Daylesford Pub Lacked Outdoor Dining Permit During Fatal Crash, Court Told | ABC Australia

A Victorian court heard that The Royal Daylesford Hotel, the site of a tragic road accident that claimed five lives in November 2023, was operating without a valid outdoor dining permit. The incident occurred when a vehicle veered off the road, crashing into two families dining outside the central Victoria hotel.

Five people, Pratibha Sharma, 44, her daughter Anvi, nine, partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his son Vihaan, 11, were killed, and six others were injured. The driver, William Swale, 69, had experienced a severe hypoglycemic episode prior to the collision.

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It means there was no formal permission to have the equipment, or outdoor tables and chairs, in that location.

During the ongoing coronial inquiry in the Coroner's Court of Victoria, Ron Torres, Hepburn Shire Council's director of development and community, testified that the hotel's outdoor dining permit had expired at the end of June 2022. Although businesses received extensions until July 2023, the hotel's renewal application was only submitted days after the council contacted them in September 2023.

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Beyond alerting the hotel that they didn't have a valid permit and going through a process of encouraging [them] to apply, I'm not sure of further actions beyond then.

Torres clarified that not having a valid permit meant the hotel lacked formal permission to have outdoor tables and chairs in that location. He was unaware of any site inspections or risk assessments conducted by the council concerning the hotel's outdoor space, noting he only began his employment with the council in September 2023. He stated he was unsure of further actions taken beyond alerting the hotel about the invalid permit and encouraging them to apply for renewal.

In response to questioning from Rishi Nathwani KC, representing the deceased's families, Torres conceded that the council's outdoor dining policy, which is currently under review, needs to incorporate greater risk assessment. The inquiry also heard that the council has since reviewed its permit processes and implemented safety measures, including reducing the speed limit in the area and planning to permanently close the intersection where the accident occurred to drivers.

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Yes