Vernon pub avoids fine after serving teen in sting operation

In a rare move, a Vernon pub that inadvertently served a minor an alcoholic drink has avoided being fined or shut down for a week after it proved it had done its due diligence not to serve teens.

According to an Aug. 28 BC Liquor and Cannabis Regulation Branch decision, Vernon’s 1516 Pub and Grill was caught in a government sting operation in February.

The decision said a minor entered the lakeside pub shortly after 4 p.m. and was served an alcoholic drink.

The pub’s owner, Sherman Dahl, was then given the choice to pay a $7,000 fine or be shut down for a week.

However, the pub successfully appealed and fought the penalty, saying it was a one-off mistake due to the circumstances at the time.

The liquor board’s practice of liquor inspectors accompanying under-19-year-olds into licensed premises to try to buy alcohol has recently been criticized by the BC Restaurant and Foodservices Association who said it has seen too many reputable businesses fall foul of BC liquor laws and hit with steep fines.

While many businesses appeal the fine, it’s rare to be successful in pleading the defence of having done their due diligence.

In 1516’s case, the licensee argued they had been in the restaurant industry for many years and held several liquor licenses for other establishments and had a clean record.

“The licensee had done everything, and perhaps more than what could be expected, to avoid serving minors,” the decision read. “He said the contravention was an honest error, made by a senior, experienced staff member on a day that was unexpectedly very busy.”

The liquor inspector disagreed, saying the pub was quiet when the teen entered in the afternoon. The liquor inspector argued the two members of staff who greeted and then served the minor were both senior managers.

The liquor inspector also argued that the safeguards put in place fell short of what could be “reasonably expected.”

The pub disagreed, saying 40 people had just shown up for a reservation made for 15. They were the only employees on the floor and suddenly “run off their feet.”

The pub argued that both staff members had been in the industry for decades and had rigorous training about asking for ID and not serving minors.

The Liquor Branch agreed.

“I find that in this matter the service of liquor to a minor was an error due solely to circumstances that were both unusual and unanticipated in the context of the Licensee’s business,” Liquor Branch Delegate Dianne Flood said in the decision.

“I also find, and it is a key element to my ultimate conclusion in this matter, that with (the) manager’s many years of senior level experience in liquor service and his extensive knowledge of (the law), and given the unusual circumstances of that day in terms of the high number of unanticipated patrons, no amount of additional training of (the) manager by the licensee would have prevented this sale from happening, nor would any additional systems in place have prevented this sale.”

Ultimately, the pub avoided a $7,000 fine or a seven day closure.