PUB PUSHED TO THE BRINK OVER MASSIVE COVID FINE

The Queensland state government is $20,000 richer after a police sting on the weekend trapped three country pubs in alleged breaches of COVID-19 restrictions, with at least one shaken under the weight of the debt.

Queensland police and OLGR licensing officers conducted covert operations on pubs in Wallumbilla, Injune and Roma, steadfastly enforcing the direction from the Chief Health Officer.

As of 30 June, the Federal Hotel in Wallumbilla – 439 kilometres west of Brisbane and hundreds from the closest-recorded case of COVID-19 – has shut the doors, leaving the 191 locals that call the town home without a pub and staff without a job.

The freehold owner of 14 years is Sam Senescall, who is devasted by the loss of the business after so many recent challenges.

In what sounds close to the definition of entrapment, it has been reported that on Saturday (27 June) around 1pm eight plain clothes officers came into the Federal – having failed to pre-book, as is the expectation. They sought lunch and were instructed to sit in the rear section of the outdoor area, as there were other patrons inside and in the beer garden. Finding their area, the officers proceeded to draw tables and chairs together as a group.

At the entrance was a sign-in book instructing all entrants they must provide personal details, but unlike all other guests, the officers did not sign in.

A typical Saturday at the Federal comprises 10 people throughout the entire day, and rarely more than three at a time.

But pubs had just reopened, and a number of small groups had opted to come in for lunch. Most had pre-booked. Queensland regulations are currently allowing 20 people per area, with 4sqm floorspace each limiting overall numbers.

Working by herself, Senescall was happy to see the trade but somewhat overwhelmed with around 30 patrons spread around the Hotel. 

On Sunday police returned and issued the penalty for $6,672.

Senescall says she has tapped her savings, borrowed $40k, and drawn on her personal super to keep the pub afloat, and keep paying her permanent staff even while she is not getting a wage and not eligible for JobKeeper due to the business structure.

She says the fine is “the final straw”.

“I’ve been struggling to pay bills, and get stock for the kitchen … I can’t afford to pay the fine.

“I don’t have two cents at the moment. We’ve been barely keeping afloat before this.”

According to bank records, this past Saturday was the Hotel’s busiest day of trade in 3.5 years, after half a decade of local hardship, through drought and bushfires. The pub’s annual turnover has fallen from $2 million to $500k, pre-virus.

Police reportedly suggested the Hotel was always busy as it was the one featured in the Iron Jack commercial, filmed two years ago, but Council getting rid of the free camping areas have meant not many tourists coming through these days. Explaining the anticipated trade and that she was by herself met with a response of “you should have been more organised”.

Staff at the pub had recently completed the COVID-19 online medical training provided by Qld Health, but OLGR is understood to prefer the lesser course provided by TAFE QLD, meaning this State training did not account for anything.

PubTIC contacted OLGR and Queensland Police Service, receiving a statement on how QPS is working with OLGR in ensuring public safety by catching premises not complying with obligations.

“Despite officers speaking at length with business owners and providing information regarding compliance issues, premises continued to breach directions.

“During the operation it was identified businesses were failing to: restrict patron numbers appropriately, implement social distancing measures, appropriately maintain guest registries and restrict people from gathering around bars.”

Conceding she had not enforced the sign-in, Senescall suggests she “apparently” should have told the officers pulling tables together they should be socially distancing – although in most jurisdictions groups of this size are not typically made to social distance from themselves.

In terms of how the pub “continued to breach directions”, the Federal had had one prior COVID restrictions-related visit from police, with no fine, for supposedly allowing a resident guest to purchase a stubbie and begin drinking on the footpath outside.

Any accusation of “gathering around bars” is not currently viable, given social distancing fixtures around the bar that space apart the guests and people arriving to collect takeaway.

The acceptance of coronavirus restrictions has been reportedly very good in the community, as locals stayed indoors and kept their distance, but Senescall says this changed after the protests in Brisbane. Staff are regularly abused or threatened, one recently getting a stubbie and change thrown at her for insisting someone be seated at the bar.

Many people in town have lost businesses, already broken by drought, their financial stresses amplified by the pandemic, which has never even seen the region. Locals have become “very much on edge” and altogether angry at the double-standard.

“Their whole customer demeanour has changed and gotten really aggressive and violent over COVID,” she says.

“And the fact that government is changing things willy-nilly, and letting protests and stadium sports happen while they can’t do family things, even go to the pub and have a beer without being seated.

“It’s gotten to the point it’s really hard to do customer service.”

The weekend’s QPS exercise also caught the Royal on Ninety-Nine, in Roma, 479 km west of Brisbane, with a more sizeable population of 6,848.

It too was fined $6,672, and having appeared in an article yesterday by the ABC Federal Member for Maranoa David Littleproud has gotten involved, lest the fine “send this pub broke”.

“What is needed here is education,” he said.

The Royal’s owner, Bruce Garvie, relayed that their fine was issued because staff failed to record the name and details of an inspector who dined in the pub’s café on Sunday morning.

Many of the residents of Wallumbilla have called, pleading “don’t shut the pub”, but unable to pay this week’s wages, choices are limited.

Senescall was not informed about and offered there no grounds for appeal for the on-the-spot fine, but PubTIC has now confirmed with QPS that the infringement notices can indeed by challenged.

The Queensland Public Health Act of 2005 was amended to provide for the COVID-19 regulations around trade in pubs and clubs, and police can issue an on-the-spot infringement notice of $6,672.50 for corporations for “failing to comply” with such a Public Health Direction from the Chief Health Officer.

The person to whom a public health direction applies must comply unless able to provide “a reasonable excuse” although Matthew Bradford, partner at Queensland licensing specialist Mullins Lawyers, says it is not clear what such an excuse may be and that persons receiving such a notice should seek legal advice on their own circumstance.

“If you receive an infringement notice, you can dispute it with the agency that issued the infringement notice and ask them to withdraw it,” he explains.

Failing direct resolution, a person can also request that the matter be heard before and decided by the Magistrate’s Court, with the normal 28-day time limit to apply, although he warns an unsuccessful appeal may bring additional Court costs.

“Before you apply to Court you would want to ensure you have valid grounds to challenge the infringement notice. 

“Specifically, you would need to have a ‘reasonable excuse’ for the failure to comply with the Public Health Direction.”

Mullins Lawyers has agreed to provide an initial consultation to the Federal Hotel.

More to this story as it unfolds.

A Go Fund Me campaign has been set up to help the Federal Hotel. CLICK HERE for more information or to donate.