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A Kelowna Caribbean restaurant has been forced to close its doors for 11 days over the summer after liquor inspectors saw a customer step outside with a drink.
The customer only stepped into the alleyway outside the restaurant for a few minutes, but the move led to the House Of The Caribbean restaurant being fined $11,000.
According to a June 15 BC Liquor and Cannabis Regulation Branch, liquor inspectors had observed the woman, who was drinking a can of White Claw, leave the restaurant with her drink last Halloween.
“The (liquor) inspectors told the Licensee that it was his responsibility to ensure that liquor did not leave the service area. No steps were made to correct the apparent contravention,” the decision reads. “Approximately four minutes later, the woman returned to the service area with the liquor product in hand. Still nothing was done to correct the contravention.”
The liquor board said this was the fourth similar infraction and, in March, issued a $11,000 fine.
The restaurant appealed the decision, arguing that an issue with their email account meant they hadn’t received the notice and hadn’t been able to challenge the allegations.
The restaurant also argued the fine was far too steep.
“The margins for restaurants are often slim to none, and the food industry is no different in Kelowna, which has experienced many closures of iconic restaurants in the past few years,” the restaurant said.
The restaurant said it had put off repairs and improvements due to its finances, and it had only been able to cover its costs.
It argued that instead of the $11,000 fine, it should serve two, five-day licence suspensions, from Monday to Friday.
“I find the substitution of a licence suspension for a monetary penalty may be appropriate provided it is of equal value,” Liquor Branch delegate Paul Devine said in the decision.
Ultimately, instead of a fine, the restaurant was ordered to close for 11 days from July 23 to Aug. 4, which includes the August long weekend.
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