In the recent British Columbia Supreme Court decision R. v. Roudiani, the accused was charged with aggravated assault arising from an incident near the intersection of Granville and Smithe Streets in Vancouver – the heart of the Granville Entertainment District. Mr. Roudiani was ultimately acquitted and those reasons can be read in full here. Mr. Roudiani was successfully defended by a friend of Alcohol & Advocacy – Mr. Joven Narwal.
Of interest to readers of Alcohol & Advocacy is the unreported decision of Mr. Justice N. Smith on a voir dire relating to the admissibility of BarWatch records at trial. Mr. Roudiani asserted that the use of this information gathered by the police during its investigation was a breach of his Charter right to be free from unreasonable search and seizure.
In the Spring 2018 edition of Liquor Line, the Liquor Control and Licensing Branch’s biannual newsletter, the LCLB affirmed the basic principle that licensees are responsible for making sure their staff do not provide liquor to minors, but also clarified situations where it is “ok” for staff not to check ID.
The Branch clarified that staff members observed not asking a youthful looking person for ID is not itself a contravention of the Liquor Control and Licensing Act, or the terms and conditions of a licence – it is the act of selling or serving liquor to a minor that is a contravention. The Branch provided the following examples to clarify the point:
The Branch stressed that where there is any doubt, requesting two pieces of ID remains the best practice.
For licensees, providing ongoing training for staff on the basics of asking for and inspecting identification is of paramount importance. Not only is it the responsible thing to do, but a meaningful and thorough staff training regimen with ongoing reinforcement of the Serving It Right curriculum goes a long way towards mounting a successful defence of contravention enforcement action.
Despite the LCLB’s ongoing efforts to educate licencees on the importance of preventing the sale and service of alcohol to minors, contraventions for the same remain the leading cause of enforcement action against licensees. The penalty for a first contravention of serving a minor is a 10 day licence suspension or a $7,500 fine.
If your establishment has been served with a contravention notice, or is facing enforcement action, contact Dan Coles at Owen Bird for assistance.
*Alcohol & Advocacy publishes articles for information purposes only. They are not a substitute for legal advice, and persons requiring such advice should consult legal counsel.
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.