After police found two intoxicated women in a Queenstown bar, the licensee was brought before the court.
But it was the police who ended up red-faced.
On April 22 last year at 2.30am, Constable Emily Olsen conducted a licensed-premises check of The World Bar on Queenstown's Church St.
Of the 20 to 30 patrons in the bar, Const Olsen spotted a woman ''unsteady on her feet and leaning into people'', according to court documents.
''She smelt strongly of alcohol and had glazed eyes. She was slurring her words and struggled to provide her address and phone number,'' an Alcohol Regulatory and Licensing Authority (Arla) decision said.
Bar manager Peter Forde assessed the woman's state as ''influenced'' but the officer disagreed, claiming the woman was ''intoxicated''.
Another ''belligerent'' patron approached while the discussion was taking place.
''This person was also swaying and at one point lost her balance and stumbled.''
Mr Forde made a similar assessment.
The case was heard by the licensing authority and Judge Kevin Kelly last month.
While the bar, represented by Gary Livesey, accepted the police summary of the facts, Mr Forde, who was absent from the hearing, did not.
Sergeant Tracy Haggart said a 24-hour suspension of the bar's licence had been agreed and it was simply up to the Arla to decide the financial penalty imposed.
The law allows a fine of up to $5000.
Sgt Haggart asked the authority to suspend Mr Forde's management licence, too.
But Judge Kelly demurred.
''The police must prove not only that a person was intoxicated but that the licensee or manager knew the person was intoxicated and that the licensee or manager allowed the person to remain on the premises,'' Judge Kelly said.
The statements of the constables were not filed in evidence, nor were the officers present to confirm them.
If Mr Forde had attended the hearing, he would not have had the opportunity to cross-examine them, Judge Kelly said.
Mr Livesey had accepted the police case because ''he had a good working relationship'' with them.
''This positive relationship with the police is laudable and to be encouraged,'' the judge said.
But there was an absence of evidence before him to prove the allegations.
Judge Kelly dismissed the cases against both the bar and Mr Forde.
The World Bar management was unavailable for comment.
