The crowd leaves, disappointed - New Zealand Black Caps vs Australia 2nd ANZ ODI cricket at McLean Park, Napier. Photo / Duncan Brown.
The Napier City Council wants a discharge without conviction for illegal supply of liquor to a minor in what was at least the fifth liquor-licence breach at its biggest sports venue in the past 10 years.
The charge is a first for the council, which held the licence when the breach was committed on February 2 as fans waited at McLean Park for a day-night limited overs cricket match between New Zealand and Australia which was abandoned without a ball being bowled.
Past breaches had been committed under licences held by the Hawke's Bay Rugby Union and the Central Districts Cricket Association or their representatives.
In Napier District Court yesterday, police prosecutor Sergeant Malcolm Lochrie said the council application for conviction and discharge was not opposed by police.
However, Judge Tony Adeane declined to deal with the application during the day's weekly criminal list and adjourned the matter for hearing of the application on May 8.
Judge Adeane told council lawyer Justin Cameron and council events manager Kevin Murphy he was not prepared to hear such a matter involving a substantial local authority in the confines of the list during which the case was called.
If convicted, the council is liable for a fine up to $10,000 for the offence.
According to a summary, police, the Hawke's Bay District Health Board, and the District Licensing Agency - which is run as part of the council's inspectorate to issue and oversee liquor licences according to local policy and nationwide legislation - had two 17-year-old youths as "volunteers" in the ground, where there were three liquor booths.
About 2.30pm, which was about half an hour after the match was to have started, one of the youths entered one of the booths and bought two beers for $12, without being asked his age or for identification.
Police said a booth manager and a security officer were present.
The manager, who said she had not witnessed the sale, was found to be not the holder of a manager's certificate.
It was another five hours before authorities decided there would be no cricket at all, because of drainage problems which had made part of the park unplayable.
A match between New Zealand and South Africa scheduled for March 1 was transferred to Hamilton because of ongoing issues which are forcing the council into an earlier-than-planned upgrading of the oval.
*Special licences are required for liquor to be sold at events, such as major sports at McLean Park, Napier. They are issued by the District Licensing Agency, part of the inspectorate of the Napier City Council, now one of at least three licence-holders nailed for breaching licences at the park.
Details of previous breaches:
September 22, 2007 - A big crowd at McLean Park for the newly-promoted Hawke's Bay Magpies' first Air New Zealand Cup rugby quarter-final includes a 17-year-old who buys beer at three booths in the ground as part of a joint-agencies controlled-purchase operation.
Later police complain also of other incidents of drinking by minors and shortcomings in liquor licence management on the day, and the Liquor Licensing Authority suspends a Hawke's Bay Rugby Union staff member's manager's licence for three months.
August 1, 2009 - It was a day of celebration - the opening of McLean Park's new Graeme Lowe Stand and a Magpies' 47-13 thumping of Auckland.
But some sponsors and guests took it too far, continuing more than three hours after the game finished - more than two hours longer than permitted by the licence.
Police reminded people in one box they were in breach of the regulations and the situation would be closely monitored next time.
June 23, 2010 - Another celebration as the Maori All Blacks beat England 35-38, in front of 15,000 spectators, the biggest crowd at the park in more than a decade.
Police said later the rugby union had been warned there was likely to be an a purchase operation, but a 15-year-old girl used as a "volunteer" in the operation was still able to buy two RTD mixes from one of the booths, without being asked her age or to produce any identification.
March 8, 2015 - Two minors (people aged under 18) used in a multi-agency controlled purchase operation at a World Cup cricket match between New Zealand and Afghanistan were turned-away from three liquor booths, but at a fourth were not challenged about their ages and bought four beers for $30.
The Central Districts Cricket Association later pleaded guilty in the Napier District Court to a charge of allowing the sale but was discharged without conviction at a hearing before two Justices of the Peace.