Further to my communication this morning, the Club has received its specific legal advice in respect to continuing with golf course play and operating the Pro Shop. I have reproduced that advice for your information.
It is as follows.
The details of the closures are contained in the ‘Non-Essential Business Closure Directions’ (the Directions).
The Directions define ‘non-essential business or undertaking’ as including “a business characterised as a pub, bar or club that supplies alcohol under a general licence, an on-premises licence or a club licence, but not including any part of the business constituted by a bottle shop”, and ‘an indoor sporting centre’.
It is our advice that the intention of the Directions is that they apply to the business of the supply of liquor at particular kinds of premises – not to another type of business or activity conducted by the same entity. The wording “pub, bar or club” is referring to the premises where the liquor is being supplied not to the entity which holds the liquor licence. In other words “club” means the club’s licensed premises not to the club as an entity.
It would also produce an absurdity to conclude that ‘unlicensed’ outdoor sporting clubs are able to operate where licensed outdoor sporting clubs may not.
Separately listed are ‘indoor sporting centres’. This is, in our view, intended to apply separately to licensed clubs that have an ancillary sporting component.
It is our advice that a licensed club can therefore continue the operation of outdoor sporting facilities, including golf, and any retail adjuncts (including the pro shop). The club must, however, cease operation of the licensed clubhouse for social use.
That being said, it is our advice that the operation of a recreational facility (even an outdoor one), may be contrary to the intention of the Directions and the governments initiatives to try and actively discourage non-essential recreational activities. It is further advised that, even if not explicitly prohibited currently, given the rapidly changing landscape it would be unwise to assume that it will not be addressed in due course.
We note that retail shops are permitted to continue operating, including sporting goods and ‘pro shops’. We consider that this would permit such retail premises to operate even where conjoined to a licensed club.
We suggest the following measures might be considered in the current circumstances:
- 1 person per golf cart. Members discount will apply on golf carts.
- Greater separation between groups.
- Requiring golfers to sign a waiver that they have not been overseas in the last 14 days, are feeling unwell or have had any exposure to anyone with the virus.
Whilst it is “play on”, the above advice is realistically suggesting that in this frequently changing landscape this may not be for long. With that in mind I stress to all Golf Members to take the social distancing guidelines seriously and particularly one person per golf cart.
Be conscious of the “passing by traffic” as they may conclude that the Golf Club is ignoring the Government directions and may take it upon themselves to report the same to the Police.
Heath will shortly issue more specific rules and guidelines for tournament play. Please look out for these and strictly observe and most importantly stay safe.
Yours sincerely,
Michael Hodge
Chief Executive Officer
Warragul Country Club
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