Romer’s Burger Bar in Port Moody fined $7,000 after serving liquor to minor in sting operation
Romer’s Burger Bar in Port Moody has been issued a $7,000 fine after being caught serving liquor to a minor in a string operation.
Nerys Poole, a delegate with B.C.’s Liquor and Cannabis Regulation Branch (LCRB), handed down the decision on April 9, 2024. Although Poole accepted that it may have been a one-time mistake by the server, the owners did not prove their training regime and protocols were strong enough.
“Once a contravention like this occurs, for whatever reason, the onus then shifts to the licensee to demonstrate that it has trained its staff adequately, (that) the policies . . . demonstrate, despite all the good training a server may have received, the contravention occurred,” Poole said. “I find the licensee has failed to do so here.”
The restaurant was caught serving a beer to a minor employed by LCRB inspectors on Oct. 4, 2023. LCRB runs the Minors as Agents Program, which allows it to hire 16 to 18-year-olds to assist in conducting inspections of licensed establishments.
All businesses with liquor licenses are aware of the program, and Romer’s was one of several establishments to undergo an inspection on that date.
One inspector entered the restaurant during the evening and sat in a position to observe and hear the 17-year-old undercover agent order a drink.
At no time did the server or any other employee request ID from the minor, who left immediately after the drink was served.
The inspector took photos of the drink and informed the manager of the infraction which had just occurred, and requested Serving It Right certificates for both the server and the manager.
A contravention notice was sent to the licence holder the next day.
Extra Mile Hospitality, the owners of Romer’s Burger Bar did not dispute that a underaged minor was served liquor, but argued that its training procedures warranted leniency.
It was the first time the licence holder has been caught violating the Liquor Control and Licensing Act.
The general manager at the time of the incident and the server were both called as witnesses for Extra Mile Hospitality.
The manager provided testimony on the establishment’s training regime related to liquor regulations, including protocols around asking for ID, identifying fake IDs and serving limits.
According to the testimony, the manager claimed to have been upstairs and away when the incident occurred.
The server testified that failing to request an ID was completely out of character for her, and she was exhausted from school projects which had upcoming due dates.
Both testified that the server had been told to go home at the time of the incident, and had been cut from the shift and did not pick up any more tables.
Although the establishment provided a litany of training documents used when training new staff, Poole said she found the regime inadequate and confusing.
Although all servers had their Serving It Right certificates, that was a baseline requirement, according to Poole.
Poole found that training on ID policies was insufficient, with only one page in its orientation package related to the province’s liquor laws, and nothing about acceptable IDs, how to determine what might be fake ID, and assessing customers.
While other programs were discussed, the company’s answers were vague and no written documents were provided, according to Poole. Additionally, the server and manager gave different age-assessment thresholds for when ID needed to be requested.
Patrick Penner, Local Journalism Initiative Reporter, Tri-Cities Dispatch
