The Pastoral Hotel learns its fate for opening during COVID-19 lockdown
A David and Goliath battle between a country publican and the state government has ended in court. Read the outcome.
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A defiant Echuca publican who dared to open his hotel and serve meals during the pandemic lockdown last year has learned the price of his one-man rebellion.
Trevor Bernard Andrews was fined $5000 and convicted of two counts of failing to comply with the direction of an authorised officer for choosing to open The Pastoral Hotel to customers in July 2021.
A further charge of refusing to comply with a direction of an authorised officer was thrown out at the Echuca Magistrates’ Court on Wednesday morning.
The result was partial victory for Mr Andrews who had been facing down fines totalling about $22,000 and sabre rattling from Victoria’s top cop who had threatened to throw him behind bars.
Mr Andrews was accompanied by a small band of supporters for each of his court appearances.
The court was told The Pastoral Hotel had reopened during the state’s fifth lockdown in 2021, with Mr Andrews saying at the time that it was within his “constitutional right” to do so.
Judicial registrar Allison Vaughan told the court she was not persuaded by his arguments but she understood he had been motivated by hardship.
A crowdfunding webpage was created in the hotel’s name last year in the wake of the huge fines, but it has since been taken down.
The appeal page had said the hotel had “opened during Victoria’s Lockdown 5.0 out of sheer desperation ... and did what so many haven’t had the courage to do and opened their doors to dine in patrons.
“They have had minimal help from the Victorian government, nor do the Victoria government understand what people in these industries and small business are actually going through.”
Mr Andrews was one recipient of the more than 50,000 fines handed to Victorians for breaching COVID-19 restrictions.
A state budget estimates enquiry earlier this year was told by Justice Department Secretary Rebecca Falkingham that about half of those had not been paid.
There were nearly 40,000 fines issued for “general breaches” and about 1700 for illegal gatherings, as Victorians chaffed at the restrictions.
Victorian Police Chief Commissioner Shane Patton said in July last year that it was “absolutely within the power” of police to jail Mr Andrews for staying open in defiance of the lockdown.
Mr Patton said punters at the pub were also penalised for breaching the lockdown, with more than $100,000 in fines handed to those who attended the venue across the three days it was open.
Mr Andrews was in no mood to talk after his court appearance on Wednesday and refused all requests for interviews.
The Australian Hotels Association said the restrictions had created “extreme uncertainty” at the height of the crisis for publicans and it had scrambled to help members keep on top of all of the changing rules and regulations.
It worked closely with government to provide relevant information to members to assist in the management of what was “a very unpredictable situation”.