“As soon as I sign the new orders they will be enforceable with $5000 fines. In the meantime, the clear message is the NSW government seeks cooperation from all hospitality providers to help us keep NSW residents safe by complying with the common sense COVID-19 pandemic safety measures,” Mr Hazzard said.

He added he was weighing up whether to treat party buses like nightclubs and shut their operations, or apply the four-square-metre rule that applies to hospitality venues.

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NSW Police Assistant Commissioner Leanne McCusker said in the August 21 memo that gatherings related to transportation, including in vehicles, were exempt from current restrictions.

“On that basis they would appear to fall within the definition of ‘related to transportation’ even though the occupants are drinking and partying on the bus between venues and thus the 4 square metre rule [sic] does not apply.”

Ms McCusker, a COVID-19 Operation Commander, said a party bus didn’t fall under the definition of a premises and therefore wasn’t required to have a COVID-19 safety plan, nor was it a food-and-drink premises as a BYO arrangement was usually in place. Individual groups of no more than 10 people are currently allowed in hospitality venues.

Police alleged several young people on the bus appeared to be intoxicated, and a 17-year-old girl was allegedly found with cocaine after a drug dog was brought to the scene.

Before Mr Hazzard instigated the changes, Mr Broughton told the Herald he was aware that he did not fall under the same restrictions as a venue, and police had phoned him on Monday to say they had withdrawn the fine.

He said there had been a lack of communication between the NSW government and police.

“We were told we could operate as usual,” Mr Broughton said, adding he took precautions, such as having hand sanitiser, a risk register and a QR code.

Last week the Herald revealed a senior detective investigating Arts Minister Don Harwin was told to fine him for a COVID-19 breach despite the officer’s concerns that Mr Harwin had a good excuse for being at his Central Coast home.

In July, NSW Police Commissioner Mick Fuller issued new directives for his officers to “start to issue tickets over using discretion”.