A Courtenay pub must now pay a $3,000 fine after letting an intoxicated person stay in the establishment.
According to a ruling from the Liquor and Cannabis Regulation Branch last month, two liquor inspectors visited Whistle Stop Holdings on Mansfield Drive at 11:36 p.m. on November 2 to perform safety inspections.
14 minutes after sitting down at 11:50 p.m., one of the inspectors saw a female patron approach immediately to their booth, appearing unsteady on her feet with drooping eyes.
“When she reached the booth, Inspector A noted that Patron A sat down heavily into it, dropping into it rather than lowering herself to be seated,” said the ruling.
“Upon being seated, the patron immediately leaned sideways into the male patron seated in the corner of the booth. At 11:54 pm, Inspector A observed the patron head resting on the table adjacent to the booth, with one of the males sitting beside her rubbing her back. At approximately 11:57 pm, Inspector A overheard one of the males seated at the table with Patron A asking how she was “getting home” and the male rubbing the patrons back shrugged in response. At this time, Inspector A observed another female sitting at this booth bring a glass of water to Patron A.”
Just after midnight, the patron was seen walking unsteadily to the front entrance, leaving the pub for 3 to 5 seconds before coming back and sitting in a chair beside the booth, where she stayed for another 10 minutes, eventually leaving at 12:12 am.
For 22 minutes, the inspectors say they saw employees passing by the patron on multiple occasions, with none of them stopping to check on the woman.
“At 12:22 am, the Inspectors identified themselves to the Bartender, informing him that they had observed a patron showing multiple signs of intoxication, and pointed out that the patron had been permitted to remain in the Establishment for 22 minutes,” said the ruling.
“The Bartender advised the Inspectors that the Licensee’s policy was that when the Licensee’s employees identified an intoxicated patron, they were to provide this patron with water and to call them a cab. The Bartender stated that the Licensee was short staffed and apologized for not having seen the patron.”
A representative of the pub says prior to the inspectors visit, the woman tried entering the pub but was denied by staff, later calling for a taxi to take her home.
Because of a festival happening at the same time, it would take 1 hour or more for a taxi to pick her up, leading her to ask the pub to come in while she waited for the cab.
“As Patron A was a 20-year-old woman who was obviously intoxicated and scantily clad, the Licensee’s staff made the decision that rather than make her wait outside in the cold in what was for her an unsafe area, that they would permit her to come into the Establishment while she waited,” said the ruling.
“Patron A was served only water, was permitted to sit with acquaintances while she waited, and staff had kept an eye on her at all times while she was in the Establishment.”
The representative says the incident was an unusual one, adding if it were to happen again, staff will direct the intoxicated person to wait at the local 7-11 for their cab.
After receiving all the evidence, the branch says the licensee committed a contravention of the Liquor Control and Licensing Act by allowing the intoxicated patron to stay in the pub.
They have ordered the pub to pay $3,000 to the branch manager on or before April 21.
To read the ruling, click here.
