The owner of a bar in Valemount has been hit with a $15,000 fine for selling liquor while its licence was suspended.
Silver Mount Enterprise Ltd., which owns the Log and Rail Bar in the Valemount Hotel, has until June 29 to pay the fine, according to a May 29 decision from the Liquor and Cannabis Regulation Branch.
The outcome stems from a series of missteps that began on about Sept. 2, 2022 when the LCRB gained reason to believe the Log and Rail was being operated by a third party.
A request to submit a completed third-party application to the LCRB was given to Silver Mount and when it failed to do so, was warned on Nov. 28, 2022 that its licence would be suspended if one was not provided by Dec. 12, 2022.
On Dec. 7, 2022, a consultant retained by Silver Mount sent an email to the LCRB asking for an extension of the deadline and two days later, called the LCRB to follow up on the request. The consultant was told to send an email setting out the reasons why Silver Mount needed an extension but none was received and the suspension came into effect on Dec. 12, 2022.
Five days later, local RCMP conducted a walk through and observed patrons purchasing and consuming liquor and subsequently LCRB was notified.
According to the decision, Silver Mount admitted to the breach but also contended that the consultant was unable to submit a third-party application because he "lost control of the portal" and could not access the licensees' electronic account with the LCRB.
In her decision, LCRB general manager's delegate Dianne Flood found the consultant could have tried harder, finding the consultant could have contacted the LCRB through the phone numbers and email addresses included in the notices issued in September and November but did not do so except to ask for the extension.
"The sale of liquor is a serious matter due to the potential harms to members of the public and to the community at large, so not just anyone can sell legally liquor," Flood commented. "To protect the public and the community well-being, the Act sets up a rigorous licensing scheme that requires licensees and third-party operators to be vetted to ensure they are 'fit and proper.'"
Because Silver Mount had not committed a similar contravention within the previous two years, Flood issued the lowest fine allowed for the breach but denied a request to extend the deadline for payment. Silver Mount had known about the contravention and penalty for five months and did not give any reason for the extension other than it does not have funds available from operation of the establishment nor did it offer a proposed time period to pay the levy, Flood reasoned.
Flood also ordered that signs showing that a monetary penalty had been imposed be posted in a prominent location at the bar.
