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.
A licensee in British Columbia may receive a Contravention Notice from the Liquor Control and Licensing Branch for a variety of reasons; serving minors and over-serving patrons are two of the most common. However, another issue arises with more frequency than most managers and owners probably realize: failing to promptly produce a record or thing for inspection.
Recently the Liquor Control and Licensing Branch released its reasons in Re Wolf in the Fog EH16-096, confirming that even high-end restaurants will be targeted by British Columbia’s liquor inspectors conducting minors as agent program (MAP) investigations.
Previously Alcohol & Advocacy reported on B.C’s Liquor Control and Licensing Branch compliance and enforcement statistics for January – October, 2016. The Compliance and Enforcement division has now made more statistics from 2016 available, including the “Top Ten Contraventions Pursued” which are as follows:
Licensees who operate in vacation destinations or resort communities know that that many of their patrons are visiting from away, and are in town to relax. Customers may be from foreign jurisdictions where the laws and culture surrounding the service and consumption of alcohol are very different than they are here in British Columbia; alternatively their customers may very well know the local laws and restrictions but feel that the laws should be as relaxed as they are.
From time-to-time the Liquor Control and Licensing Branch releases compliance and enforcement statistics. The most recent statistics on licensee contraventions of BC’s liquor laws are for the period between January and October, 2016. Alcohol & Advocacy has previously written on this issue for the period between January, 2010 and December, 2013, and that article can be found here.
On October 20, 2016 the Liquor Control and Licensing Branch suspended the food primary liquor licence of Johnnie Fox’s Irish Snug for a period of ten days. The reasons for the Branch’s decision in Re 641486 B.C. Ltd. dba Johnnie Fox’s Irish Snug can be read here.
Every day British Columbians head to the internet to do their shopping, even for perishable goods like groceries and flowers, and they expect to have the products they purchase delivered to their door. Now, (finally) they can do the same for all their beer, wine and spirits needs.
On April 13, 2016 the British Columbia Court of Appeal released its reasons in The Cambie Malone’s Corporation v. British Columbia (Liquor Control and Licensing Branch).
British Columbia’s liquor licensing regime is administered by the general manager – an individual appointed under the Public Service Act by the cabinet minister responsible for the Liquor Distribution Branch, which is currently part of the Ministry of Small Business portfolio. The general manager, and the staff he or she delegates powers and responsibilities to, have significant impact on the way liquor laws are developed and applied in British Columbia.