The O’Hara Group has successfully challenged a fine from the state regulator over COVID regulations, at Parramatta’s Collector Hotel.
Following the first tranche of lockdowns, the O’Haras were forced to reconfigure aspects of their venues, particularly the spacing of machines in gaming rooms. Around $90k was invested at the Collector on a range of measures, for the optimal solution.
The pub also engaged a full-time COVID marshal to ensure people were not sitting at adjacent machines.
Last September L&G investigators entered the pub, armed with tape measures. They were not satisfied with the arrangement, and issued an infringement notice on the basis EGMs were not 1.5 metres apart.
Maximum penalty on the infringement is a $50k fine and potential criminal conviction, which would affect the Hotel’s licence.
Although six comparable cases before the courts involving pubs have all pleaded guilty, the O’Haras elected to dispute the charge.
Acting for the Group before Court in late December was lawyer Paul McGirr, who argued that the current COVID regulations stipulated spacing (of 1.5 metres) of machines was irrelevant if there were practical measures to prevent spread of the virus.
And The Collector’s marshal prevented people sitting at machines side-by-side.
“A poker machine can’t transmit COVID to another poker machine,” McGirr told Downing Local Court.
Magistrate Michael Anstrum deliberated on the argument, returning the following day to concur and dismiss the charges.
Dan O’Hara told PubTIC they were naturally very pleased with the result, and in such tough times hope other pubs that have taken all precautions may be similarly allowed to go about their business.
