The bar and restaurant industry is fertile ground for Human Rights Code issues. While often these issues arise between management and staff, they can just as easily develop between bar staff and the public they serve.
After receiving a Contravention Notice for the alleged breach of the Liquor Control and Licensing Act or a term of your licence, the Liquor Control and Licensing Branch may follow-up by issuing a Notice of Enforcement Action. This document should contain two crucial pieces of information: sufficient particulars of the Branch’s allegations, so that you are able to understand the Branch’s case against you, and the Branch’s proposed penalty.
The role of the Liquor Control and Licensing Branch (the “Branch”) enforcement program is to ensure that licensees comply with the Act, the Regulations and the terms of their licence. Though the goal of the Branch is to ensure compliance through voluntary measures and education, the Branch also relies on other tools including the random, but more often targeted, inspection of licensed premises by liquor inspectors. The Minors as Agents Program (“MAP”) is one of the Branch’s most powerful tools to achieve compliance.
On January 31, 2014 the Ministry of Justice released the B.C. Liquor Policy Review Final Report. This comprehensive report was the product of 87 days of consultation including 65 stakeholder meetings, and the input from tens of thousands of engaged British Columbians. Though there have been many updates and amendments to the current legislation over the past century, never before has the Provincial government consulted so extensively with stakeholders and the public. The Report made 73 recommendations in total, all of which have been endorsed by the government.