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A North Canterbury bar has had its liquor licence suspended after an investigation into drinks served to a man who later died in a car crash - despite its social media stating it is closed for renovations.
The man, who cannot be identified, died in a single-vehicle crashon August 13, 2022, after drinking at the Platform Bar Restaurant and Cafe near Ohoka, north of Christchurch.
Police told the Alcohol Regulatory and Licensing Authority the man continued to be served, after drinking three pints of beer, three shots of Midori and Baileys and two double shots of rum within 90 minutes.
Despite a patron at the pub saying the man was showing signs of intoxication, police told the alcohol licensing authority the man was allowed to stay and was continued to be served - in breach of multiple sections of the Sale and Supply Alcohol Act.
In a decision published on the Waimakariri District Council website, the Alcohol Regulatory and Licensing Authority suspended the on-licence to the premises trading as the Platform Bar Restaurant and Cafe for seven days from March 1 until midnight March 7.
The Alcohol Regulatory and Licensing Authority suspended the on-licence to the premises trading as the Platform Bar Restaurant and Cafe for seven days. Photo / George Heard
Owners Gareth and Lynette Mackenzie had their manager’s certificates suspended for two weeks, and duty manager Hamish Jones had his manager’s certificate suspended for a month.
Despite the suspension, a post on the bar’s Facebook page initially didn’t refer to the decision, stating it was closed due to “renovations”.
The post, which has since been deleted, read: “Just a friendly reminder that we are closed from this Friday the 1st to the 8th of March due to renovations.”
Despite the suspension, the bar’s social media does not refer to the decision, stating it’s closed due to renovations.
However, that post was replaced with a message from owners, Gareth and Lynette Mackenzie.
“We acknowledge there was an incident in 2022 that involved our bar. We also acknowledge that we have had our license suspended for a short time due to this incident. This situation was a very complex one, and we ask that people don’t jump to conclusions. We decided that we were going to use this closure to undertake some renovations in our conservatory and kitchen areas.”
“We run our business with the utmost professionalism and experience, and we sincerely apologise for any inconvenience caused to our community and we look forward to welcoming you all again from the 8th of March. Thank you for those who have shown their support.”
A second post was uploaded to The Platform Bar Restaurant and Cafe's Facebook page. Photo / File
Two witnesses gave evidence to the Alcohol Regulatory and Licensing Authority, Kelly Cross, a patron of the pub, who was concerned about the man’s intoxication and the police officer who carried out the investigation Senior Constable Genevieve Craddock.
Cross, who had a background in the hospitality industry, told the licensing authority that when the man joined her, he showed signs of intoxication and in her view should not have been served alcohol.
She described him as being unsteady on his feet, having slurred speech and being unduly preoccupied and amorous towards her.
Cross said she raised concern to staff about the man’s intoxication and how he was continuing to be served, claiming that none of the staff did anything about his condition.
Craddock told the licensing authority that police inquiries indicated that the man had been drinking at the pub before the accident and police requested CCTV footage of the evening.
Craddock said initially she skimmed through the CCTV footage while making inquiries and formed the conclusion there was “nothing untoward about the behaviour of the respondents”.
However, four months later Cross approached police with her concerns, which prompted Craddock to view the entire almost two-hour-long CCTV footage.
Police said the CCTV footage shows examples of the man’s intoxication, showing him making “obscene gestures” and “physically manhandling” another patron.
A toxicological report showed the man’s blood levels were at 158 milligrams (mg). The legal limit for drivers over 20 is 50mg per 100ml.
However, the owners and duty manager of the bar, who called themselves and one other employee as witnesses, said there was no basis for the authority to be satisfied and the application for the licence to be suspended should be dismissed accordingly.
In evidence, duty manager Jones said he had numerous interactions with the man, serving him some of the drinks he purchased.
Jones said he had no concerns about the sobriety of the man until the latter stages of his time in the pub.
He also rejected the evidence from Cross suggesting the man was intoxicated from the time he arrived and rejected that he had been approached by Cross during the evening about concerns over the man’s intoxication.
He said once he noticed the man was slurring his words he told him the drinks would be his last and started serving him single shots, although he had ordered doubles.
The Mackenzies were not working during the evening but were called to the premises when an unrelated altercation broke out.
They confirmed they were at the pub during the latter part of the night when the man was present.
They said from their limited observations there was “nothing untoward about the man’s behaviour and he was not intoxicated”.
Employee and witness Olivia Schupbach said although she was working primarily in the restaurant area, she offered the man a menu and saw no signs of intoxication and nothing untoward about his behaviour.
Schupbach also gave evidence about an unrelated incident in September 2022, when Cross purchased a bottle of wine from the bar and claimed at the time Cross was intoxicated and behaved in an aggressive manner.
The respondents criticised the police’s case and the reliability of Cross’ evidence, which they said was neither reliable nor credible.
In its decision, the Alcohol Regulatory and Licensing Authority stated the man’s intoxication was observable and should have been picked up and acted upon by Jones earlier than occurred.
It stated Jones’ decision to serve further alcohol to the man - particularly strong shots - when it should have been obvious to Jones the man was intoxicated, was not responsible.
It also stated the Mackenzies were at the pub in a formal capacity for a sufficient time and had sufficient opportunity to observe the situation with the man.
The licensing authority determined that they would have their manager’s certificates suspended for two weeks, and Jones would have his manager’s certificate suspended for a month.
It also suspended the on-licence to the premises trading as the Platform Bar Restaurant and Cafe for seven days.
