The owner of a Perth bar is facing a possible jail term after pleading guilty to breaching strict COVID laws during a "secret" New Year's Eve party where revellers danced and were drinking standing up.
Vinod Parihar, 41, is the licensee and owner of The George in the CBD which hosted the party amid the backpacker Delta COVID outbreak over Christmas last year, when dancing was banned, and only seated service was allowed.
He was charged after police said they were confronted by locked doors and blacked-out windows when they tried to get into the venue to check on a noise complaint.
The Perth Magistrates Court was told today police had already attended the venue a couple of hours earlier and had warned Parihar of his obligations after seeing patrons standing up drinking and not wearing face masks.
Police scale gate and shut down event
The second time they attended was around 11.00pm, and despite knocking loudly on doors to obtain entry, they had to climb a locked gate to get in.
The police prosecutor said the officers saw around 150 patrons inside, some of whom were seated in a "haphazard manner" on people's laps and against walls.
The court was told the party was then shut down.
Parihar's lawyer, Michael Perrella, said the event took place after his client accepted a booking for what was described as a "private function" for around 150 people.
Mr Perrella said Parihar believed the invited guests were all known to each other, and he was expecting a group of people that would not be difficult to handle.
Parihar also believed that the partygoers had been sent an email beforehand reminding them of their obligations under the COVID laws that were in place at the time.
Mr Perrella submitted that during the night, around 11 announcements were made asking people to not dance and sit down, and he said vision that had emerged of a woman dancing on a tabletop at the end of the night had lasted only 10 seconds.
Parihar also shut down the service of alcohol for 51 minutes, which Mr Perrella said was to remind people to be seated and not dance.
"He did not organise the event. He did not profit from the event. He did make attempts to get people to comply."
Black curtains an 'attempt to keep people out'
Mr Perrella said his client denied that the locked doors and black curtains covering the windows were an attempt to stop the police getting in, saying instead they were aimed at keeping the public out.
"This was a private event, and he was concerned about people wanting to come in … it was not an attempt to exclude the police."
The court was told Parihar had co-operated with the police, including taking part in a 90-minute interview as well as handing over all CCTV footage from the night.
"He is not likely to commit any offence again. These circumstances are unique … it's a combination of being asked to host the party and crowd he was not familiar with."
A hefty fine or even jail awaits licensee
The two charges Parihar admitted carry a maximum jail term of 12 months or a fine of up to $50,0000.
Mr Perrella submitted a fine was the appropriate penalty and he also made an application for a spent conviction, meaning Parihar would not have a criminal record.
The court was told police had applied to suspend his manager's licence and Mr Perrella said if a conviction was recorded it could have an impact on those proceedings.
Chief Magistrate Steven Heath released Parihar on bail until his sentencing next week.
Parihar's co-accused, Farooq Latief, who the court heard was the organiser of the event, had his case adjourned until next month.
The corporate entity which owns the bar, of which Parihar is the sole director, pleaded not guilty to the two charges it is facing, and will face trial in August.
