Liquor & Non-medical Cannabis Compliance & Enforcement: A&A’s 2019 round-up
2019 has been a busy year thus far for the British Columbia Liquor & Non-medical Cannabis Compliance & Enforcement program. Sales to minors, serving intoxicated patrons (or serving patrons to the point of intoxication) and staff drinking on the job remain the leading causes of enforcement action. No surprises here.
The rules and regulations in British Columbia that govern how liquor is bought, sold, stored, marketed and consumed are complex and always changing. It is important that licensees and their staff remain informed of changes to Branch policy and the terms and conditions handbook. Below is a snapshot of the enforcement proceedings that the Liquor and Cannabis Regulation Branch has pursued this year.
After the Branch serves a licensee with a contravention notice, it will proceed to determine whether a compliance meeting is the appropriate next step, or the issuance of a notice of enforcement action. When a licensee is served with a notice of enforcement action it must elect to either sign a waiver accepting responsibility for the contravention, or request an adjudicated hearing.
Liquor inspectors across the province regularly visit licensed establishments and permitted events of all categories and descriptions, often covertly, to test compliance. Alcohol & Advocacy recommends that readers familiarize themselves with these and other reported decisions from the Branch so that they can better understand the Branch’s process, priorities and penalties.
Over crowding
On August 22 the Branch released its decision in re Cabana EH19-013 (second contravention) ordering a penalty of a 7 day license suspension. That decision can be read in full here.
On September 10, 2019 the Branch released its decision in re Fortune Sound Club EH19-009 (second contravention) ordering a penalty of a 7 day licence suspension. That decision can be read in full here.
In both decisions the contravention at issue was admitted, and only the nature of the penalty was disputed. Neither licensee appeared before the Branch with the benefit of counsel.
Purchasing liquor from other than the BC LDB
Fets Whisky Kitchen on Commercial Drive has been busy this year challenging the General Manager of the Liquor and Cannabis Regulation Branch over the Branch’s conduct raiding its premises in January, 2018 without a search warrant and carting off $40,000 worth of rare Scotch Malt Whisky Society product (242 bottles in total).
On June 6, 2019 Fets was unsuccessful in challenging the Branch’s enforcement action. That decision can be read in full here.
On September 6, 2019 the Branch released a reconsideration decision, affirming the earlier decision. That decision can be read in full here.
On October 7, 2019 Fets applied to the Supreme Court of British Columbia for a judicial review of the reconsideration decision.
Allow a person to sell or serve liquor without prescribed training (Serving it Right)
On June 5, 2019 Nando’s Chickenland (Richmond) signed a waiver in response to this allegation resulting in a one day suspension of its licence for this contravention (it also entered into a waiver with respect to other contraventions).
Sell or serve liquor while licence is cancelled
On June 6, 2019 El Restaurante del Pollo (Aldergrove) signed a waiver in response to this allegation resulting in the cancellation of its food primary licence.
Exceed maximum drink size
On June 17, 2019 Campbell River Bowling (Campbell River) signed a waiver in response to this allegation resulting in a one day suspension of its licence for this contravention (it also entered into a waiver with respect to other contraventions).
Advertising contrary to regulation
On May 28, 2019 a Delta based manufacturer signed a waiver in response to this allegation resulting in a $1,000 fine.
Offering, giving or accepting gifts for the promotion of liquor
On May 15, 2019 a Victoria based manufacturer signed a waiver in response to this allegation resulting in a $7,500 fine.
If you have questions about British Columbia’s liquor laws, or your establishment is facing enforcement action, contact Dan Coles at Owen Bird.
*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.
