Two New South Wales government agencies are assessing allegations that leading hospitality group Merivale condoned drug use at its venues, failed to adequately respond to claims of sexual assault and screened at an awards night uncensored CCTV footage of people having sex.
The allegations, which were part of an ABC investigation into the hospitality industry, have been described as serious and concerning by Liquor and Gaming NSW and SafeWork NSW.
A spokesperson for SafeWork NSW told the ABC: "The allegations of serious work health and safety issues highlighted in recent media reports relating to Merivale are concerning.
"SafeWork NSW is making enquiries into the allegations raised in these media reports. No further comment can be made at this time."
A spokesperson for Liquor and Gaming NSW told the ABC that it "views the recent allegations in the media regarding the Merivale Group seriously".
"Liquor & Gaming NSW will assess whether there have been any breaches under NSW liquor legislation, for which we hold responsibility.
"Our agency also stands ready to assist with any investigations by other relevant authorities."
It is understood Liquor and Gaming NSW is assessing the circumstances of the screening of CCTV footage at a Merivale staff event in the context of NSW liquor legislation.
This week the ABC revealed Merivale has been accused of fostering a culture that places women at risk, condones drug use by staff and patrons and fails to adequately address claims of sexual assault.
One former staff member alleges she was raped by a colleague at his home but was then rostered to continue working with him.
Another former staff member alleges she was grabbed by two men while on shift, but was criticised by her manager when she reported the incident.
NSW Police are investigating allegations by Jess Helinksi, a former patron of Merivale's Ivy nightclub, that she was presented as a sex worker to a group of men she didn't know.
The ABC also revealed that Merivale played explicit and uncensored CCTV vision of people having sex in a lift and urinating in public to hundreds of staff at an awards night in 2017.
In response to allegations it failed to adequately address claims of sexual assault, a spokesperson for Merivale said: "We have no record of the incidents that you have described. We are therefore unable to respond to what we consider to be unfair questions."
Responding to questions around the use of CCTV footage, the spokesperson said: "It is lawful for Merivale to capture this footage and there can be no reasonable expectation of privacy for any patron attending."
Lawyer and expert in workplace cultural reform Prabha Nandagopal said the revelations showed that change was needed across the hospitality sector.
"I do think hospitality is now having its moment of reckoning similar to the music industry and the mining sector, and real change will require commitment from everyone involved — so the industry leaders, workers, unions, and it must be backed by the government as well," she said.
Bridget Raffal, the Director of Women and Revolution — an organisation supporting women in the wine and hospitality industry — described the screening of CCTV vision by Merivale as "dressing up exploitation as some twisted form of entertainment".
"Displaying CCTV footage of intoxicated people engaging in humiliating behaviour not only reflects a shocking lack of professionalism but also demonstrates a gross disregard for the dignity, safety, and wellbeing of their employees," Ms Raffal said.
She said Merivale's response to the allegations "not only undermines the legitimate concerns of their employees but also exposes a culture that is shockingly out of touch with modern expectations for professional behaviour".
Merivale did not respond to a request for comment from the ABC on Friday.
In relation to the screening of the CCTV vision, a spokesperson for the Office of the Australian Information Commissioner said: "As a general rule, under the Privacy Act organisations should only collect personal information if it's reasonably necessary to carrying out their business.
"If a hospitality venue, covered by the Privacy Act, is using a security camera or CCTV, they need to make it clear to patrons that their images may be recorded, and they need to make sure that personal information is secure and destroyed or de-identified when it is no longer needed. Holding onto this information unnecessarily greatly increases the risk of privacy breaches."