Racing Victoria (RV) Stewards have concluded their inquiry into the attendance of licensed and registered persons at the Tuki Restaurant and Trout Farm located on the outskirts of Smeaton (Tuki) on Thursday, 30 September 2021.
Smeaton is a rural town 41km north of Ballarat in the Shire of Hepburn (LGA). Tuki is located in a rural setting 10km north of the centre of Smeaton. The LGA, whilst not in lockdown on 30 September 2021, was subject to the Stay Safe and Restricted Activity Directions (Public Health Directions) in place at the time.
Stewards have established that a total of 10 RV licenced trainers from Ballarat, four registered stable employees and one unlicenced person attended the Tuki restaurant for lunch on Thursday, 30 September 2021 between approximately 1.00pm and 4.30pm.
The Public Health Directions in place within the LGA at the time allowed a person who owns, controls or operates a food and drink facility in Regional Victoria to operate that facility to permit members of the public to consume food or drinks only if:
- the number of members of the public in any outdoor space is limited to 30; and
- the number of members of the public in any indoor space is limited to 10.
The lunch party was originally booked for 10 guests inside the main restaurant room. Late bookings increased the number to 14 guests (and ultimately a late arrival meant there were 15 guests at the luncheon). This prompted the restaurant management to move the reservation from inside the restaurant to an alfresco setting adjoined to the main restaurant. The Stewards were advised by management that the restaurant has been catering for up to 10 guests inside the main room and up to 20 guests in the alfresco area in order to comply with density limits set by the Public Health Directions.
Stewards established that the travelling arrangements to Tuki from Ballarat included a hired mini-bus of nine guests, with the other six guests travelling privately in four separate vehicles; and that the majority of guests were therefore unaware of all the names of the guests attending until having arrived at the restaurant.
During the afternoon of 30 September 2021, after having arrived at Tuki, it was established that an attendee at the luncheon was identified as a close contact of a Ballarat stable employee who was awaiting the result of a COVID-19 test. That person had been informed that a family member, who is not involved in the racing industry, had been identified as being a close contact with COVID-19. As a result, all other attendees at the luncheon were identified by RV as secondary contacts and were directed not to attend licensed premises until they returned negative COVID-19 results. All attendees were cleared Friday evening, 1 October 2021 by RV to resume attendance at licensed premises and racecourses.
Stewards further established that two registered persons attending the luncheon were ordinarily resident in the Greater Melbourne Area and the holders of authorised worker permits, which allowed the individuals to travel from their place of residence to their place of work at a RV licensed premises. The permits did not allow travel from Melbourne (or any area in lockdown) into an area not in lockdown for anything other than a permitted reason. Their attendance at the Tuki Restaurant for the purpose of a luncheon is not considered a permitted reason.
The two registered persons did not realise they were attending the luncheon until late on the morning of 30 September 2021 and did so at the direction of their employer, licensed trainer Robert Hickmott. Mr Hickmott has accepted responsibility for arranging for them to attend the luncheon.
As a result of these circumstances, RV Stewards issued Mr Hickmott with a charge under AR227(a). Stewards alleged that Mr Hickmott engaged in conduct or negligence which led or could have led to a breach of the Rules of Racing by the two registered persons.
AR 227(a) states as follows:
Without limiting any other powers, a PRA or the Stewards may penalise any person who:
- commits any breach of the Rules, or engages in conduct or negligence which has led or could have led to a breach of the Rules;
Mr Hickmott pleaded guilty to the charge. The Stewards issued Mr Hickmott with a fine of $2000. In determining the appropriate penalty, the Stewards took into account Mr Hickmott’s early guilty plea, his cooperation with the Stewards, his remorse, and his evidence that when organising for the employees to attend the luncheon he genuinely overlooked that they were subject to different restrictions to him and therefore unable to attend the luncheon (given they live in the Greater Melbourne Area and he lives in Regional Victoria). The Stewards also considered the need for general deterrence and to remind racing participants that they need to familiarise themselves with the relevant COVID-19 requirements.
Having interviewed all 15 guests who attended the luncheon, and the restaurant management at Tuki, and having considered all the relevant circumstances surrounding the luncheon, the Stewards have determined that no further action will be taken.