The licensee of a Bathurst hotel has lost an appeal against a conviction for offences including letting two women get highly intoxicated at a charity event featuring topless male waiters.
NSW District Court Judge Helen Syme last week dismissed an appeal from Elephant & Castle licensee Campbell Gibson against his conviction and $2500 fine handed down in Bathurst Local Court in February.
In late 2017, Liquor & Gaming NSW inspectors found two highly intoxicated women at the "Ladies Take Over" charity function at the Keppel Street establishment.
One woman was unable to hold her head up while seated, while the other repeatedly fell over.
A third woman was riding on the back of a topless male waiter who was serving drinks at the function.
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When questioned by inspectors, one of the waiters did not have a valid Responsible Service of Alcohol competency card.
In February, Mr Gibson was fined $2500 for permitting intoxication and given a 12-month conditional release order for allowing a staff member to serve alcohol without a RSA card.
In dismissing his appeal, Judge Syme said the sight of a woman jumping on the back of a topless male waiter "served as background evidence of the lack of diligence by bar staff and that patrons were becoming unruly".
She said many of the "mitigating factors" listed in Mr Gibson's written submissions were irrelevant. She only accepted that Mr Gibson was of good character and that he had taken steps to prevent future offences.
Judge Syme said the situation was not assisted by Mr Gibson remaining upstairs throughout the entire incident.
Liquor & Gaming NSW director of compliance operations, Sean Goodchild, said the case highlighted the risks of allowing high-level intoxication.
"Licensees who allow intoxication put patrons and others at risk," Mr Goodchild said.
"Hotels have a responsibility to serve alcohol responsibly and to manage staff to ensure the responsible service of alcohol is practised."
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