In a rare move, a Kelowna restaurant that sold an underage teen a bottle of Corona in a sting operation has managed to avoid a $7,000 fine.

According to a June 23 BC Liquor and Cannabis Regulation Branch decision, provincial government inspectors conducted the sting op at Milestone’s last February, sending an 18-year-old into the lounge to order a beer.

The server didn’t ask the undercover teen for identification and brought them a bottle of Corona.

The restaurant was then told it had been caught in a minors-as-agents program and later issued a $7,000 fine.

The BC Restaurant and Foodservices Association has been critical of the program, saying it had seen too many reputable businesses receive steep fines for making a simple mistake. In the majority of cases, the restaurant and bar industry association said serving an underage person was just an error, and that a $7,000 fine was enough to close a business.

While businesses can appeal fines, few are successful.

In May, Kelowna’s O.K. Corral Cold Beer Liquor Store was caught selling a six-pack to an underage investigator, and in a rare move, successfully fought the $7,000 fine, saying it had done its due diligence not to serve anyone underage.

Milestone’s also argued a defence of due diligence, pointing to lengthy and detailed company procedures in place to ensure people under 19 years of age aren’t served alcohol.

The decision said the server who accidentally served the teen had worked at Milestone for 19 years and had an unblemished record.

In the moments before giving the teen a bottle of Corona, she had just asked another table for ID.

She testified during a one-day hearing that it was “personal failure” and a momentary mistake.

She’d been given a written warning for selling the 18-year-old a beer and was told if it happened again she’d be fired.

The 30-page decision went through a lengthy overview of the company’s numerous policies and procedures.

To spot an underage person, staff look at wrinkles, skin, beard, clothing and lack of confidence when requesting alcohol.

“She looks for any signs of aging on neck or hands,” the server testified. “She mentioned that older people wear ankle socks while young ones wear crew socks.”

The Liquor Branch found the server to be credible and sincere in her commitment not to serve underage individuals, and her failure to ID the minor agent was not a failing in her training.

“A licensee must not only demonstrate it has policies in place and has provided the necessary training to its employees, it must also demonstrate that it has taken reasonable steps to ensure the effective application of that education and the day-to-day operation of those systems,” the Liquor Branch said.

The Liquor Branch recommended the restaurant put up signs saying customers would be asked for ID if they appear to be under 35, but ultimately ruled that a robust system was in place to make sure its staff didn’t sever under age teens.

The $7,000 fine was scrapped.