According to the office, an employee of the New England Hotel was seen serving three vodka based drinks to a male patron who was already severely intoxicated back in July. Apparently the man needed help with counting his money to pay and further assistance from his friends to get back to his table following the purchase of his drinks. "The intoxicated male then fell sideways into a friend’s lap and was later observed skolling his drink", OLGR said.
The office added: "Only when OLGR inspectors identified themselves to a bar staff member and asked him to assess the intoxicated man did hotel staff intervene and require him to leave."
According to police, the intoxicated man said he had consumed 12 to 14 beers during the night.
In addition, the hotel also failed to meet one of its licence conditions during the inspection, which required that two uniformed security personnel continually patrol the premise after 1.30am. OLGR officers found security guards standing around the hotel doorways, but not patrolling the area on the night of July 25.
"At the time security guards should have been patrolling, inspectors observed large groups of patrons loitering at the western end of the mall and at the taxi rank and making a considerable amount of noise", OLGR said.
Two penalty notices have been issued to the licensee and one to the bar worker who served the intoxicated person that evening. The Magistrate Michael Holmes also agreed that a fine of $3,000 and $560 in professional costs should be issued to the licensee for the selling alcohol to an intoxicated person charge and a $2,000 and $560 in professional costs for failing to meet its licence condition.
"As a result of the sell to an intoxicated person conviction, the hotel will now be considered for a second strike under the Three Strikes disciplinary scheme by OLGR. The hotel, which was previously listed on the state’s violent venues list, incurred a first strike after it was caught using glass aftermidnight in September 2013 in breach of a requirement placed on violent venues", the office added.
In sentencing, Mr. Holmes said a liquor licence was a privilege not a right, alcohol-related violence was a significant community issue, and a lack of proper security patrols can lead to problems if incidents occur.
Mr. Holmes said a strong message needed to be sent to ensure licensees comply with their legal and social obligations and to ensure future compliance with licence conditions and the liquor laws.
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