Vancouver pub’s liquor license revoked for playing billiards

A Vancouver restaurant had its liquor license revoked for three days after an inspector caught customers playing pool, according to a regulator decision.

The alcohol and cannabis regulatory authority imposed the penalty on Monday, outlining the circumstances that led to the enforcement order being issued in October last year when the company breached the terms of its licence for the second time.

Johnnie Fox’s Irish Pub on Main Street has a primary food license, the ruling said. Establishments with these licenses are not allowed to offer “guest-participation entertainment” – activities such as darts or billiards that require patrons to leave their tables – unless their license has a special “endorsement,” the regulator said.

There was no dispute that three patrons were caught playing pool for “approximately five minutes, with the balls on the table and with cues” and that this activity was not permitted. However, a representative of the pub argued at a hearing that the business should not be penalised.

“The licensee did not permit guests to use the pool table and objects to compliance with the duty of care,” the decision states.

If the defence is proven on the balance of probabilities, it leads to the conclusion that no breach has occurred and therefore no sanctions are imposed.

“The licensee must not only establish procedures to identify and address problems, but also ensure that these procedures are consistently implemented and problems addressed,” the decision states. It is not enough to simply prove that the violation was not intentional.

In support of the defense, the regulator was told that the restaurant had taken steps to prevent pool playing after being fined $1,000 in August 2022 for allowing it.

These included covering the tables and informing staff that playing pool was no longer allowed. A representative of the pub also told the regulator that a sign reading “Do not touch” had been put up – although the decision notes that “the licensee has not published any photographs of the sign”.

At the hearing, the regulator was also informed that an important piece of equipment had been removed to further deter potential pool players.

“I heard from the supervisor that there were no cues available and that guests must have brought their own cues to play,” Nerys Poole wrote in the branch’s decision. “There is no evidence that staff did not notice this when guests were seated in the restaurant.”

Regardless of whether the restaurant took all of the steps it specified, the evidence presented at the hearing showed that pool was still being played.

“The use of the pool tables by guests occurred every few weeks or once a month. The staff had to constantly remind the guests that the license did not allow the use of the pool tables,” the decision states.

The regulator rejected the argument that the duty of care had been breached, arguing that the company could have taken additional steps – such as removing the balls or blocking the mechanism that allowed the balls to be released when coins were inserted.

“The licensee failed to exercise due care in establishing an appropriate system to prevent the use of the pool tables, nor did it take reasonable steps to ensure the effective operation of the system to prevent the infringement,” the decision states.

Finally, the regulator found that there was one thing the company could have done but did not do until after the incident in October 2023.

“The licensee argues that it demonstrated its compliance with the liquor regulations by removing the pool tables after the date of the violation,” the decision states.

“This objection ignores the fact that the licensee had the opportunity to do so in the 14 months prior to the second infringement.”

The restaurant also argued that a three-day closure was unnecessarily harsh under the circumstances, but this argument was also rejected. The closure is set to come into effect on July 5, 6 and 7.