Unauthorised Newcastle nightclub operators fined $20K

The two former licensees of Soho on Darby in Newcastle were fined a total of $20,000 after authorities found that they had been running an unauthorised nightclub.

Samuel Luke and Sean Driver faced Newcastle Local Court and pleaded guilty, respectively, to three and two offences to selling and supplying liquor contrary to authority.

Liquor & Gaming NSW began investigating Soho on Darby which had a restaurant licence but turned into a nightclub “targeting a younger demographic.”

During one of its inspections, officers found the lower level of the restaurant on Darby Street empty and the upstairs area full, with 80 to 100 people standing, drinking and dancing in a nightclub-style environment with a DJ.

Police issued a total of four penalties on January 21 and 27 last year.

Last December, Liquor & Gaming NSW successfully applied to the Independent Liquor & Gaming Authority to revoke the venue’s primary service authorisation, which allowed drinks to be served without meals as long as it operated as a restaurant.

Liquor & Gaming NSW Director of Compliance Operations Sean Goodchild said, “We have investigated a number of recent cases where a venue with a restaurant licence operates as a nightclub or bar.

“These business models misrepresent their activities and disregard strict obligations under NSW liquor laws, creating a far greater risk of alcohol-related harm.

"Both the court outcome and the Authority’s decision to revoke the venue’s primary service authorisation send a strong message to industry that misusing a liquor licence will not be tolerated.”

Luke was fined $7500 and ordered to pay $5000 in professional costs.

Driver was fined $3000 and must pay $5000 in professional costs.