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Regulars sipping pots of beer in a Fitzroy pub last week were stunned when Yarra Council workers wearing body cameras descended on the venue to investigate a patron’s complaint.
The reason for the health protection unit’s arrival at the Rose Hotel? The bar’s owner, Neil Spark, was allowing dogs inside the bar.
On entering the popular watering hole, the council workers identified the pooch, photographed it and told Spark he may receive a fine.
A report later filed by the City of Yarra, of which The Age was provided a copy, said the customer’s complaint had been “justified” with a dog “proudly announced to be inside the premises at [the] time of inspection”.
Across Victoria, venues must adhere to both the federal Food Standard Codes and the state-legislated Food Act (1984) – the latter of which is largely enforced by councils.
Under both the code and the act, animals – with the exception of service animals – are allowed in outdoor dining areas that are not substantially enclosed by walls, roofs or cafe blinds, but must not be taken into food-handling areas.
Following the Yarra workers’ visit to the Rose Hotel, the council told Spark that he “must immediately cease allowing dogs into the premises”.
“The only exception to allowing dogs into the premises is if they are assistance or seeing eye dogs. NO pet dogs or other animals are permitted inside the premises,” the letter stated.
Spark told The Age: “We’ve had dogs in the pub for years, not in the kitchen or anything like that, but just in the public bar area. But then the council health and safety officers have started to enforce this.”
He said venue owners should be able to decide if they wanted to be a dog-friendly or not.
“My regular customers who bring their dogs in will be very vocal and do whatever they can to try and get the law changed.”
Two years ago, the City of Yarra sent letters to venues in the area warning that dogs were prohibited from food-handling areas. A petition from locals, which called for council to allow pub owners to use their discretion, swiftly amassed more than 8000 signatures.
A spokesperson said the council took a graduated approach to enforcing the law, which included verbal and written warnings, and “would only culminate in formal enforcement should businesses choose to continue breaking the law”.
Fines, the spokesperson said, were up to $1007.55 for individuals and $2035.10 for companies.
Despite the City of Yarra’s processes, Mayor Stephen Jolly said the vast majority of the community wanted a sensible approach and noted many councils were turning a blind eye as much as they could, acting only when there was a complaint.
“You can’t bring a dog into a kitchen in a pub, obviously. But allowing people to have a dog at their feet while they’re having a beer and listening to a jazz band on a Sunday afternoon, for god’s sake, what’s wrong with that?” he said.
A spokesperson for City of Yarra said the complaint regarding the Rose Hotel was the second the council had received about the venue.
“In reviewing the case, the decision was made to issue a formal warning, noting that there may be a follow-up inspection to confirm compliance,” the spokesperson said.
A spokesperson for the Victorian government told The Age on Tuesday: “Dogs in food service areas fall under Commonwealth legislation, which sets out hygiene rules that only allow assistance animals in indoors dining areas. Outside, it’s up to venues to decide how they manage dogs.”
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