Police investigating after Warrnambool City Council mayor pictured socialising in street amid COVID-19 restrictions

Warrnambool Sergeant Craig Merry said police were investigating after Cr Herbert was snapped drinking a beer with three other people on Liebig Street on Tuesday night.

The picture was taken on Tuesday April 7, just hours after Cr Herbert issued a warning to the community to "step up" self-isolation measures in a video posted on the council Facebook page.

Cr Herbert said in a written response to The Standard the encounter was "chance and unplanned".

"On Tuesday night I left home to buy some items at the supermarket," he said.

"On the way, I drove along Liebig Street to see how businesses still open in the southern block, the dining precinct, were faring.

"There, I had a chance, unplanned and emotional encounter with one business owner. While I discussed the state of his business a second business owner approached and joined the conversation. After discussion we finished with a sense of optimism for the future.

"As we spoke we stood metres apart from each other with the exception of a brief moment when one of the business owners - who practices strict hygiene controls as part of his business - passed me a beer. After a short time I left to the supermarket.

"The job of being mayor doesn't ever stop. It is part of my role to see for myself how our city is travelling at this difficult time.

"The decision to drive along Liebig Street I viewed as mayoral duty. The conversations I had with the business owners were part of my job and in my view permissible under stage 3 restrictions as of April 7.

"It is important for any mayor, where reasonable and safe to do so, to find out first-hand about the state of their city.

"This does not excuse the poor choice I made that night in parking.

"With the threat of COVID-19 ever-present, we need to be vigilant as we go about our work and, as with many people now, most of my work is now done over the phone and online."

The photo was taken on Tuesday night around 9pm, said Warrnambool journalist Carol Altmann in a post online.

The image also depicts the mayor's car parked facing the incorrect direction outside the pub.

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A seventh person tested positive to COVID-19 at the Western District Health Service drive-through clinic today.

There are currently two positive cases in the Southern Grampians Shire, one in Corangamite Shire, one in Moyne Shire and five in Warrnambool City.

There are now 1265 confirmed cases in Victoria, including 118 where community transmission is indicated to have occurred.

More than 40 people are in hospital including 15 in ICU.

The total number of cases is made up of 661 men and 604 women, with people aged from babies to their early nineties.

There are only four reasons for Victorians to leave their home: food and supplies, medical care and care giving, exercise, and work or education.

Police have strong powers to enforce these directions and can issue on the spot fines, including up to $1,652 for individuals and up to $9,913 for businesses.

Under the State of Emergency people who do not comply could also be taken to court and receive a fine of up to $20,000. Companies face fines of up to $100,000.

With the Easter holidays in full swing, Victoria's Chief Health Officer Professor Brett Sutton repeated his strong message that Victorians must continue to be vigilant in practicing physical distancing and staying at home for all but essential outings.

"The rules are clear and they don't change over Easter - stay at home," Professor Sutton said.

"This is tough for many families, but no Easter holiday is worth a life. Stay at home, protect the health system, and save lives.

"This is not a normal Easter. Travelling, visiting friends, heading to the beach or staying in regional Victoria could see all our hard-won gains evaporate.

"Physical distancing will save lives. I urge people not to look for loopholes and do the right thing."

The Victorian Department of Health and Human Services has a hotline for public information on COVID-19 which is 1800 675 398. Large numbers of calls will result in some delays and we ask Victorians for their patience as we work to manage the volume.

Further information is also available at dhhs.vic.gov.au/coronavirus

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