All Posts by Dan Coles

Brew Street Craft and Kitchen: Permitting an intoxicated person to remain

St. Patrick’s Day is a big source of business for the liquor industry. While all owners and managers hope that the day will run smoothly, and profitably, the failure by staff to comply with the terms of the Liquor Control and Licensing Act, namely by over-service, can put a damper on the festivities. Regrettably, the Brew Street Craft and Kitchen learned this the hard way last year.

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Cooper v. British Columbia: Court of Appeal rebukes Liquor Control and Licensing Branch

British Columbia’s Court of Appeal ended 2017 with a stinging rebuke of the Liquor Control and Licensing Branch’s October, 2016 decision to cancel the liquor licences of Dell Lanes, a family-operated bowling alley in Surrey, B.C.  Madam Justice Newbury, after being left with a “sense of unease” concerning the decision-making process followed by the Branch ordered that the bowling alley’s licences be renewed, albeit with some additional conditions.

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Should I sign a Liquor Control and Licensing Branch waiver notice?

If a liquor inspector or police officer observes a contravention of the Liquor Control and Licensing Act, Regulation or the terms and conditions of your establishment’s licence, they will issue a contravention notice. If the contravention is a recurring problem or a threat to public safety, the inspector may recommend enforcement action. At that point you as licensee will be given the option of signing a waiver notice or proceeding to an enforcement hearing. Licensees should discuss this important election with counsel at the earliest opportunity.

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Wardak v. Froom: Is the law of social host liability about to change?

Alcohol & Advocacy has written previously about the law of social and commercial host liability; two separate but related categories of relationships that may attract legal liability. The recent decision of the Ontario Superior Court of Justice in Wardak v. Froom suggests that the categories of relationships that may attract legal liability could soon be expanding.

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Gratuity Included: The Timothy Brown Class Action

Restaurants banning tipping and transitioning to “gratuity included” pricing is not a new concept. While such arrangements rarely last, from time-to-time news breaks of avant-garde restaurateurs who attempt to throw off the tipping yoke, and launch eateries where management (and not patrons) have control over staff compensation leading (in theory) to a more equitable workplace. The thought process is that gratuities left to wait staff, even in establishments that engage in some form of tip pooling, are rarely distributed “fairly” to the important people who work in the kitchen, clear the tables, and take the reservations. The solution? Mark-up menu prices by 20% and pay all staff a living wage.

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Diageo v. Heaven Hill: Passing off in the liquor industry

Earlier this summer Mr. Justice Boswell of the Federal Court of Canada released his decision in Diageo Canada Inc. v. Heaven Hill Distilleries, Inc., which resolved a trademark and passing off dispute between two significant players in the liquor industry. At issue in Diageo v. Heaven Hill is the similarity in Diageo’s Captain Morgan mark, and Heaven Hill’s Admiral Nelson mark. Both marks are used by their respective owners to identify and market their lines of rum.

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Understanding Social Host Liability

Alcohol & Advocacy has previously examined the law of commercial host liability in British Columbia. Today most patrons and employees of licensed establishments are familiar with the concept of commercial host liability: bars and restaurants owe a duty or care to ensure that if their patrons become intoxicated they do not harm themselves or others who come in contact with them. The classic example of a situation where a commercial host will be found liable is when an over-served customer gets behind the wheel, and later harms another user of the road.

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