators of the club.

    If he had a case to fight, then he should have fought it rather than plead guilty. The club is not some uni-student or pensioner fighting a fine on legal aid being rail-roaded.

  17. Yeah, i read there were shitloads of them at Cheech and Chong, and barely picked up any.

    What a sad f*****g state this country is in.
  18. thanks! i wasn't familiar with these rights
    had a google
    and the results weren't too promising :(
    http://www.parking-appeals.gov.uk/about/circulars/Bill of Rights Act 1689.pdf
    (guy challenges a parking ticket, citing the 1689 law that "all grants and promises of fines and forfeitures of particular persons before
    conviction are illegal and void." as he was issued with the promise of a fine before being convicted, the issuing of that fine should be illegal. these rights didn't get him anywhere, and he lost)