‘Patrons cannot understand’ why drinking beer while bowling banned, B.C. bar argues to regulator

A bowling ball and pins. (Source: Pexels/Engin Akyurt

A sports bar in Victoria has been fined a third time for contravening the terms of its liquor licence, which does not allow alcoholic beverages in certain areas of the building, because a patron brought a beer into its bowling alley.

The Canadian Brewhouse and Grill in the Uptown area argued, in written submissions to the Liquor and Cannabis Regulation Branch, that the rule was difficult to enforce because customers didn’t understand it and asked for a lesser penalty.

Regulators ultimately handed the bar the fine anyway as it was a repeated infraction, according to a general manager decision handed down last week.

The infraction

The Canadian Brewhouse holds a food primary licence, which means liquor is allowed in a “red-lined area” that does not include the bowling alley within the bar.

The regulator says that on Sept. 7, 2024, liquor inspectors saw a patron bring a glass of beer out of the service area and into the bowling alley, a breach of the licence the owner did not dispute.

“The inspectors observed the patron do this – carry what appeared to be a glass of beer into the bowling alley area and consume the beer in that area – three times in eight minutes,” reads the decision by Dianne Flood, delegate to the general manager of the regulation branch.

Inspectors reported the infraction was in “plain view and sight for any observer” and that a staff member working near the bowling alley should have noticed and spoken to the customer.

The bar has been found, allegedly, to have allowed patrons to take liquor outside of the designated service area five times in the past, according to the LCRB.

The first three alleged contraventions—in July and September 2022 and February 2023—resulted in owners having to attend “compliance meetings” with regulators, and the next two, which were proven—in March and December 2023—resulted in fines of $1,000 and $3,000, respectively.

“Despite the branch’s prior multiple attempts to educate the licensee regarding liquor being removed from the service area, inspectors were able to observe liquor in the unlicensed areas of the establishment,” the LCRB wrote.

“This is now the fifth contravention including three compliance meetings and two proven contraventions. The licensee has taken no visible steps or measures to address the ongoing continuous contraventions.”

‘The general public cannot understand the rationale’

Regulators proposed a $7,000 penalty for The Canadian Brewhouse, the minimum monetary fine for a third contravention within two years, saying that despite being given suggestions on how to “achieve compliance” owners have not done so.

“These meetings and the subsequent imposition of monetary penalties seem to have little or no effect on the licensee,” Flood wrote. “The recurrent nature of these contraventions indicates that the Licensee has not taken seriously its responsibility to be compliant.”

Representing the bar, VP of operations Alex Dunn requested the penalty be lower or switched to a liquor licence suspension for a few days, submitting that a $7,000 fine would devastate the business and force the chain to close its Victoria location, resulting in about 80 jobs being lost.

He claimed that the establishment has tried to solve the “red-line rule” issue, including removing tables, running training sessions, putting up signs, and even firing four managers who didn’t enforce the rule—but nothing has worked.

“The licensee said that having to fire four managers for not being able to enforce this rule shows that it is not an issue with the people, rather an issue with the rule itself,” the decision reads.

“The licensee submitted that the reason why it has difficulty operating within this term of its licence is that the general public cannot understand the rationale for the rule,” it continues. The bar cited rules on drinking and driving or rowdy behaviour as limitations meant to protect people, making them easier to enforce.

“However, patrons cannot understand how prohibiting drinking a beer while bowling protects people, thus making enforcement difficult,” the decision reads.

The bar suggested the branch make tweaks to the regulations that would allow customers to drink while partaking in activities, such as the bowling alley. Those included changing the food primary licence, creating a new kind of licence between food primary and liquor primary, or to grant the Canadian Brewhouse a liquor primary licence.

The penalty

The branch said the establishment provided “only very limited evidence” it had taken any actions to stop customers from breaking the rule, namely firing managers, nor proved the new managers made a difference.

It also took into account the three “compliance meetings” and two previous admitted infractions for the same issue, all six taking place within 27 months.

“Some of the suggested actions were simple and inexpensive to adopt: to erect signage and to ensure staff informed patrons of the limitation on where they could consume liquor,” Flood wrote.

“This lack of evidence of any such action or other steps to avoid subsequent occurrences troubles me. This can only be seen as a blatant disregard by the licensee for the terms and conditions of its licence. For these reasons, I find that a penalty is warranted.”

The branch also ruled the bar didn’t provide satisfactory evidence of financial ruin if a $7,000 fine were to be imposed, and said it “ought to have known” the penalty would go up for subsequent violations.

“I am somewhat surprised by the licensee now suggesting that significant financial harm might come to it, and the potential dire implications for its staff and the community, if a $7,000 penalty is imposed. I find that if such consequences were likely, the licensee surely would have taken some effective steps to avoid a subsequent contravention from occurring,” Flood wrote.

As for the bar’s suggestion to change the rules for a food primary licence or create a new one, Flood said it was beyond her jurisdiction and did not comment further.

The Canadian Brewhouse and Grill must pay the Liquor and Cannabis Regulation Branch $7,000 by Feb. 16.