No pub ban for man after blue
JOHN Pack went before a Bundaberg magistrate very worried that he may be banned for life from his favourite watering hole.
Pack, 29, was charged with public nuisance in licensed premises; and obstructing police, after getting involved in a heated melee on the Bargara Beach Hotel deck just before midnight on a Friday night.
He pushed over chairs and upended tables but had not been in trouble before.
Pack pleaded guilty in the court to committing the offences on August 11.
Prosecutor Senior Constable Grant Klaassen said police received 000 calls at 11.30pm about a disturbance and, although some people had dispersed by the time officers arrived, Pack was being restrained on the deck by another man.
Pack was yelling and screaming, and when told to calm down yelled more abuse.
Getting up, he began to walk toward another man who was being restrained, became more angry, yelled and struggled with police then dropped to the ground.
Pack refused to get up and had to be dragged to the police car.
Snr Cnst Klaassen said Pack put his foot up on the police car and refused to get in.
The court heard that a relative of Pack first became involved in the incident but Pack afterwards "would not calm down, wanted to fight everyone".
A hotel banning order was wanted against Pack that his lawyer Craig Ryan opposed, saying "it's a fairly serious order to make against a person with no prior court convictions".
"He was not the person who instigated the violence at the hotel. He went to the aid of a relative then refused to calm down, tipping over chairs," Mr Ryan said.
Although Pack had no great recollection of events he had been loud and disruptive but not violent.
Pack had received a letter that a ban was sought under the local liquor accord.
However, Mr Ryan said the father of three did not pose an unacceptable risk to good order as he was a hard-working man who also did seasonal cane cutting.
Magistrate Belinda Merrin noted his lack of offending and fined Pack $950. A conviction was not recorded.
She said although there had been some violence in upending tables, she was satisfied Pack did not pose a risk to good order or the safety of others, and refused the banning order application.