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Underage pint costs popular B.C. restaurant humiliation and $7K

Victoria restaurant and bar tried a defence of 91Ƶdue diligence91Ƶ for infraction

A downtown Victoria bar and restaurant that has had a clean record with the B.C. Liquor and Cannabis Regulation Branch since it opened 10 years ago has been fined $7,000 for serving alcohol to a minor.

In a recent branch decision, Little Jumbo Restaurant and Bar at 506 Fort St. was disciplined for the infraction despite it being a first offence. Little Jumbo could have been fined as much as $11,000, according to the decision, and/or had its licence suspended from seven to 11 days.

The decision said the licensee, Little Jumbo, admitted it had served a minor alcohol on March 24, 2023, but was using a defence of 91Ƶdue diligence91Ƶ through its staff training and business structure. That defence, however, was rejected.

91ƵThe licensee noted that this whole experience has been a humbling, humiliating and distressing experience for all staff concerned,91Ƶ read the decision.

On the date in question, a branch inspector was conducting what is known as a minors as agents program (MAP) inspection. The branch hires minors aged 16 to 18 years old to help carry out the inspection.

The inspector arrived first at 5:03 p.m., said the decision, and sat down in Little Jumbo, a popular fine dining restaurant and bar. The minor agent, who is 17 years old, then came in and was sat at the bar by the restaurant91Ƶs host.

91ƵA male bartender asked the minor agent if he was there for food and drinks,91Ƶ reads the decision. 91ƵThe minor agent replied 91Ƶyes91Ƶ and then ordered a 91ƵPathway Pale Ale91Ƶ from the menu. The male bartender did not ask the minor agent for identification and proceeded to provide the minor agent with a tall clear glass containing an amber liquid. The restaurant menu showed 91ƵPathway Pale Ale91Ƶ as 16 ounces of beer with 5% alcohol by volume.91Ƶ

The minor agent, who didn91Ƶt drink the beer, then asked for the bill, paid and left.

91ƵThe liquor inspector testified that he was able to hear the conversation between the bartender and the minor agent,91Ƶ said the decision. 91ƵHe testified that the lighting at the bar was quite dim. He stated that the minor agent had the beer in front of him for about one minute prior to exiting the restaurant.91Ƶ

Little Jumbo had several people testify in its defence.

91ƵAll the licensee91Ƶs witnesses testified that they take liquor service very seriously and they are quick to respond, if ever, to any issues,91Ƶ said the decision. 91ƵThe witnesses referred to the restaurant91Ƶs focus on a more mature clientele and that the instances of minors requesting alcohol are pretty rare. They also referred to the early closing time which discourages late night drinkers from coming into the restaurant.

91ƵThe floor manager described the ID policy in the restaurant. If a customer appears to be 30 or under, staff are instructed to request two pieces of ID as set out in the SIR manual. The restaurant gets a lot of tourists; often they have to refuse liquor service if the ID presented is not one of the acceptable pieces of ID. When asked how the age of 30 was chosen, the floor manager responded that it seems to be the common guideline in the industry as it leaves little room for error. The floor manager added that staff are regularly told that if in any doubt about requesting ID, or they are reluctant to ask for whatever reason, to seek out him or the bar manager who will then ask.

91ƵAs to the type of training given to new staff on how to know when to request ID, the floor manager explained that they tell staff to ID anyone requesting alcohol who appears young 91Ƶ person may have a beard or tattoo. He stated there are no specific features and that they leave it to individual staff to make a determination as to whether someone appears to be 30 or under 91Ƶ that it comes down to judgment.91Ƶ

Little Jumbo also presented a letter from the bartender in question, who was working their first shift alone after four shifts of shadowing and being shadowed.

91ƵI was much more focused on the behaviour of the actual board officer (the liquor inspector) who seemed very sketchy, moving tables, being weird, than I was in anything else,91Ƶ the bartender wrote to the branch. 91ƵHe stuck out and was behaving oddly and was quite distracting. His demeanour seemed off 91Ƶ I was certainly focused on that.91Ƶ

That point was specifically addressed and rejected in the branch decision.

91ƵAs the licensee91Ƶs witnesses emphasized several times in their testimony how unusual it was for a lone customer to appear immediately at opening and for another customer to be moving from one table to another, I wish to comment on the question of distraction as an excuse for why a contravention occurred,91Ƶ said the decision. 91ƵThe restaurant was not at all busy at 5:00 pm, even though staff would naturally be preoccupied with ensuring it was ready for the evening guests. Distractions are an inevitable part of any licensed establishment and may occur at any time. This does not excuse a relaxation of the rules around making ID requests.91Ƶ

The full decision .

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Chris Campbell

About the Author: Chris Campbell

I joined the Victoria News hub as an editor in 2023, bringing with me over 30 years of experience from community newspapers in Metro Vancouver and the Fraser Valley
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