The licensee of Little Jack Horner in Coogee is facing almost $24,000 in fines and legal costs after being convicted for the unauthorised operation of his business as a bar.
In Downing Centre Local Court on March 20, Brenton McHatton pleaded not guilty to two offences relating to selling and supplying liquor contrary to authority. He was found guilty, convicted, fined $12,000 and ordered to pay $11,300 in legal costs.
A Liquor & Gaming NSW investigation found the business in Sydney’s eastern suburbs, which at the time was only authorised to operate as a restaurant, was trading as a bar.
On December 23, 2017 and February 10, 2018, patrons entering the venue were not invited to dine or directed to tables. Most patrons were seen standing and drinking alcohol bought directly from the bar, with minimal food being served.
McHatton held a liquor licence for an on premises restaurant with a primary service authorisation. This allows a licensed restaurant to sell and supply alcohol to customers without meals, but only if it operates primarily as a restaurant at all times of the day or night, where serving meals is always the main focus.
Magistrate Susan McIntyre found that at the time of both offences, Little Jack Horner was operating for the primary purpose of serving alcohol and its capacity to prepare and serve food to the public at any time was not enough to fulfil licensing requirements.
Her Honour said the venue “had to be a restaurant, start to finish, morning to night, every hour” and it was not up to McHatton to “pick and choose when it operates as a restaurant or not”.
Liquor & Gaming NSW’s Director of Compliance Operations, Sean Goodchild, said the case highlights the risks associated where restaurants effectively morph into nightclubs or bars.
“We have investigated several recent cases where a venue with a restaurant licence has transformed into a nightclub or bar,” he said. “These business models have a far greater risk of alcohol-related harm.
“Restaurants seeking to change their business model to become a nightclub or bar can apply to Liquor & Gaming NSW which can then properly consider all relevant issues.”
The licensee has updated the licence since the time the offences so the current licence better reflects the actual operation of the venue. He has appealed the decision of the Local Court Magistrate to the District Court of NSW.
Bar slammed for controversial cocktail name
It’s not the first time Little Jack Horner has hit the headlines. In October last year it came under fire for featuring a cocktail on its menu called “To-Kill-Her”.
The name was a play on the cocktail featuring tequila in its ingredients.
It attracted extensive criticism on social media for being “grossly irresponsible”.
“The ‘To Kill Her’ cocktail name is neither funny nor clever,” one person wrote. “It is a grossly irresponsible act to have it appear on your menu. Domestic violence and femicide is a real issue, pairing that issue with alcohol is beyond disgusting.”
Another wrote: “Incredibly offensive cocktail name ‘To Kill Her’ – Seriously?! The rates of domestic violence in Australia is horrifying [sic] and things like this are part of the problem. Suggest you guys get onto changing it ASAP.”
However, not everyone was offended. One commenter wrote: “C’mon! It’s a play on the word ‘tequila’. If they’d found a way to say to-kill-a-man, would you be so up in arms? And yes, domestic violence is horrible everywhere!”
Another patron stated that a manager assured some customers the name would be altered.
“We know the manager has told customers that they would change this but yet it hasn’t changed,” she said. “Come on guys? I’m sure you can be just as creative in a positive way that won’t trigger or offend.”
The incident has received publicity around the world, with articles appearing in both the US and UK press.
The bar subsequently changed the name of the cocktail to ‘To-Love-Her’.
