Apology for woman's wine refusal

"They are obviously taking their job very seriously, but there isn't anything in the [Sale of Liquor] Act that specifically singles out pregnant women." Photo / Thinkstock

Super-sensitivity among bar staff to heightened responsibilities under liquor law changes is being blamed for an Auckland restaurant's refusal to serve a heavily-pregnant woman a glass of sparkling wine.

"They are obviously taking their job very seriously, but there isn't anything in the [Sale of Liquor] Act that specifically singles out pregnant women," Restaurant Association chief Marisa Bidois said of the refusal of bar service to 37-year-old teacher Nichola Hayes, whose second child is due in just over three weeks.

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"It certainly sounds like it may be slightly extreme, but you've got to understand the position of the industry - we are dealing with a new act, so there's a lot of retraining."

Nuffield Street Trading Company co-owner Sam Ansley says he wants to apologise to Mrs Hayes for a spoiled wedding anniversary date with her husband at Mac's Brewbar in Newmarket on Tuesday night, when she had to settle for a complimentary ginger beer with a pizza meal.

Although he could understand why his duty manager took such a conservative approach, given health warnings about the effects of intoxication on pregnancies and growing pressures from society and authorities to exercise host responsibility, he vowed to remind staff of their obligations not to impinge on people's human rights.

"I think there is a fundamental human right at play, that you do not discriminate on the basis of gender," said Mr Ansley, who disclosed that his own partner was in a similarly advanced state of pregnancy to that of Mrs Hayes.

"I have to say that when I heard of this I reacted with a certain amount of horror," Mr Ansley said.

He said staff had a special responsibility to keep a close eye on pregnant patrons to ensure they did not become intoxicated, but had no right to refuse service to any non-minor not already in that state.

Mrs Hayes said earlier that she had avoided alcohol through 36 weeks of pregnancy, and was particularly aware of the potential dangers of drinking at an early stage of foetal development, but regarded her wedding anniversary as a special occasion warranting just a single celebratory drink.

"If I was in their shoes and a [pregnant] woman was ordering up large, I'd be questioning it as well," she told the Herald.

"But I'm an educated woman who knows the limits and have been so careful throughout the whole pregnancy.

"I thought, right, this is our one night out - I'd have one glass of bubbles."

Hamilton-based obstetrician and gynaecologist Dr Phil McChesney of Fertility Associates said that although there was no known safe threshold for alcohol in pregnancy, and abstinence was the safest course, he'd be very surprised if one glass of alcohol had any effect on an unborn child.

"I wouldn't expect a bar person to tell someone if they can have a drink or not."

Royal Australian and New Zealand College of Obstetricians and Gynaecologists spokeswoman Dr Emma Parry also said the safest bet for pregnant women was to not drink any alcohol, or at least to do so only in moderation, but she noted that a far greater risk for expectant mothers was obesity.

"A much bigger problem is the rising rate of obesity amongst our pregnant women and adult population in general - should obese adults be refused a large portion meal by a restaurant?"

What Herald readers say

An online poll was almost evenly split among more than 5000 participants by 6.30pm last night.

49 per cent The restaurant was wise to deny a pregnant woman a drink
46 per cent It's up to the woman herself if she wants a drink
5 per cent Too tough to answer

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