
Tavern's liquor licence suspended
A Dunedin tavern has been banned from selling alcohol for two days after running giveaways involving a "premium ham" and a lawnmower.
The Kensington Sports Bar & Tavern was issued a liquor licence suspension by the Alcohol Regulatory and Licensing Authority last month following an application by police.
Police alleged the tavern irresponsibly promoted the sale of alcohol in two separate social media posts, one in November and another in December last year.
The posts contained promotions to be in to win a LawnMaster Pulse lawnmower, retailing for $599, and a "premium ham" with the purchase of select alcoholic products, a decision issued by the authority said.
The Sale and Supply of Alcohol Act 2012 states it is an offence to offer any goods or services, the opportunity to obtain any goods or services, or the opportunity to win a prize "on the condition that alcohol is bought".
Judge Robert Spear ordered the tavern's on-licence to be suspended for 48 hours, from 10am on September 5 until 10am on September 7.
The grounds of the application were undisputed, and the suspension was not opposed.
Thirsty Liquor Dunedin, a George St bottle store at the former Fine Wine & Spirits premises, was also brought to the authority's attention by police last month.
In December last year, police were monitoring the behaviour of a man verbally abusing people in the city centre, Judge Spear said.
Officers saw the man enter the bottle store and leave moments later carrying a bottle of alcohol.
"He then dropped the bottle of alcohol as he attempted to use an ATM across the street.
"He was assessed by the police officers as being grossly intoxicated."
Judge Spear ordered the off-licence to be suspended for 96 hours, from 10am on July 27 until 10am on July 31, and a manager's certificate issued to Nagaraju Racharla — listed as a former director of the store's holding company, Sri Sai Liquor Ltd, in its records — to be suspended for 28 days, from July 27 until August 23.
Neither respondent disputed the grounds of the applications.
Each suspension constituted one "negative holding".
A total of three incurred within three years would result in an application for the cancellation of the respective liquor licence or manager's certificate in each case.
tim.scott@odt.co.nz
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Such inducements are illegal under section 237 of the Sale and Supply of Alcohol Act 2012, which prohibits the irresponsible promotion of alcohol. In its written decision, the authority said: 'The posts contained promotions to be in to win a lawnmower (the November promotion) and a premium ham (the December promotion) with the purchase of specified types of alcohol in breach of s 237(1)(e) of the Act.' The authority noted that SPS Hospitality Group Ltd, which holds the licence for the premises, did not contest the police application for suspension. 'The respondent does not dispute the grounds of the application and it does not oppose the suspension of the on-licence,' the decision read. Inspector Ian Paulin, national manager of Alcohol Harm Prevention, said police filed that there had been an increase in breaches of this section being taken from around the motu to the ARLA following some informative case law from November 2023, where ARLA confirmed that promotions on social media or the internet were 'outside' the licensed premises. He clarified that Section 237 permits promotions inside the licensed premises. 'Promotions in this section mean discounting alcohol by more than 25%, or a 'buy alcohol and go into the draw for a prize' type of promotion,' he said. While the breach was treated seriously, the authority accepted it was a first offence and opted for a relatively light penalty. 'We consider that a 48-hour suspension is appropriate for a first offence by this licensee for this offence,' it said. The suspension will also be recorded as a 'negative holding' under the act. If the venue accrues three such holdings within a three-year period, it may face a licence cancellation hearing. 'This order is deemed to be a negative holding,' ARLA chairman Judge Robert Spear wrote. 'If the licence has not already been cancelled, three negative holdings incurred within a three-year period will result in an application to the authority for cancellation of the licence.' The decision was released on July 22 with the suspension to take effect in early September. Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.