Supreme Court overturns fines for pub director over liquor breaches
The director of two licensed venues in Derby, Western Australia, has welcomed a Supreme Court decision that quashed more than A$140,000 in penalties imposed on him and the businesses.
The fines, originally handed down to Emanuel Dillon and his two venues — the Spinifex Hotel and the Boab Inn — stemmed from an appeal initiated after the Western Australia Police lodged a complaint to the WA Liquor Commission in 2021.
The complaint alleged 2,725 breaches of the Liquor Control Act between 2019 and 2021, largely related to regional liquor restrictions and reported incidents.
In 2022, a three-member panel of the Liquor Commission found the venues in breach, issuing A$90,000 in penalties to the hotels and a further A$50,000 fine to Dillon.
However, the appeal argued that the process lacked procedural fairness, as one of the commission members who participated in the final decision had not attended the hearings.
Justice Stephen Lemonis, delivering judgment on 22 May, agreed, stating: "At the very least, the appellants were deprived of the opportunity to be heard as to the process by which the new member would familiarise himself with the matter, and as to how the appellants could address any particular concerns that the new member held regarding their response to the complaints."
Following the ruling, Dillon expressed relief. "I was clearly and obviously relieved that we can try and get back on with business. But it wasn't really a shock," he said. "There were multiple grounds that the appeal should have been granted."
He also reflected on the impact the case had on his personal and professional life.
"The biggest thing for me is it's been really hard to run a business in the struggling town [Derby] with this over the top of my head," he said. "I've got family and friends, and it's been a really hard, emotional toll."
Although the fines have been overturned, Dillon said he would not recover the estimated A$150,000 spent on legal expenses.
While the original penalties have been set aside, Justice Lemonis directed that the matter be returned to the Liquor Commission for fresh consideration by a new panel.
Dillon expressed hope that this would not proceed. "We’re hoping we can dust ourselves off. We’re hopeful the locals give us a chance, and people from Broome come and visit us as Derby grows," he said. "We can spend some of the money we've had to divert to this appeal. We can start investing back in Derby as we did in the past."
A separate action is ongoing involving Spinifex Holdings, related to alleged illegal gains during COVID-19 trading restrictions, with a decision expected later this year.
The Department of Local Government, Sport and Cultural Industries has been contacted for comment. The Commissioner of Police declined to comment, citing the matter is ongoing.
Jonathan Jackson, 29th May 2025
