The owner of a B.C. food truck has been fined $7,000 after a “covert investigation” found she violated the terms of her liquor licence during an event featuring an AC/DC tribute band, according to the provincial regulator.
Sharon Toews operates a seasonal food truck called “Be Teased” on a one-acre property in the Shuswap region, a decision by B.C.’s Liquor and Cannabis Regulation Branch posted online Tuesday said. The business has a licence to serve liquor during certain hours, but the terms require its “primary focus” to be on the “service of food.”
The branch’s investigation was prompted by complaints about “disturbances caused by noise and concerning the apparent state of intoxication of unruly patrons departing the facility,” according to the decision.
So, in August of last year, two inspectors bought tickets to an event advertised on social media that promised a concert by the tribute band as well as two tacos for $45. The investigation determined that on the night in question, the venue “operated as if it were a bar or a nightclub,” the branch’s decision said.
“During the course of the evening, the investigators noticed many of the patrons drinking and dancing in front of the stage where the band was playing. Staff were seen dancing with the band on the stage and a member of the band was seen consuming a shot of liquor on the stage,” the decision continued.
Dancing, along with other activities such as karaoke, is only allowed at establishments that have approval for “patron participation entertainment,” the decision notes. At the time, Toews was trying to get her license modified so these things would be allowed and circulated a petition at the event asking patrons to endorse her request.
Someone at the event did make an announcement that dancing was not allowed but “there were no efforts made to curtail the dancing that took place through much of the course of the evening.”
This satisfied the branch that Toews knew she was operating outside of the terms of her licence at the time. The establishment has since been granted permission to offer “patron participation entertainment.”
The inspectors also took photos and videos as evidence that food service was not the primary focus on the night in question. There were limited food options on offer, menus given to patrons only included beverages, there was a separate cash bar where no food was available, no cutlery was provided, and there were “guests bringing their own chairs,” the decision said.
Toews told the branch that her goal was not to break the rules – and that she was unaware of some of them. Her aim, she said, was to provide a “safe and enjoyable atmosphere” in a “unique facility which is like a picnic area in a beautiful setting.”
Ultimately, the branch found enforcement action was required and opted to impose the $7,000 minimum fine for a first-time contravention.
“For a food primary, liquor sales are supposed to be secondary,” the decision said.
“On this evening, liquor sales appeared to be the primary purpose of the event, and so the licensee acted outside of its licence purpose. In so doing, it created an unfair advantage over liquor primary licensees licensed to put on these types of events.”
