A Footscray bar billed as a ‘dog-friendly’ venue on Maribyrnong Council’s website has been ordered by the council to stop allowing dogs onto the premises.
Bar Josephine has been told any breaches of the ban on patrons taking their dog to the venue – a long-standing practice since the bar opened in 2017 – could result in heavy penalties.
The Council earlier this year published an online guide to ‘dog-friendly cafes and bars in Maribyrnong’, listing a series of venues where dogs were made welcome.
“We love our four-legged friends here in Maribyrnong, so it’s no wonder that we’re pretty keen to spend as much time as possible with them when the weekend rolls around,” the post on the website stated.
“Here’s some options for great cafés and bars in our City where you can bond with your furry best mate whilst enjoying brunch or a few bevies”.
Bar Josephine was listed as a friendly bar where the owners “just love it when our guests bring in their four legged friends!”.
But the bar has now been told it is in breach of the state’s food safety laws; even though no food is prepared on the premises, beverages fall within the legislation.
A notice from the council to the bar warns it has breached the 1984 Food Act due to its “failure to ensure that the food business does not permit live animals in areas in which food is handled”.
Food Standards Australia New Zealand regulations permit dogs in outdoor dining areas that are not enclosed, but there is no way to access the Bar Josephine beer garden without passing through the bar.
Owner Aaron Donato told Star Weekly the situation was “nuts”.
“In that article, the photo of our bar on the council’s own website is of dogs inside the bar,” he said.
“When they told me this morning they had photographic evidence of dogs inside Bar Josephine, I had no idea they meant in their own promotional materials.”
Mr Donato said the council first raised the matter during a routine inspection and then again when he was called into the council’s offices for a meeting on Monday.
He was told that the crackdown followed a complaint from the public.
“I was issued with an infringement notice and threatened with hefty fines and prosecution if I continued to allow dogs into the bar,” he said.
“I’d like to point out that nobody has ever complained to me personally about dogs being in the bar.”
Mr Donato said his encouragement of people bringing dogs along to Bar Josephine has proven part of the lifeblood of the community.
“A lot of our dog owning regulars don’t go out without their pooch,” he said.
“A number of them live alone and their dog is their only companion. At least one regular stated to me recently that if we didn’t allow dogs, he would leave his house a lot less.
“We have built such a wonderful welcoming community at our bar, in no small part by allowing dogs and this law clumsily applied is like a bucket of cold water.”
Mr Donato plans to abide by the ban, but is pursuing changes to regulations that he said apply to every establishment that serves food or drink in Victoria.
“I think it should be at the discretion of the individual bar or pub,” he said.
“We’re in the real world here – there’s an economic cost to the inconsistent application of this outdated nanny state law.”
Mr Donato has launched a petition asking for changes to the law to allow dogs inside bars.
Assistance dogs are exempt from the ban.
Maribyrnong Council director of planning services Nigel Higgins said the issue of dogs in bars falls under state legislation and is enforced by local government.
“Following complaints regarding Bar Josephine including a dog on the bar, the owners have been provided with a warning – no enforcement action has been taken at this time,” he said.
“In Australia, dogs or any other animal are not permitted within a food premises. However there are two exceptions, one in relation to assistance dogs and the second is that there are certain outdoor areas where dogs are permitted.”
Mr Higgins said the council supports responsible pet ownership and cafes that comply with the legislation.
Footscray MP Katie Hall, who takes her dog Maggie to Bar Josephine, has vowed to look into the matter.
“I’ve often taken my dog Maggie into Bar Josephine, and I know it’s a very welcoming space for four-legged friends,” she said.
“The Food Standards Code is set by the Federal Government, although it’s enforced under state and local laws.
“I’m looking into this issue to see whether there are any potential exemptions available and will keep Bar Josephine’s owners informed.”
