Pub gets new liquor licence despite being caught serving booze to minors four times in 10 years

Wednesday, 5 July 2017

Te Aute Hotel, Hawke's Bay, is not considered to be a 'problem premises' by police despite being caught serving alcohol to minors four times in 10 years.

A pub that sold alcohol to minors four times in 10 years has been granted a renewed liquor licence, despite legislation calling for a 'vigorous approach' in such situations.

The Te Aute Hotel near Hastings was caught selling alcohol to minors aged 16 and 17 on March 11 last year as part of a controlled purchase operation by the Hawke's Bay DHB and the Hastings District Licensing Inspector.

Two RTD bottles of Smirnoff Black Ice were sold to minors in March last year.

The volunteers were sold two bottles of Smirnoff Black Ice RTDs containing 7 per cent alcohol. Neither was asked for proof of age.

It was the fourth time the pub had been caught selling to minors. The other occasions were in August 2013, June 2011 and January 2007. The first two misdemeanours were punished with a 24 hour suspension of the pub's licence. In 2013, it was suspended for a week.

University of Otago preventative and social medicine chair Jennie Connor said serving alcohol to minors was a threat to health.

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At the same time as considering what sort of enforcement action should be taken, the New Zealand alcohol regulatory and licensing authority last month also considered whether the pub's licence should be renewed.

The application for renewal was initially opposed by police, the local medical officer of health and the Hastings District Licensing Inspector, but all three withdrew their opposition when appearing before the authority.

But police did apply for a 'lengthy period of suspension' with the prospect of cancelling the licence completely if there were future breaches.

Before making its decision, the authority noted that the previous breaches were prior to new alcohol laws that came into effect in 2013, which had mandated the authority to take a more vigorous approach to breaches of the act and the penalties it imposes.

While it was the fourth time the pub had been caught out, the authority noted the advice from police that the pub was not considered a 'problem premises'.

'They are located in a rural area with a small local patronage and do not come to the attention of police,' the authority said in its decision, which was made public on Wednesday.

It said the pub's owner, Ian Morse, relied on the integrity of three managers, but without proper systems in place it left potential for breaches of the Act, and the authority wanted better systems and training to be implemented.

In decided to grant the licence, but only for two years instead of the usual three 'to minimise the risk of further breaches while allowing the licensee to implement further improvements'.

Asked why police withdrew opposition to the renewal, alcohol harm prevention officer Ray Wylie said the licensee had given assurances that improvements would be made and a controlled operation undertaken since last March had shown this appeared to be the case.

'They are aware the police and inspector are likely to oppose the next renewal of the licence if improvements are not made/continued,' Wylie said.

Morse said he had learned the error of his ways. He accepted the suspension and was confident the same mistake would not be made again.

He said the suspension would have a huge impact and it was 'touch and go' as to whether the business would remain viable.

'It's the same with all country pubs.'

Hawke's Bay DHB medical officer of health Rachel Eyre said: 'Te Aute Hotel's renewal of licence application was initially opposed based on the history of failed controlled purchase operations. The suitability of the applicant was the key issue at stake during the Alcohol Regulatory and Licensing Authority hearing.

'However, during the enforcement part of that hearing, there was an undertaking by the applicant to improve their systems, staff and training which met the standard of acceptance of the other agencies. Therefore, as medical officer of health, through my delegated representative, I withdrew my opposition.

'The applicant was made well aware that they would face opposition from all three agencies at the next renewal should no significant improvements be made and that this was their final chance to get it right.'

Chair in Preventive and Social Medicine at Otago University Jennie Connor said serving alcohol to minors was a threat to health.

'We have these laws for the whole population. They are intended to be applied equally to everybody,' she said.

In November 2015 Morse was granted a license for party in a paddock near the pub to mark the 50th anniversary of the formation of the Mongrel Mob despite opposition to the application by police, the medical officer of health and the liquor licensing inspector.

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