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Australia

Outback pub ordered to repay $25,000 for breaching pandemic alcohol restrictions

Nearly six years of legal proceedings over Derby pub’s liquor limit violations may conclude

By LineZotpaper
Published
Read Time1 min
Sources2 outlets
A pub in Western Australia's Kimberley region has been ordered to forfeit $25,000 it earned by flouting pandemic-era alcohol purchase limits designed to curb liquor-fuelled violence, potentially ending almost six years of court action over the breaches.

The Spinifex Hotel in Derby, one of the town's only two pubs both owned by the same person, drew police attention in March 2020 when an off-duty senior sergeant witnessed a staff member sell a customer two blocks of Emu Export. At the time, state of emergency restrictions meant customers could legally buy only a single carton. The cashier allegedly told the customer the two purchases would be processed as separate transactions, and the officer reported hearing the staff member warn the buyer to 'be careful, they'll see you on the cameras' -- believed to refer to closed-circuit television cameras mounted by the local shire.

The Liquor Commissioner had imposed the limits under WA's state of emergency laws to tackle alcohol-related violence in the Kimberley. The order for forfeiture of $25,000 could bring an end to the protracted legal dispute involving the Boab Inn and the Spinifex Hotel, which have been the subject of proceedings since the 2020 incident.

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Analysis

Why This Matters

  • The case demonstrates how emergency public health measures were enforced against individual businesses during the pandemic.
  • The Kimberley region has long struggled with alcohol-fuelled violence, and the restrictions were a targeted response to that issue.
  • The outcome sets a precedent for how profits obtained while breaching temporary regulations can be reclaimed.

Background

During the COVID-19 pandemic, Western Australia declared a state of emergency that gave the Liquor Commissioner authority to place restrictions on alcohol sales in the Kimberley region. These limits were intended to reduce alcohol-related harm and violence. The Spinifex Hotel and the Boab Inn, Derby's only two pubs under the same ownership, became the focus of enforcement after an off-duty police officer witnessed an apparent sale exceeding the permitted amount in March 2020.

Key Perspectives

Pub owner: The proprietor of both Derby pubs has been engaged in legal proceedings since 2020 over the alleged breach. The forfeiture order specifically targets $25,000 in revenue made while the limits were in place. WA Police: Police action began with the off-duty officer's observation, leading to a case that has now spanned nearly six years. The enforcement underscores the seriousness with which authorities viewed compliance with pandemic-era restrictions. Critics/Skeptics: Some may question the proportionality of pursuing a small-town pub for more than half a decade over a relatively minor infraction, especially given the challenging economic circumstances faced by remote businesses during and after the pandemic.

What to Watch

  • Whether the forfeiture order is accepted or appealed by the pub owner.
  • Any further legal actions or fines related to the Boab Inn, which is owned by the same person.
  • Ongoing monitoring of liquor restrictions in the Kimberley and their effectiveness in reducing violence.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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