Ruff justice: Push to end ‘outdated NIMBY’ dog ban in NSW dining laws

Man’s best friend is having a ruff time, with an “outdated NIMBY law” being patchily enforced across NSW pubs, clubs and cafes – leaving some dogs welcomed with open arms, and others turned away.

An "outdated NIMBY” law is to blame for the confusing reason why dogs are let inside certain venues but not others as The Mitch Hotel owner Phil Anderson, pictured with pub regular William Ryan and his dog Isla, joins the call to open up the state's pubs, clubs and cafes to man’s best friend.

Man’s best friend is having a ruff time thanks to an “outdated NIMBY law” that’s being inconsistently enforced at NSW pubs, clubs and cafes, pet owners claim.

Local and state government claim their hands are tied on reform, despite claims dogs are being openly welcomed inside some venues but barred from others.

Business owners and animal lovers claim a clause in the Food Standards Australia rule book, which is enforced by councils, is causing a headache as it bans all animals except service dogs from indoor dining areas.

Venues can decide individually whether to allow dogs within outdoor areas, however, if they install temporary shelters to keep out winter’s chill dogs are no longer permitted.

After taking over Alexandria’s The Mitch Hotel and its dog-friendly policy last month, Phil Anderson was caught by surprise when an anonymous complaint to City of Sydney Council led to a visit from an inspector, who told him it was illegal to allow dogs indoors due to food safety concerns.

The Vic Hotel in Enmore is one of Sydney’s dog-friendly pubs.

Mr Anderson claimed it is commonplace for paws to cross the threshold at Sydney venues without complaint, including his own, and is now campaigning to scrap the clause.

“Right now one person can change how thousands of people use the pub … it’s like the old NIMBY noise issue where one complaint would shut down a whole venue,” Mr ­Anderson said.

“A pub can quietly allow dogs inside for years without issue, while another is slapped with a warning after one ­complaint.

“That’s not a real system, that’s a coin toss.

“Because of the outdated laws, we now have to say no to a part of the family that many people consider just as important as their kids.”

Fifth-generation publican Will Ryan said as long as safety rules are followed, pets like his son’s dog Isla shouldn’t be left in the cold.

“If dogs are poorly behaved we would kick them out just like people, but a well-behaved dog is a great addition to any pub,” he said.

In the past two years, City of Sydney Council has received just 21 complaints of dogs in indoor areas, but has held off on taking any enforcement action.

Mayor Clover Moore wrote to the Minns government last year urging for pets to be allowed in indoor dining areas.

“People want to bring their pets … increasingly, operators want to allow it,” Ms Moore’s letter read.

“But the current laws and standards are not keeping pace with community expectations.”

A City of Sydney Council spokeswoman said it would “advocate” for dogs to be allowed inside venues, “but our hands are tied by current NSW Government legislation”.

“Until legislation changes, if we receive a complaint, we will talk to the venue involved,” she said.

The Minns government has also claimed to support changing the rules, but is bound by food codes set on the national level by Food Standards Australia New Zealand (FSANZ).

NSW Agriculture Minister Tara Moriarty said she would bring up reviewing the ban at the next FSANZ meeting but said “local councils need to communicate” the rules to communities until then.

Originally published as Ruff justice: Push to end ‘outdated NIMBY’ dog ban in NSW dining laws