A Â鶹´«Ã½Ó³»restaurant has been ordered closed for three days for allowing people to play pool when it did not have an endorsement on its licence to allow such an activity.
In her June 3 decision, Liquor and Cannabis Regulation Branch delegate Nerys Poole said Johnnie Fox’s, located on the city’s Main Street, has a primary food licence.
The branch alleged that on Oct. 20, 2023, the business was allowing “unauthorized patron participation entertainment” in the restaurant contrary to its licence.
Poole explained that under the primary licence, a restaurant may not provide games that could shift the focus away from food service. Such games could include darts, billiards and video arcade-style games, Poole said.
Three liquor inspectors went to the business on Oct. 20, 2023 and saw three patrons playing billiards on one of the two pool tables.
“The liquor inspectors looked up the floor plan on their phones and confirmed that the pool tables were located in the food primary licensed area,” Poole said. “They also checked the food primary licence for the restaurant to see if the licensee had a patron participation endorsement, which they did not.”
They met with a manager and said a notice of enforcement would be coming.
Poole heard the owner had earlier been wanting to change the licence or get rid of the tables. Poole also heard patrons would sometimes remove the table covers and start playing without staff knowing.
A branch advocate told Poole “the licensee failed to take adequate steps to remove the pool tables or at least remove the balls to prevent anyone using the pool tables.” The advocate also said staff training was inadequate regarding use of the tables.
This wasn't the first incident involving the pool tables, noted the ruling. The business had been fined $1,000 for an earlier 2020 instance and an inspection in 2023 found the tables still in use.
“Staff were constantly having to inform patrons that the licence did not permit use of the pool tables,” Poole heard.
Poole found there was a failure by management to deal with the situation.
“There was more the licensee’s management could have done to prevent the contravention here," Poole said. "I find that the licensee’s directions to its employees to keep the pool tables covered and closed was insufficient to prevent the contravention.
"The licensee had 14 months after the previous contravention to do more to ensure the licensee was not violating the term and condition of its licence," Poole said, adding the licensee could have removed the balls and blocked the mechanism for the release of the balls by disabling it.
“The $1,000 monetary penalty for the first contravention did not result in compliance,” Poole said. “Therefore, the imposition of a three-day suspension for this contravention is justified.”
The business was ordered closed for three days as of the close of business at midnight July 4, 2024.
