The Due Diligence Defence: “good intentions” are not enough

One of the defences a licensee can raise at an enforcement hearing before a Delegate of the General Manager of the Liquor & Cannabis Regulation Branch is the defence of due diligence. To be successful the licensee must satisfy the Delegate that the licensee had implemented adequate training to prevent the subject contravention and taken reasonable steps to ensure the effective application of that education and the operations of those systems.

Too many licensees appear before the tribunal without adequate evidence, organization, or submissions to satisfy the General Manager’s Delegate that they have met the due diligence standard. The Branch’s recent decision in Re: Boston Pizza Restaurant & Sports Bar is another example. You can read the decision in full here.

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Licensees Beware: BC’s Liquor & Cannabis Regulation Branch Complaint Process

The Liquor & Cannabis Regulation Branch makes a point of inspecting all licensed establishments in BC at least once or twice a year with higher risk establishments being inspected more frequently. As there are considerably more licensed establishments and special events in BC then there are liquor inspectors, the Branch must allocate its resources to ensure that the time liquor inspectors spend in the field is used efficiently. Accordingly, establishments without compliance history (a history of contravening the Liquor Control and Licensing Act) or significant complaint history (the Branch tracks the number and types of complaints it receives against an establishment) are treated as a low priority for inspection.

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