Liquor licence suspended after fatal car crash

A North Canterbury bar has had its liquor licence suspended after a man drinking there died after he later crashed his car.

The man, who cannot be identified died in August 2022 after drinking at the Platform Bar Restaurant and Cafe near Ohoka.

Police say he drank three pints of beer, three shots of Midori and Baileys and two double shots of rum in about an hour and a half, becoming intoxicated.

But he was allowed to stay, police said - and continued to be served - in breach of multiple sections of the Sale and Supply of Alcohol Act.

The Alcohol Regulatory and Licensing Authority (ARLA) suspended the on-licence of the company that owns the bar, MacKenzie Holdings Ltd, from March 1 until midnight on March 7.

Owners Garreth and Lynette MacKenzie also had their manager’s certificates suspended for two weeks, and duty manager Hamish Jones had his manager’s certificate suspended for a month.

The bar’s Facebook page acknowledges the closure but not the authority’s decision, saying it is closed “due to renovations” until March 9.

The licensing authority heard from two witnesses, Kelly Cross, who was in the bar on the night and raised concerns about the man’s drunkenness, and the police officer who conducted the investigation, Senior Constable Genevieve Craddock.

Craddock told the authority that during initial inquiries she “skimmed” the pub’s CCTV footage from the night of the crash, and formed the conclusion there was “nothing untoward about the behaviour of the respondents.”

But four months after the fatal crash, Cross approached the police with her concerns.

Craddock watched the entire CCTV footage, and police decided to take further action.

Officers claimed the footage showed how intoxicated the man was and backed up some of Cross’s claims. He was seen making obscene gestures, “manhandling” another patron and staggering from the bar using leaners for support.

The authority agreed the man was “clearly exhibiting signs of intoxication” when Jones served him the Midori and Baileys shots.

A toxicological report put the man’s blood alcohol levels at 158 milligrams (mg) per 100 millilitres (ml). The limit for drivers aged 20 years and over is 50mg per 100 ml.

But the owners and duty manager of the bar, who called themselves and another employee as witnesses, argued the allegations had no grounds and should be dismissed.

Jones, the duty manager on the night, had numerous interactions with the man, and said he had no concerns about his sobriety until the “very latter stages” of his time there.

Jones “rejected totally” that the man was obviously intoxicated, or that Cross raised concerns with him.

Once he noticed the man was slurring his words he told him the drinks he ordered would be the last, and started serving him single shots, although the man ordered doubles.

He described the practice as “his own method of managing alcohol consumption,” but the authority said it pointed to Jones’ awareness that the man was intoxicated, which meant he should not have been served further alcohol at all.

It also raised “ethical considerations” with patrons being charged for 60mls and served 30mls.

Although they weren’t on duty on the night, the MacKenzies had been called back to the premises when an unrelated altercation broke out, and said they saw nothing untoward about the man’s behaviour.

The other employee called as a witness, Olivia Schupbach, said that while she was primarily working in the restaurant, she saw no signs of the man’s intoxication, and had offered him and others he was drinking with a menu.

She also gave evidence of an “incident” with Cross the following month, and said she considered Cross was intoxicated and aggressive at the time.

The respondents went on to criticise the police case and Cross, whose evidence they said was neither reliable or credible.

Cross had previously held a manager’s certificate, the decision noted, which required her to have more familiarity with the issues and knowledge of alcohol legislation than the general public.

She claimed the man showed signs of intoxication from the moment he arrived, and had bloodshot eyes, slurred speech and was unsteady on his feet.

The evidence from Jones and the MacKenzies was “diametrically opposed”, but the authority said it was “not persuaded” by arguments Cross was “motivated by some ulterior motive,” nor did it accept the bar owners’ and manager’s evidence there was nothing “untoward” about the man’s sobriety.