Pub sting ‘too close to entrapment’

"The authority ... does not consider that to be best practice."

Police involvement in a sting on a rural pub has been found to be too close to entrapment to strip its owner of his licence.

Mike Shale admitted selling booze to 17-year-olds at the Eketahuna Inn in 2015.

However, heavy-handed police engagement in the sting meant taking Shale’s licence off him could not be justified, according to the Alcohol Regulatory and Licensing Authority.

The decision is the latest in a long and winding road for Eketahuna’s only pub, which was threatened with closure before being taken over by someone who ended up owing thousands in unpaid wages to staff.

Shale did not want to comment on the decision, but said the pub was the social centre of the area.

There used to be four pubs in Eketahuna, but the Inn was the only one that remained, he said.

Shale poured $400,000 into a refit of the pub in 2015, only for its manager to fail to pay rent and suppliers.

The licensing authority’s decision said police conducted a controlled purchase operation with two 17-year-olds in December 2015.

Senior Constable Karl Williams went with the two minors, who approached the empty bar.

Williams walked out back and called for Shale, telling him there were two people at the bar waiting for service.

Shale served the pair two gin and tonic RTDS without asking for identification or how old they were. He admitted selling to the minors, saying he was disappointed but ‘‘flustered’’ at being called from out the back.

In its decision, the authority said it was concerned Williams left the bar area and went through two sets of doors to find Shale.

‘‘The authority has concerns about the appropriateness of [police] actions in seeking out [Shale] as he did, and does not consider that to be best practice in a controlled purchase operation.

‘‘On the other hand, the premises were quiet and licensees and managers need to be able to retain their presence of mind when faced with distractions of this sort.’’

Hospitality New Zealand regional manager Chris Hince said his organisation had represented Shale and was pleased with the decision.

Hospitality NZ got involved because of the time it took to get the issue resolved.

‘‘[Shale] never denied his involvement, he was prepared to take it on the chin. But it sat and languished. It was a real cause of stress for him.’’

Hince said they were also upset with the police’s level of involvement. Stings were just ‘‘part of the landscape we operate in’’, he said.

‘‘Yes, it does feel unfair, but if you get a speeding ticket, you’d think that was unfair too.’’

Hince said the hospitality industry had a good relationship with police and did not want to see that damaged.

Shale had never been before the authority before.

The authority found it was not ‘‘desirable’’ to suspend either the bar’s licence or Shale’s duty manager’s certificate.

The Manawatu Standard asked police to discuss the issues the authority raised.

In response, they sent a statement attributed to alcohol harm prevention national manager Senior Sergeant Shelly Pickworth, explaining how controlled purchase operations are used to test compliance, and that there was substantial evidence showing they reduced minors’ access to alcohol.

No mention was made of Williams’ actions on the day.