Food truck operator in the BC Interior fined $7K for not abiding by liquor licence

A Shuswap food truck operator has been fined several thousand dollars for operating outside her liquor licence.

According to a decision from the provincial Liquor and Cannabis Regulation Branch (LCRB), the contravention happened during an AC/DC tribute band performance in August 2024.

The decision said ​​Sharon Toews is the owner of the food truck Be Teased, which is located in Scotch Creek, and has a food primary licence.

That means she is authorized to sell alcohol between 9 am and midnight but the focus of her operation needs to be around serving food.

An investigation into the business was launched after “complaints of disturbances caused by noise and concerning the apparent state of intoxication of unruly patrons departing the facility.”

Two investigators attended the food truck’s location in a “covert” operation, the decision said.

The decision said the two investigators arrived at the location at 7 pm where they were given wristbands to identify them as being over 19, which is "inconsistent with a facility engaged primarily in food service,” the decision noted.

Investigators noted that they had to find their own seats, there was no hostess, people were allowed to bring their own chairs into the facility, there was no cutlery or napkins or condiments on tables, which suggested the facility was not set up for meal service, and the menus provided only showed alcoholic and non-alcoholic drinks for sale, not food.

A server advised that the only good available was tacos and ice cream from the food truck.

The decisions said that at about 8 pm, the licensee got up on stage to advise people they were short-staffed and a cash bar had been set up, which the LCRB said was not consistent with the food primary liquor license.

Investigators noted that there were games set up outside of the concert area and contributed to shifting the focus away from the service of food.

“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,” the decision noted.

“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.”

To allow for dancing, licence holders need to have a patron participation endorsement, which the food truck owner did not.

Investigators said the “the licensee acted outside of its licence purpose.”

According to the decision, the licensee later obtained the patron participation endorsement but did not have it on the night of the tribute band concert.

The licensee submitted to the LCRB that she was not aware of the amount of previous complaints but believed it was only one neighbour. She noted that she was short-staffed that night after student employees went back to school so the wristbands were an easier way of identifying people over 19.

Additionally, she said her goal was not to break the rules but to provide “a safe and enjoyable atmosphere” in a “unique facility which is like a picnic area in a beautiful setting.”

However, the LCRB decided to fine the food truck operator.

“For this contravention, a $7000 monetary penalty was proposed. The monetary penalty fell within the range payable for a first contravention of this type,” the LCRB decision said.