Two Ballarat bars have been charged with supplying alcohol to an intoxicated person after a woman was taken to hospital when she began vomiting and became unwell at the venue.
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Alexandria Tea Rooms and Downtown Piano Bar, the licence names for bars operated at The Deck and Uptown on Lydiard Street, are contesting the criminal charge.
The Ballarat Magistrates' Court heard the woman taken to hospital had no recollection of the night in question in October 2020.
Defence barrister representing the company John Larkins said he did not dispute the woman 'ended up in a very poor state', but said the key issue was whether staff could tell she was intoxicated.
In their view... she was in a position where she could be served further alcohol.
- John Larkins, defence barrister
Mr Larkins said another key issue in the case was 'what ultimately caused her condition'.
"She certainly had consumed quite an amount of alcohol but there is an allegation she was interfered with by another patron in the toilet, which is unfortunately not a unique circumstance in today's world in bars," he said.
Mr Larkins said there was no evidence to support the charge for the upstairs bar under the name Alexandria Tea Rooms, as CCTV footage showed she had no interactions there.
He said two members of staff in the downstairs bar under licence name Downtown Piano Bar could give evidence to the court that they made assessments she was fit to be served alcohol.
"In their view, evidence can be given of this. She was in a position where she could be served further alcohol," Mr Larkins said.
"She certainly has a couple more drinks in the downstairs bar area, she quite suddenly ends up in a very distressed condition, she vomits into a bucket and ultimately she is taken away in an ambulance.
"The liquor control act contains a definition of intoxication... the really critical part is the interaction between the person who supplies the drink and what that person's state of knowledge was at that particular time."
The prosecution sought to amend the charges laid to include Pty Ltd next to the company names after it was left out in error.
But the defence said this could not be done because it had been more than 12 months since the alleged offence date.
The case was adjourned for the prosecution and defence to make submissions on this legal issue in May.
If the prosecution is not allowed to amend the charge it may be dismissed due to the error.
The existing names on the charge sheet are non corporate entities.
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
