Penneshaw Hotel and duty manager fined $50,000 for serving alcohol to man who later died in car crash

A KANGAROO ISLAND hotel and its former bar manager have been fined $50,000 for serving alcohol to an intoxicated man who died in a crash minutes after leaving the pub.

Richard Mark Purvis, 52, and the Penneshaw Pub Pty Ltd had pleaded guilty to seven counts of selling or serving liquor to an intoxicated person over the June 2013 incident.

The Christies Beach Magistrates court had heard shearer and regular pub patron Anthony “Affy” Read had a blood-alcohol level of 0.292 after consuming 22 serves of alcohol before he crashed into a tree and died minutes after leaving the hotel.

In sentencing on Monday, Magistrate Koula Kossiavelos said the case was rare because such crimes would only be detected when serious consequences occurred.

“This is the only case of its kind in South Australia involving the death of a person while driving directly after consuming the amount of alcohol in question,” she said.

“The facts of the 22nd of June 2013 are sad and tragic. (Defence counsel) submitted that no one could have predicted the outcome of the fatal collision by Anthony Read ten minutes later.

“In hindsight he should never have been served the amount of liquor that he was.

“This is a stark example of the harm associated with the consumption of liquor.”

Magistrate Kossiavelos said she had been told Purvis was “shocked and saddened” when told of Mr Read’s death and the pub had since formulated new policies that go above the requirements placed on them by responsible service of alcohol legislation.

She said Mr Read was stumbling and clearly affected by alcohol when served six serves of spirits and a sixpack of Bundaberg Rum to take away in a nine-hour drinking binge.

“You (Purvis) failed in that act (responsible service) and that failure has had tragic consequences,” she said.

“I take into account in this case that the Penneshaw Hotel was the only place where Mr Read had consumed alcohol so their exposure to liability was more obvious than would be the case in metro Adelaide where consumption of liquor could have occurred in several places.”

The court also heard both Purvis and the hotel are facing disciplinary hearings in the Liquor Licensing Court.

Outside court, defence counsel John Firth said the case could trigger better awareness among pubs about their responsibilities.

“I think most publicans will read about it and might be a bit more careful than they would have been,” he said.

The bartender on duty the night of Mr Read’s death, Dean Ian Carey, had earlier told the court Purvis would drink about two bottles of wine per shift.

Carey was earlier fined $700 after pleading guilty to three counts of selling or supplying liquor on a licensed premise to an intoxicated person.

Purvis made no comment as he left court on Monday but after an earlier appearance warned other rural pubs to be much more careful and compliant with the responsible service of alcohol because the consequences could be so damaging.

Magistrate Kossiavelos convicted both Purvis and the pub.

She also fined Purvis $10,000 and the hotel $40,000 after taking into account their impeccable previous history, early guilty pleas and their cooperation in voluntarily providing CCTV footage from the front bar the night Mr Read died.

Source : Perth Now   Ken McGregor  22nd September 2015