Patrons enjoying a quiet drink at a Fitzroy pub last week were left surprised when City of Yarra officers wearing body cameras entered the venue to investigate a complaint.
Their concern was not noise, violence or liquor licensing, but the presence of dogs inside the Rose Hotel.
Owner Neil Spark said council officers identified one of the dogs, photographed it and advised him he could face a fine for allowing animals inside the bar.
According to an inspection report prepared by the City of Yarra, the customer’s complaint was deemed “justified”, noting that a dog was “proudly announced to be inside the premises at the time of inspection”.
Victoria’s hospitality venues are required to comply with both the national Food Standards Code and the state Food Act 1984, with local councils responsible for enforcing many of those regulations.
The rules permit animals (other than assistance animals) to be in outdoor dining areas that are not substantially enclosed by walls, roofs or café blinds. However, dogs are prohibited from entering food handling areas.
Following the inspection, the City of Yarra directed Spark to “immediately cease allowing dogs into the premises”, warning that further action, including fines, could follow.
The Rose has had dogs in the pub’s bar area for years.
Spark believes the decision to have dogs in a venue or not should rest with the venue.
“My regular customers who bring their dogs in will be very vocal and do whatever they can to try and get the law changed,” Spark told The Age.
The issue first surfaced two years ago when the City of Yarra reminded hospitality venues that dogs were prohibited from being in food-handling areas. A petition calling for pub owners to decide their own dog policies attracted more than 8k signatures.
A council spokesperson said enforcement begins with warnings and only escalates to fines for ongoing breaches, with penalties of up to $1,007.55 for individuals and $2,035.10 for businesses.
Currently rules governing dogs in food service areas are set under Commonwealth legislation, which permits only assistance animals indoors, with venues to decide whether to allow dogs in outdoor dining areas.
Spark told Today that banning dogs could have a negative impact on his business and wants to bring the issue to the State government, where the laws can be changed.
The pub has a surprising ally in Mayor Stephen Jolly, who believes most of the community is asking for a sensible approach to the issue.
“You can’t bring a dog into a kitchen in a pub, obviously,” Jolly told The Age.
“But allowing people to have a dog at their feet while they’re having a beer and listening to a jazz band on a Sunday afternoon, for god’s sake, what’s wrong with that?”
The pub has created a Change.org petition to update state laws.
