Court hearing loss leaves Downs Hotel Toowoomba with $7300 bill

The Downs Hotel was fined $6672 by Toowoomba Regional Council for failing to comply with Covid-19 restrictions in 2020.

Downs Hotel owner Simon Thompson has lost his court battle to have a $6672 Covid-19 compliance breach fine overturned.

Toowoomba Regional Council (TRC) had imposed the fine after officers visited the Drayton pub on a number of occasions in September 2020 and found the hotel was not complying with then Covid-19 restrictions in keeping patrons 1.5m apart.

Mr Thompson argued he had a different interpretation of the rule and that he had ensured tables and chairs were 1.5m apart before each shift.

He argued that he couldn’t help patrons moving tables and chairs when seated.

Solicitor Harrison Humphries, prosecuting on behalf of TRC, told the Toowoomba Magistrates Court hearing council officers had warned Mr Thompson about the noncompliance the week before and that when they returned to conduct an inspection, nothing had been implemented to ensure people remained 1.5m apart.

Two officers recorded their conversation that day on September 25, 2020, on body cam, footage of which was shown to the court.

Under cross examination by Mr Humphries, Mr Thompson conceded he had been “capable” of ensuring social distancing was done that day.

Simon Thompson, owner of the Downs Hotel, Drayton upset with Covid-19 breach fine.

However, he refused to acknowledge that photographs of people appearing to be seated closer than the 1.5m gap, saying he couldn’t tell by the photographs.

Magistrate Kay Ryan said the Industry Covid Safe Plan and the Act stated “physical distancing” which referred to people, not furniture.

Going by the photographs, it was clear Mr Thompson could have rectified the situation by moving a table one to two metres to the left away from other tables, she said.

Ms Ryan said it was also clear on the bodycam footage that Mr Thompson stated he didn’t agree with the rules as had been put in place at that time under the Public Health Act.

Mr Thompson said his was a small family business trying to stay open after being closed for three months due to the pandemic and he had offered a solution and had been told he wouldn’t be fined.

Taking into account the business had no previous offences, Ms Ryan ordered the conviction not be recorded and reduced the fine to $5000 but ordered Downs Hotel Toowoomba pay legal costs totalling $2355.35.