B.C.’s Liquor and Cannabis Regulation Branch has fined a Vancouver Island pub $3,000 for allowing an intoxicated patron to remain in the business.
John Rogers, a hearing delegate for the Branch, said in a March 19 decision that two inspectors entered the Whistle Stop pub in Courtenay on Nov. 2, 2024.
Rogers heard that the inspectors observed a female patron who appeared to be unsteady on her feet and had drooping eyes.
She dropped into a booth and then slid down the seat before leaning into another patron.
They then observed her conversing with someone with her eyes closed and her head nodding.
“In addition, Inspector A observed Patron A’s mouth moving slowly, noting her speaking quietly and with a lack of articulation,” Rogers said.
Soon, she was brought a glass of water.
“Patron A lifted her head with her eyes closed, opened her mouth wide and used her tongue to find the straw in the glass,” Rogers said. “After a couple of sips of water, Patron A returned to resting her head on the table of the booth for the next three minutes.”
One inspector said pub employees passed the patron multiple times without asking about her condition.
The inspectors identified themselves to a bartender and asked why the patron had been allowed to stay in the pub.
“The bartender advised the inspectors that the licensee’s policy was that when the licensee’s employees identified an intoxicated patron that they were to provide this patron with water and to call them a cab,” Rogers said. “The bartender stated that the licensee was short staffed and apologized for not having seen Patron A.
A licensee’s representative told Rogers the woman was in the pub while she waited for a cab.
“The licensee’s staff had kept an eye on her at all times while she was in the establishment,” Rogers heard.
The bartender testified it was the only time he had let an intoxicated person wait in the pub for a cab rather than make her wait outside in an unsafe area.
Rogers said the Branch had taken the correct action in the situation.
“Notwithstanding the professed good intentions of the licensee’s staff in ensuring that Patron A departed safely, the licensee is liable for the contravention as alleged in the [notice of enforcement action],” Rogers said.
The pub has until April 21 to pay the $3,000 fine.
