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Future of Derby's Spinifex Hotel, Boab Inn yet to be decided by WA Liquor Commission

Derby's Spinifex Hotel is one of the only pubs in the remote Kimberley town. (ABC Kimberley)

The owner of Derby's two main pubs says "devastating" delays by Western Australia's liquor authority have jeopardised the future of his businesses.  

WA Police lodged a section 95 application with the Liquor Commission against the Spinifex Hotel and Boab Inn in May 2021, alleging the pubs were not being properly managed.

The application came after the owner and managers were convicted of illegally serving alcohol in breach of the Kimberley's COVID-19-era liquor restrictions.

The Liquor Commission held a closed-door hearing into the application in February last year, with WA Police arguing Perth-based businessman Emanuel Dillon was an unsuitable person to hold a liquor licence under the act.

Mr Dillon said it had now been a year since the Liquor Commission reserved its decision into the future of the hotel and inn, and it had yet to contact him regarding an outcome.

The pubs have continue trading in the interim.

"I expected it to take two, three, maybe four days [to come to a decision]; the charge is quite a serious charge," he said.

"It's been two years and I have to go to bed every night, put my head on the pillow and wait and see if someone's managed to make a decision tomorrow.

"To make matters worse, if I was that bad a person and I'm not fit to hold a licence, then you would have thought they would have acted a lot quicker by now."

The police application was lodged after the pubs' owner and managers were convicted of illegally serving alcohol. (ABC: Erin Parke)

Under the Liquor Control Act, penalties for businesses found in contravention of their liquor licence can vary from a reprimand to a loss of licence.

Mr Dillon said he accepted his businesses came to the attention of police in 2020 due to selling above legal purchase limits at the time, but said he had since done a clear-out of management and had a number of induction processes in place to prevent future breaches.

Looming decision clouds future

Mr Dillon said the looming section 95 application had also impacted his ability to attract staff.

"I'd like to think I'm fairly resilient, but it has been extremely hard," he said.

"It's affected family, my friends, and trying to run a hotel remotely … it's very hard to employ people when I can't give them an outcome or tell them what the future is going to look like."

A Department of Local Government, Sport and Cultural Industries spokesperson said it could not comment on behalf of the Liquor Commission. 

It is understood the Liquor Commission continues to reserve its decision, and has provided no timeline on when a decision will be handed down.

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