Rush traded without liquor licence: Club owner fined

KIM WATERS
A Moorabool Street night club owner who served alcohol on his opening night without a liquor license made a “genuine and honest mistake”, a court heard this week.
Rush night club owner Robert Thornley, 43, faced Geelong Magistrates Court on Wednesday to answer charges of selling alcohol without a license and making a false statement in his liquor license application.
Police Prosecutor Leading Senior Constable Geoff Lamb told the court Thornley completed an application for the transfer of former Cruise Club’s liquor license on May 10 but failed to include information on an attached questionnaire about his prior domestic violence charges.
Snr Const Lamb said in an interview on June 13 Thornley told police he had misread the question seeking details of prior charges because he “was not wearing his glasses”.
Snr Const Lamb said police attended a Rush opening on July 25 after receiving information that Thornley’s liquor license application had been rejected.
Police witnessed 400 patrons at the club and staff serving alcohol, the court heard.
Snr Const Lamb said the former owner’s liquor license was still displayed on the wall of the club.
Thornley said he was the manager but later “avoided police” when they attempted to question him.
In a July 29 police interview Thornley admitted he did not have permission to use the former owner’s license and “should not have had it” on the wall, Snr Const Lamb said.
Mr Fargo, for Thornley, said his client had organised a liquor license online in an attempt to “save money”.
“That was his first mistake,” he said.
“He was very naive…very enthusiastic.”
Mr Fargo said Thornley “rushed through” the questionnaire and sent off the documentation to the Liquor Licensing Board.
“Because he didn’t hear anything back he decided to open.”
Mr Fargo said Thornley was $43,000 in arrears after police shut down the club for three months.
Thornley had since arranged a liquor license through a friend and had re-opened in mid-October, he said.
Magistrate Ann McGarvie convicted and fined Thornley $800.
“You are a grown man,” she said.
“It’s your responsibility to find out all the necessary legalities of the business.”