Defending Infringement Notices and Written Warnings

Our Liquor Licensing and Hospitality Law team offers tailored advice, strategic support, and practical solutions to guide you through the complexities of defending your business and liquor licence against regulatory intervention from Police, Liquor Control Victoria (LCV), and Local Councils.

The impact of a breach, warning, or infringement notice on your business can be significant. Failure to respond appropriately may lead to serious consequences like:

• Disqualification of directors, officers, or managers.
• Suspension or cancellation of the liquor licence.
• Severe financial penalties (up to $49,397.50 or 250 penalty units).
• Increased annual licence fees due to demerit points.

Once you pay an infringement notice or accept a breach, it may be used against you in future disciplinary actions. Defending these actions in Court can help protect your licence and reputation from long-term damage.

When you receive an infringement notice, your options include to pay the notice and admit the breach (which can be used against you at a later date), request an internal review from the issuing agency or take the infringement offence to Court for determination by a Magistrate.

A finding that you have breached your liquor licence can have severe consequences and may lead to disciplinary action including licence suspension or even cancellation in severe cases.

We have successfully defended all of the main breaches including: underage on premises, supply underage, drunk on premises, supply intoxicated patron, exceed background music levels, obstruct authorised officers, breach special licence conditions regarding capacity and music.

If you elect to have an infringement offence heard in Court, the issuing agency (Police, LCV, or Local Council) must either:

• Proceed with the charge by issuing a charge sheet and summons requiring you to attend Court. If the case goes to Court, the prosecution will prepare evidence, and you’ll have the opportunity to defend yourself.
• Abandon the case the agency may choose not to pursue the charge if they are unable to proceed.

If you’re found not guilty in Court, the Magistrate will usually order the issuing agency to pay your legal costs. However, if you’re unsuccessful, you may be required to pay the agency’s legal fees, though Victoria Police typically does not seek costs.

Written Warnings from Liquor Control Victoria (LCV), the Police, or Local Councils are formal notices that alert you to potential violations of your liquor licence which may be relied upon at a later date to allege you are operating in breach of the law. They are often a precursor to more serious consequences, including charges or disciplinary action if not addressed promptly.

How We Can Help You with Written Warnings:

• Review the warning and determine if it was issued appropriately.
• Advise on corrective actions to prevent further violations.
• Defend the written warning if you have a counterfactual basis that you are not in breach.
• Represent you in discussions with regulatory authorities to resolve the issue without escalating to a formal penalty.

Contact Terence O’Brien or Grace Madafferi of our Liquor Licensing and Hospitality Law Team for more information.