A Wagga businessman has avoided conviction for breaching a COVID-19 public health order.
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Richard William Moffatt, the co-owner of Meccanico Espresso and Wine, was charged with failing to comply with a COVID-19 direction and a separate compliance offence after police visited the Fitzmaurice Street business last year to investigate a possible licensing breach.
Magistrate Miranda Moody on Tuesday found Mr Moffatt guilty of both offences without proceeding to conviction.
He was placed on a six-month conditional release order and must not commit any offence during that time.
According to court documents, officers went to Meccanico on November 14 and asked for the business's COVID-19 safety plan.
Mr Moffatt produced a plan that was effective from July 1 and told officers he was about to complete a current plan but was yet to do so.
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Police said the plan at the time should have been effective from October 22 and did not adequately address the current requirements. An amendment to the health order was made in October.
Mr Moffatt was aware of the legislation, police said, because he had attended a liquor accord meeting alongside licensing officers a few months earlier.
The 36-year-old was also charged with a development not accord consent offence, which related to the business's CCTV system.
Mr Moffatt was served a notice to produce CCTV incident registers and staff rosters when the officers visited Meccanico on November 14.
On November 17, he went to Wagga police station and said the CCTV had stopped recording since October 8.
Police said Mr Moffatt had previously been issued a warning about the CCTV, had failed to comply with the development consent as the occupier and had not supplied a certificate stating his CCTV had been installed by an authorised installer.
Mr Moffatt initially faced Wagga Local Court on April 7, when Magistrate Christopher Halburd excused himself from the matter because he had visited Meccanico "regularly" and the case was moved to Albury Local Court.
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Andrew Pearson
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
