Cumberland Hotel publicans allegedly owe three months’ rent and outgoings, plus legal fees

Papers posted on the front door of a Smeaton pub allege the publicans are months behind in rent payments and shut their business without permission.

The Cumberland Hotel in Smeaton, pictured in 2021.

Two country Victorian publicans appear to have been served with documents alleging breaches of their lease and thousands in rent arrears.

Papers seemingly posted on the front door of the Cumberland Hotel at the weekend alleged Caleb and James Consiglio failed to pay certain rent and outgoings from mid-December 2022 to mid-March 2023 and shut the doors to their business without landlord permission.

It is the latest in a series of incidents surrounding the pub, located in Smeaton, near Daylesford.

Late last year a car smashed into the Cumberland and caused thousands of dollars’ worth of damage.

A car hit the Cumberland Hotel in Smeaton on December 6, 2022 following a crash at the intersection outside. Photo: Contributed

In February, James Consiglio reported being the victim of a homophobic attack at the venue, after which he and his husband decided to leave after less than six months of running the pub.

“It was never easy, we never thought it would be, but we also never knew that we would be subject to so much hate and harassment from a small handful of community members,” they wrote on social media at the time.

“ … We sadly got to the point where we could no longer keep fixing capital repairs at our own expense, we could also not operate a pub that was unsafe for our staff to work in and for our guests.

“We could not make the uneducated see sense and uphold accountability.”

The Ballarat News has received correspondence and spoken with several people who deny the alleged widespread homophobia.

The documents on the door, dated March 30, said the Consiglios needed to pay nearly $11,000 in unpaid rent and other costs associated with running the pub equalling more than $8000, and the landlords’ legal costs of $1,650 within two weeks.

According to the liquor licence, of which Caleb Harvey was a nominee, trained chef James Consiglio was not to be involved with the business.

“James-Anthony Consiglio is not to have any involvement, directly or indirectly, in the business of the licensee and is not allowed to attend the licensed premises during trading hours and whilst the premises is open to the public,” the general license said.

The hotel’s phone number has since been disconnected and Caleb Consiglio is selling bar stools, chairs, and tables online.

Solicitors indicated by the documents to be acting on behalf of the Cumberland’s landlords declined to comment.

The Consiglios were also contacted but did not respond.

It is not known if any of the alleged money owed has been repaid.