Enforcement Order Reconsideration Part 3: Administrative Independence
In Parts 1 & 2 of the reconsideration series, Alcohol & Advocacy observed that the delegates of the General Manager of the Liquor and Cannabis Licensing Branch who decide enforcement hearings...
View ArticleMcCormick v Plambeck: The end of social host liability?
On June 12, 2020 Chief Justice Hinkson of the Supreme Court of British Columbia issued reasons for judgment in McCormick v. Plambeck, the latest word on social host liability in British Columbia and...
View ArticleLicensees Beware: BC’s Liquor & Cannabis Regulation Branch Complaint Process
The Liquor & Cannabis Regulation Branch makes a point of inspecting all licensed establishments in BC at least once or twice a year with higher risk establishments being inspected more frequently....
View ArticleThe Due Diligence Defence: “good intentions” are not enough
One of the defences a licensee can raise at an enforcement hearing before a Delegate of the General Manager of the Liquor & Cannabis Regulation Branch is the defence of due diligence. To be...
View ArticleWhat is a meal? Scotch Eggs and Covid Protocols
Earlier this month British politician Michael Gove found himself in a spot of controversy over the delicate question of whether or not a Scotch Egg (a boiled egg wrapped in ground pork, breaded, and...
View ArticleBC’s Privacy Commissioner to audit private liquor and cannabis retailers
On November 25th BC’s Information and Privacy Commissioner Michael McEvoy announced that his office will review BC’s licensed private sector liquor and cannabis retailers’ privacy practices under the...
View ArticleBOLO 2021: BE ON THE LOOK OUT FOR THESE LIQUOR LAW CHANGES IN THE NEW YEAR
Throughout 2020 British Columbia’s Liquor and Cannabis Regulation Branch issued a series of temporary relaxations of existing rules and regulations in response to COVID 19. Certain of these...
View ArticleThe Scotch Whisky Association v. Macaloney Brewer & Distillers Ltd.
In March, 2021 the Scotch Whisky Association (“SWA”), a Scotland based trade association of the Scotch whisky industry, and Whyte and Mackay Limited, a Scotland based distilling and bottling company,...
View ArticleMcLaughlin v. Cerda: Post-shift drinks and the duty to warn
On the evening of January 9, 2017, after finishing her serving shift at S&L Kitchen and Bar in Langley, Ms. Cerda remained in the restaurant to have a post-shift drink at the bar with several of...
View ArticleDhaliwall v. Hook Restaurant Ltd: earning sweaty equity in the restaurant...
In July, 2021, following a four day trial, the Supreme Court of British Columbia released reasons for judgment in Dhaliwall v Hook Restaurant Ltd. The plaintiff Kayla Dhaliwall is a professional chef....
View ArticleThe Lobster Trap v. Registrar (Alcohol, Cannabis & Gaming)
In order to obtain (and renew) a licence to sell alcohol in British Columbia, the General Manager of the Liquor and Cannabis Regulation Branch must be satisfied that the individual or individuals...
View ArticleBOOM CHAKALAKA: Ignoring COVID Orders in BC can cost you your liquor licence
Recent decisions published by the Supreme Court of British Columbia and the Liquor & Cannabis Regulation Branch indicate that across British Columbia liquor inspectors and environmental health...
View ArticleAlcohol & Advocacy Year in Review 2021
2021 proved to be another banner year for blink-and-you’ll-miss-it changes to the liquor law landscape. Alcohol & Advocacy frequently describes the liquor laws in British Columbia, and across...
View ArticleCase to watch: Kirkland v. Attorney General of Alberta
Kyle Kirkland is a member of the Hells Angels Motorcycle Club. Since at least 2016, spread over two different pieces of litigation (2016 court decisions outlining his first lawsuit can be read here...
View ArticleLiquor & Cannabis Regulation Branch Enforcement Decisions now on CanLii
Big news for British Columbia’s hospitality industry: enforcement decisions of the general manager’s delegates from 2022 onwards are now available on CanLii! Some time ago I participated in a short...
View ArticleIkura Japanese Restaurant: Drinking, Driving and the Fit and Proper Analysis
Ikura, located on Granville Street in Vancouver, holds a food primary liquor licence. At issue in the hearing before the general manager’s delegate was the Liquor & Cannabis Regulation Branch’s...
View ArticleAugust, 2022 General Liquor Policy Changes
So far 2022 has been a relatively slow year for policy changes by British Columbia’s Liquor and Cannabis Regulation Branch. Readers of A&A will know that over the last couple years (largely driven...
View ArticleCactus Club Café and the law of Wining & Dining
Imagine this: you and a date visit a restaurant and order a bottle of wine while you catch-up, consider the menus, and enjoy the ambience. After the better part of two hours, but before ordering and...
View ArticleThe Scotch Whisky Association v. Macaloney Brewer & Distillers Ltd.
In March, 2021 the Scotch Whisky Association (“SWA”), a Scotland based trade association of the Scotch whisky industry, and Whyte and Mackay Limited, a Scotland based distilling and bottling company,...
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