The owner of two pubs in the wild far northwest has dodged a bullet to stay in business, but copped over $100K in fines for what police allege were more than 2,700 breaches.
An investigation by Western Australia’s Liquor Commission was triggered when a complaint from police alleged the director of both pubs, Emanuel Brian Dillon, based in Perth, 2,400 kilometres south, was not ‘a fit and proper person’.
The authorities claimed 2,752 breaches of the liquor act between the Spinifex Hotel and Boab Inn, both in Derby, with the Spinifex also accused of being the source of alcohol trafficked to dry communities in the Kimberley, such as Halls Creek, around 550 kilometres east of Derby.
Precincts in the Kimberley have some of the strictest liquor regulations in the country.
At a hearing, lawyers representing the Commissioner of Police submitted that Dillon was fully aware of the alcohol trafficking, and that his inability to comply with COVID restrictions exemplified his lack of fitness.
“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.
“[Dillon] has done no more than the bare minimum to ensure [the two pubs] will comply with their licence conditions.”
In his defence, Dillon’s lawyers argued there was insufficient evidence to support the accusation of deliberate ‘sly grogging’ and that he had no reason to believe his managers were not complying with liquor restrictions around COVID.
Dillon admits he is ultimately responsible for what goes on, but pleaded that he had employed management staff with approved licences and no bad history. He says he could not have managed the business more than he did, due to travel restrictions at the time, telling the ABC if he had the time again he doesn’t believe there is “anything more I could do”.
“I do deeply care for the Derby community and do whatever we can for the community, which is why this is an emotional thing for me.”
Handing down its decision, the Commission was critical of the respondent’s participation, citing repeated failure to provide requested evidence, “spurious pleadings” and excuses for non-compliance, which delayed the matter and proved costly for the Commission.
Importantly, Dillon’s responses did “not give confidence” that he has a proper regard for industry standards.
Cause for disciplinary action was stipulated on five charges submitted by police, which included breaches of the Act and disregard for public interest.
But significantly, the Commission stopped short of revoking Dillon’s licence, finding that while his conduct was lacking, it did not “reach a level of sufficient seriousness” to meet the definition of ‘not a fit and proper person’, under the Act.
The Boab Inn was fined $30K, and the Spinifex Hotel $60K, the greater fine said to have been for its numerous and repeated breaches. Op-co Spinifex Holdings is also facing further action over revenue made during the 2020 restrictions.
Dillon personally received an additional fine of $50K, but retained his liquor licence and is permitted to continue to operate the two hotels.
