Rant 1 - Breach Of Development Condition

Rant 2 - Issues Confronting The CBD

Rant 3 - Security In The CBD

Rant 4 - Inequitable Enforcement

Rant 1

It was an interesting day in court yesterday and a long time coming. The matter before the court was one where police charged me personally for breaching a development condition. The alleged offence occurred on 31 July 2011 with the infringement notice being issued by a licensing police officer a month later.

Even though this was about the tenth charge brought against me by Lismore police for minor matters, with a number of those dismissed on appeal following this same Magistrate’s decision in those matters, the Magistrate still seemed to be of the opinion that nothing untoward had occurred. He allowed video and audio material in evidence that was not time stamped. Other material that was time stamped and not provided to the defence was seemingly ignored.

The police officer who brought the prosecution gave evidence that my Facebook accounts and I were being monitored prior to the alleged offence date without good reason. The prosecution objected to questions seeking a reason on the basis that it related to confidential police procedures. The police officer then stated that I was being targeted on the night of the alleged offence.

The police officer assisting the prosecuting officer gave evidence that ‘Lismore’s Most Famous Nark’ had an arrangement with the prosecuting officer to meet him and target my business. The prosecuting officer and ‘Lismore’s Most Famous Nark’ both denied any such arrangement existed. The Magistrate also seemingly ignored this point which was evident by his later comments.

‘Lismore’s Most Famous Nark’, one of Lismore City Council’s security contractor employees, admitted that their role was to observe and protect the businesses and people in the area. He provided no adequate explanation as to why more than 50% of a disc containing Lismore City Council CCTV footage was watching my business in an attempt to secure a prosecution. He seemed to be of the view that his position involved him trying to secure prosecutions against local businesses.

One of Lismore City Council’s senior development assessment town planners was called to give evidence in relation to a lengthy affidavit submitted by Lismore City Council to support the police in this prosecution. He provided no reason as to why various documents outlining the owner of the Big Rob’s business were not included in the lengthy document. He gave considerable evidence in relation to consent being required to operate the business after midnight but, other than in his mind, he did not direct the Court to any legislation that made trading after midnight an offence.

From the documentation submitted during the hearing, it was very clear that Big Rob’s was not owned by me personally but by a company I own. Business people have been using company and trust structures for many years to secure assets, protect themselves from liability and for various other reasons.

Ignoring all the technicalities involved with development applications, variations and consents, the Magistrate ignored the ownership issue and accepted that I was liable for the prosecution and found a prima facie case existed following a no case to answer application made at the completion of the prosecution case.

It was interesting that the Magistrate made comments in relation to me believing there was a conspiracy. I challenged this and responded that I certainly did not think there was a conspiracy. However, I did make comment about being targeted which was made clear during the prosecution case.

Following the Magistrate’s comments, I declined to put forward a defence to the prosecution so he found the offence proven. I also declined to make submissions on sentencing. He halved the fine from $1,500 to $750, ordered court costs of $83 and refused an application for witness costs of $344 for the Lismore City Council employee which was made by the prosecutor. I would consider this penalty fair if I believed the prosecution was valid.

An appeal will be considered on the basis that I do not own Big Rob’s and should not be liable for the prosecution. 

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This is Big Rob on 92.9 River FM.

Rant 2

The global financial crisis has had a heavy impact on economies around the world. It has been a prolonged problem with no clear end in sight. Australia has fared well during the crisis but it has required a lot of work from government and businesses alike.

Strong business models or those with the ability to adequately adapt to changing circumstances will survive. They will have a much better chance with strong support from their local government.

The Lismore CBD is facing many of its own localised issues. Ignoring the global financial crisis, issues confronting the CBD include a dilution of the central business district into multiple areas, poor security, and various other minor issues such as parking and public toilet access issues.

Lismore City Council staff and councilors seem to focus on the positives. This is suitable in situations where the negatives are acknowledged and addressed. However, this does not seem to be the situation in this area. Many negatives are ignored or actively opposed to avoid any negative publicity.

The dilution of the central business district over the years has seen shoppers move from visiting the CBD in large numbers to being split between the CBD and The Square. The Lismore City Council office move to Goonellabah, the establishment of a shopping centre at the Coles complex in Goonellabah and now, with the expansion of that business area with the Woolworths development, we will see even more numbers abandoning the CBD to shop in Goonellabah.

CBD business owners have made various comments in relation to such developments including comment about the growth in population in the Lismore area numbering a few hundred in recent years not warranting the addition of another shopping centre. Such a small increase in population numbers just does not support such a large growth in large retail business options. It is clear to many that the only effect such development can have is the loss of more small businesses to the major chains.

Poor security has the obvious effect of making people feel unsafe. I have never heard anyone complain about being hassled for money or anything else when visiting places like The Square but this is a regular occurrence in the Lismore CBD. Add to that the likelihood of being hit by a skateboard or bike rider on the footpath and it is not an attractive area to visit. Many businesses now believe that the security services provided by Lismore City Council are inadequate and should be replaced by beat police. I will rant more about this shortly.

Mention should be made of parking and public toilet access. The CBD parking spaces are very small and often result in many vehicles being damaged while trying to squeeze into spaces designed for small vehicles. Some of the permitted parking times or zones also need to be reconsidered to allow for better access to CBD businesses by customers. Public toilets also seem to be few and far between with cleanliness being a major problem. This is particularly a problem at night when all public toilets are locked and people urinate in the street.

Some of these issues are being considered by council as I speak and will hopefully be rectified soon enough. However, some are also still being ignored with strong opposition from senior council staffers.

You are listening to Big Rob’s Rant on 92.9 River FM.

Come and join me at facebook.com/BigRobsOz spelt B-I-G-R-O-B-S-O-Z or follow the Big Rob’s Rant links on the Big Rob’s website at bigrobs.com.au if you would like to make a comment.

Rant 3

Security in the Lismore CBD is very poor. This is a common view now shared by many business owners and consumers alike. Many people seemingly avoid the Lismore CBD for a number of safety reasons. It is essential that this changes so that people can feel safe again and so that businesses may benefit and become strong.

Being hassled for money, cigarettes, or anything else is very common around the Lismore CBD. This is a common problem by day or by night with the added issues of heavy intoxication by night. Being abused for no apparent reason is also becoming very common.

Phones, handbags, other personal property and many other items also go missing very regularly. People being stood over, assaulted or robbed is also a regular occurrence particularly amongst the younger groups. Many of these matters go unreported for various reasons.

The poor security services provided by Lismore City Council are unable to address the issues. Security officers do not possess any additional powers over others that each one of us does not already have. A more efficient and seemingly strongly supported solution is the reinstatement of beat police

Police officers have many additional powers they can use to reduce the likelihood of many of the safety concerns occurring. They are highly visible, well supported and work as a very good deterrent. When they do their job well, they are highly respected and have the support of the larger part of the business community.

A move towards beat policing is one strongly supported by a major part of the Lismore business community. Saving the large amount of money being wasted on poor security services and redirecting it into improving CCTV coverage and supporting beat police is considered an option that will see considerable improvements to safety in the Lismore CBD. Respect for each other needs to dominate our community.

This is Big Rob bringing you Big Rob’s Rant on 92.9 River FM.

I am still posting on the Big Rob’s Facebook page at facebook.com/BigRobsOz spelt B-I-G-R-O-B-S-O-Z or you can follow the Big Rob’s Rant links on the Big Rob’s website at bigrobs.com.au if you want to post your views.

Rant 4

When wondering around the Lismore CBD, it becomes pretty obvious to even a layperson that Lismore City Council enforcement is lacking in equity and consistency. If something does not seem right, it is likely that it isn’t.

Equity refers to everyone being treated equally. When someone is provided with an advantage over another, it is inequitable. For example, some businesses may be seen to be doing something that few other businesses do. The rules may never be enforced against such businesses. However, other businesses are pulled up as soon as they do a similar thing. Allowing one business to obtain a competitive advantage over another business that is reluctant to break the law is irresponsible from any council.

Consistency relates to regular enforcement to ensure ongoing compliance. There is no point stopping something for a week and then ignoring it for the next twelve months. Nothing is achieved by a hit and miss approach to enforcement.

Lismore City Council is often heard to say that they are struggling financially and do not have the resources to enforce the rules and regulations. This seems to be their way out of many things. This seems absurd considering that enforcement would result in considerable revenue from infringement notices being issued.

Lismore City Council has also been pushing a position of reducing enforcement and compliance requirements. A reduction in compliance is a very positive move and one that would be supported by the majority of the community. However, reducing enforcement is a position that results in inequity. Those who are happy to take the risk receive a competitive advantage.

To clarify the difference, reducing enforcement means council will do less but still may commence enforcement action if they choose to. Reducing compliance requirements means that it is easier to get things done and issues of enforcement are of no concern since compliance has occurred.

I am still posting on the Big Rob’s Facebook page at facebook.com/BigRobsOz spelt B-I-G-R-O-B-S-O-Z. You can also find me by visiting the Big Rob’s website at bigrobs.com.au and following the Big Rob’s Rant links. Join me to share your views.