A coronial inquiry into the Daylesford pub crash that killed five members of two Indian Australian families has heard that the Royal Daylesford Hotel did not hold a valid outdoor dining permit at the time of the tragedy.
The revelation has deepened questions for grieving families and the wider Indian Australian community, which has followed the case closely since the November 2023 crash devastated two families enjoying a long weekend meal in regional Victoria.
Pratibha Sharma, 44, her nine-year-old daughter Anvi, her partner Jatin Kumar, 30, family friend Vivek Bhatia, 38, and his 11-year-old son Vihaan were killed when a BMW SUV driven by William Swale left the road and crashed into diners outside The Royal Daylesford Hotel.
Six others were injured in the crash.
The Coroner’s Court of Victoria heard on Thursday that the hotel did not have an active outdoor dining permit when the crash occurred.
Hepburn Shire Council director of development and community, Ron Torres, told the court the venue had first applied for outdoor dining approval in 2020 and that the permit was granted.
The permit expired at the end of June 2022, but businesses were given extensions until July 2023. The court heard the hotel later applied for a licence renewal after being contacted by the council in September 2023, but the permit had not been approved by the time of the fatal crash in November.
Asked what it meant for the venue not to have a valid outdoor dining licence, Mr Torres told the court there was “no formal permission” for the outdoor tables, chairs and equipment to be in that location.
For the families of those killed, the evidence raises another painful question in a case already marked by grief, anger and a long search for accountability.
The crash shocked Australia’s Indian community, not only because of the number of lives lost, but because the victims represented the everyday migrant story: families, children and friends spending time together in a popular Victorian town.
Pratibha Sharma and Vivek Bhatia were part of a community that had built lives in Australia while staying deeply connected to family and cultural networks. Their children, Anvi and Vihaan, were remembered as young lives full of promise. Jatin Kumar was among those killed in what was meant to be an ordinary family outing.
The inquiry was also told that Mr Torres was not aware of records showing site inspections or risk assessments of The Royal Daylesford Hotel’s outdoor dining area before the crash.
Representing loved ones of the deceased, Rishi Nathwani KC questioned whether the council’s outdoor dining risk assessment process was adequate.
When asked whether the council accepted that its current outdoor dining policy needed greater risk assessment built into it, Mr Torres replied:
“Yes.”
The court heard Hepburn Shire Council had only two local laws officers who may have been responsible for site inspections at the time.
Mr Torres told the court,
“The local laws council was two inspectors servicing a large municipality. That is a limitation in itself.”
Coroner Dimitria Dubrow also questioned the council’s capacity to enforce and review permits, asking whether it was possible for a business to apply for a permit but remain without formal approval because the process took time.
Mr Torres said that was “a possible, if not likely, scenario”.
Since the crash, Hepburn Shire Council has reviewed its outdoor dining permit processes and undertaken a road safety audit. The speed limit through the town has been reduced from 50km/h to 40km/h, and the council has announced plans to close the intersection near the hotel and turn the area into a green zone.
The inquiry has previously heard Mr Swale, now 69, had a severe hypoglycaemic episode before the crash. He had earlier faced criminal charges, but they were dismissed after a magistrate found the case against him was too weak to proceed.
For many in the Indian Australian community, the legal outcome left a sense of unfinished justice. The coronial inquiry is now examining the broader circumstances surrounding the crash, including medical, road safety, venue and council processes.
The latest evidence about the outdoor dining permit is likely to sharpen community concern about whether the families were sitting in a space that had been properly assessed, approved and monitored.
The tragedy has become more than a road accident for many Indian Australians. It has become a test of whether systems meant to protect families in public places were strong enough, and whether local authorities had adequate processes to identify risks before disaster struck.
At the centre of the inquiry remain five lives lost: Pratibha, Anvi, Jatin, Vivek and Vihaan.
Their families have waited more than two years for answers.
The coronial inquiry continues.
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