Karl McShane, who was acting aggressively, was served the drinks, which he drank in quick succession, at the Le Hocq Inn, a licensing assembly was told this week.
McShane threatened men with karate-style chops, dropped his trousers to his ankles, showed his buttocks, kicked the bar and swore – but was not asked to leave the pub, Solicitor General Stéphanie Nicolle told the assembly.
Miss Nicolle said: ‘A witness saw Mr McShane arguing with two men about the way they were dressed.
He asked them outside for a fight and was standing face to face with one man, swinging his arms as if he was doing karate-type punches or kicks.
The customer then saw that McShane started to kick the bar.’ Miss Nicholle reported that Alexandra Snowden, who had been binge-drinking with McShane all day, said he was drunk when they entered the Le Hocq Inn – but ‘angry and drunk, but more angry and not staggering or anything’.
Miss Snowden said he bought a double vodka for himself and as soon as he had finished one he bought another.
McShane had been drinking since midday and had already drunk around eight vodkas and a Sambucca and Bailey’s when he arrived at the Le Hocq Inn at around 10.30 pm on Saturday 7 May 2005.
He was charged with a number of offences and sentenced by the Royal Court to two years and seven months in prison after the hit-and-run.
The matter was referred to the Licensing Bench by the Solicitor General.
Barman Blake Campbell, who was 20 at the time, had been left in charge of the public bar at the Le Hocq Inn.
Mr Campbell, a part-time employee who had worked at the pub for around one month, but had five months’ previous experience, served McShane.
Landlord Robert Moore, who had just taken over the pub’s licence and had also taken the night off, was enjoying a meal in the restaurant side of the premises.
Advocate Rebecca Juste, acting for Le Hocq Inn Ltd, said that Mr Campbell had made a poor call of judgment by serving McShane.
She also said the company had criticised Mr Moore for taking a Saturday night off and for not supervising Mr Campbell.
Both men no longer work for Le Hocq Inn Ltd, said Advocate Juste, after agreeing, by mutual consent, to leave.
The incident on the night in question was a one-off, she said, and the company deeply regretted the fact that it had had such tragic consequences – as the hit-and-run victim was left seriously injured.
When the offence occurred Mr Moore was not the registered licence holder of the pub, after failing to notify the Constable of his appointment.
One of McShane’s charges, being drunk and disorderly on licensed premises, was dropped on the grounds that the premises were not licensed because the Constable of St Clement had not been notified of Mr Moore’s appointment.
Advocate Juste said the present licensing law, which stated that no one under the influence of alcohol could be served in a pub and no one excessively under the influence could remain on licensed premises, was ‘problematic’ and needed to be clarified.
Advocate Juste argued that if she or anybody entered a bar and drank one glass of wine, they could not legally be served – because they would be ‘under the influence of alcohol’.
But the Bailiff, Sir Philip Bailhache, who was chairing the assembly, said that if he drank wine over lunch, he would not consider himself to be under the influence of alcohol, even if it would be questionable as to whether he should drive a car.
The Bench reserved their judgment.
Sir Philip was sitting with Jurats de Veulle, Le Brocq, Bullen, Le Cornu and Le Breton.
