Two WA pubs accused of breaching liquor licensing rules more than 2,000 times
Two WA pubs have been hit with more than $100,000 in fines after allegedly breaching liquor licensing rules more than 2,000 times.
Western Australia's Liquor Commission fined the Derby's Spinifex Hotel and Boab Inn operators $60,000 and $30,000 respectively. The director, Perth-based businessman Emanuel Brian Dillon, was fined an additional $50,000.
Dillon will keep his licence to operate and the Kimberley based pubs may remain open.
Police allege the venues breached the liquor act 2,752 times and the Spinifex Hotel had become a source of alcohol being illicitly trafficked to dry communities such as Halls Creek.
"The direction to sell liquor that is suspected to be for the purpose of sly grogging to Halls Creek evidences a disregard, if not lack of respect, for the conditions seeking to address serious community problems with alcohol consumption in Halls Creek," lawyer Toby Bishop of the State Solicitor's Office representing the Commissioner of Police said in his submission.
The complainant singled out Dillon as unfit to hold a licence.
"[Mr Dillon's] inability to properly manage and ensure compliance with the COVID liquor restrictions exemplifies his lack of fitness and propriety," the complainant said in his submission.
"He has shown a blatant disregard of his duties as a person who holds the controlling position of authority in a licensee.
"He has done no more than the bare minimum to ensure [the two pubs] will comply with their licence conditions."
The Kimberley region, including Derby, has some of the strictest liquor laws in Western Australia, with daily purchase limits and restricted takeaway hours. Despite this, respondents in the inquiry argued that there was insufficient evidence to support claims of routine sly grogging at the Spinifex Hotel.
Lawyer Peter Fraser, representing both venues and Dillon, asserted that his client "did not" and "should not" have been aware of the alleged breaches. He emphasised that Dillon had no reason to suspect non-compliance with COVID-19 liquor restrictions.
Dillon told the ABC he knew he was ultimately responsible for the venues but he employed staff who had an approved managers licences with no bad history.
"I couldn't manage the business any closer than I did at the time because the Spinifex Hotel was positioned in Derby and there were restrictions, I wasn't allowed to travel there," he said.
"I believe I did everything I could to protect the community against anything that we may or may not have done wrong and I stand by that.
"I don't believe if I had my time again there's anything more I could do."
However, the recent commission inquiry found serious misconduct by Spinifex Holdings and criticised the company's "continual refusal" to cooperate, labelling its actions as "unreasonable" and "disregarding industry standards."
Jonathan Jackson, 17th December 2024
