By Dongyun Kwon
A Yarra Ranges landlord was frustrated when he heard news about Victoria Police’s most recent tactic to identify illegal tobacconists after his alleged experience of reporting a similar crime went unanswered.
The state’s police force recently announced it is working closely with councils across Victoria to distribute a letter to landlords as part of the investigative response to arson attacks at tobacco stores, advising of the adverse impacts on insurance coverage for illegal tobacco trading.
The purpose of the letter is to highlight to landlords the current risks posed to businesses engaged in illicit activity, whether active in the selling or not as a landlord, including the risk to current building and liability insurance arrangements as well as the potential for nearby businesses and properties to be adversely impacted by fires and other criminal activity.
Victoria Police crime command acting commander Jason Kelly said police alone cannot solve these issues around organised crime and illicit tobacco.
“More than ever, assistance and information from store owners, staff, other shop owners and members of the community is crucial,” he said.
“The intelligence they can provide may be crucial in preventing an arson attack or holding those involved in serious criminality to account. We encourage anyone with information to speak to police, or information can also be provided to police anonymously via Crime Stoppers.
“Not only does this criminal behaviour put neighbouring businesses and innocent members of the community at risk, it may impact any potential insurance payout to the building owner. Those owners need to be aware of this and be aware of who is leasing the buildings they own.”
The Yarra Ranges landlord, who Star Mail has kept anonymous for safety reasons, rented his property to a tenant who was going to open a business for tobacco selling in 2018.
A few months later, he realised his tenant was selling illicit tobacco.
He claimed he reported it to local police, Victoria Police, the Australian Federal Police and even the Australian Taxation Office (ATO), but no action was taken by any of them.
“It was frustrating because you don’t want to own a building and rent to someone doing illegal activity,” the landlord said.
“It’s like you’re running an illegal brothel but you can’t evict them until police have made a charge or there’s actual hard evidence. The Small Business Commission, who are responsible for all the commercial leases, says you can’t evict unless there’s a charge or police involvement and if the police aren’t involved then you have to let them run their business. They can’t do anything about it.”
According to his claim, the tenant already moved out of this landlord’s property but is still selling illegal products across the Yarra Ranges as well as Melbourne.
The landlord said the tenant left rent unpaid with three months’ worth still owing.
“Our biggest frustration was during Covid lockdowns. He still traded but didn’t pay rent,” he said.
“That’s when we started doing the ATO crime stopper report, just to have that log with the police. Unfortunately, no one ever called us back. No one ever did anything.
“I had a chat with the cops, they are aware of it and what we got told was the Federal Police are aware. They said they know who he is but it’s too difficult.”
The tobacco store was broken into twice previously.
“[As far as I know, the only action that police took was] the crime scene police came out once after a break-in,” the landlord said.
Herald Sun reported that tobacco store owners have been threatened by criminal syndicates to sell illegal products.
“There was a legitimate concern that the tenant had some gang affiliation, and if that was the case, what kind of blowback there might be by evicting them, going to the police or by not renewing their lease,” the landlord said.
“I’m happy to [make a report to police] again but will that make any difference?”
Two letters are being distributed by Victoria Police, one for properties where warrants have been executed and illicit products have been seized, while the second is more general.
Landlords of properties currently rented to businesses selling tobacco should expect to receive a letter in the next fortnight.
