Nova Scotia’s alcohol regulator is sounding the alarm over the excessive serving of alcohol in bars and the lack of control of bars on premises, which can lead to serious consequences.

Jonpaul Landry, executive director of the provincial liquor, gaming, fuel and tobacco division, said in many cases staff lacked understanding and appreciation of their role in distributing what can be a deadly product.

Most recently in the news, Route 19 Brewing in Inverness, Nova Scotia is facing a possible license suspension after brewmaster Dallas Lewis fell from the brewery’s roof last year and died.

The facility is not facing any criminal charges or violations of workplace safety laws.

The brewery and restaurant were charged with administrative violations of liquor licensing regulations for allowing an employee to be intoxicated at work, overserving an intoxicated person and not not have control of the premises.

The Nova Scotia Public Service and Review Commission is expected to rule on the charges sometime next year.

Also in Inverness, the Royal Canadian Legion lost its license for 14 days after a customer was served four beers and the equivalent of 20 one-ounce glasses of alcohol on an April 2019 afternoon , according to disciplinary decisions published on the alcohol regulator’s website.

The boss, Daniel Walker, was driven home after leaving the Legion, fell down some stairs and died.

Landry said there are three other cases in the last five years involving bar-related deaths that are currently under investigation by the Division of Alcohol and Gaming.

He could not comment on details because no administrative charges have been filed and the defendants are currently in court on criminal charges.

In the most recent case, Jason Caines pleaded not guilty manslaughter after allegedly killing Keith McMullen outside the Ashby Legion in Sydney earlier this year.

Additionally, Adam Drake is charged with first degree murder in the death of Pat Stay, who was stabbed outside a bar then called Yacht Club Social in downtown Halifax in September 2022.

Later that year, Ryan Sawyer was found unconscious outside the Halifax Alehouse and died, leading to charges of manslaughter and criminal negligence causing the death of bouncer Alexander Levy.

Landry said the regulator was seeking and obtaining longer license suspensions for bars and increased staff training to counter the problem of overconsumption of alcohol.

However, the administrative sanctions provided for by the regulations on alcohol licenses are not accompanied by fines or prison sentences. The Division of Alcohol and Gaming can only suspend or cancel a license.

“With the increasing severity of non-compliance we are seeing, we were looking for tougher penalties,” Landry said.

“We now have 14 (and) 15 day suspensions, which might not have yielded as much before.”

Landry also said the province has expanded its training requirements for bar staff.

From now on, all staff must have training

Previously, training of licensees and their delegates – often managers – was a condition of obtaining a liquor license.

In August, the province made it mandatory for all staffincluding bartenders, servers and security.

Wayne MacKay, professor emeritus at Dalhousie University’s Schulich School of Law, said increased training requirements and tougher administrative penalties — particularly for employees and licensees — could have the same effect than criminalizing excessive alcohol consumption.

But he said deterrence could be improved if at least one civil case proved negligence, which would further penalize the licensee and its employees.

“Perhaps an increased reliance on negligence cases could be one more way to highlight the seriousness of the problem,” MacKay said.

Launch of the Route 19 trial

The only problem is that someone has to hire lawyers and try it in court, he said.

The widow of Route 19 brewmaster Dallas Lewis has filed a lawsuit against the company and one of its executives.

“Sometimes you win, sometimes you don’t, so that’s the downside, but if there are certain cases, even if there aren’t many, they can set a standard that people are then aware of and which hopefully causes people to be more careful about what they do,” MacKay said.

With five deaths in five years, it appears the current approach is not enough, he said.

“I think there’s still room for improvement, otherwise this kind of problem wouldn’t be getting as bad as it is and I guess while we’re improving awareness and education, we’re not really keeping up accountability in a way that really makes a difference and might deter people from misbehaving in the future.”

Natasha Chestnut, executive director of the Restaurant Association of Nova Scotia, said the industry is adopting new mandatory training to help all staff recognize the signs of intoxication and provide ways to mitigate them.

She said no one wants customers to die.

“It’s unfortunate. We definitely don’t want to see that,” Chestnut said.

“We want a thriving food and beverage industry in Nova Scotia and part of that means creating a safe industry and a safe place for people.”

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