N.S. alcohol enforcer calls for 50-day liquor licence suspension in Route 19 Brewing death

Nova Scotia's alcohol enforcer and a craft brewery and restaurant in Inverness, Cape Breton, are far apart when it comes to the suggested penalty for contravening a liquor licensing regulation on the night the company's brewmaster died.

Dallas Lewis died in 2023 after getting drunk and falling off the roof at Route 19 Brewing.

The medical examiner said his blood-alcohol level was three times the legal limit for driving.

The RCMP and the Department of Labour both investigated, but no criminal charges were laid.

The company was charged with three administrative counts under the province's liquor licensing regulations and, after a hearing in 2024, was found guilty of one count earlier this year.

In a decision in May, the Regulatory and Appeals Board said Route 19 failed to maintain control of the premises on the night Lewis died.

Longest suspension in history

In documents filed with the board, Nova Scotia's alcohol and gaming division said breaking that regulation was the root cause of Lewis's death and the brewery and restaurant's liquor licence should be suspended for 50 days.

If approved, that would be the longest suspension in the province's history.

Evidence from the hearing "proves that it is more probable than not that if Mr. Lewis did not have unfettered access to the roof after consuming alcohol, then Mr. Lewis would not have fallen from Route 19's roof after becoming intoxicated," the alcohol and gaming division said.

In a written response to the board, Route 19 said its infraction was not deliberate and was a first-time offence.

The company said three days would be reasonable.

The violation, while founded, occurred in a context that does not warrant a severe penalty.- Route 19 Brewing

"The licensee respectfully submits that the violation, while founded, occurred in a context that does not warrant a severe penalty," Route 19 said, adding a 50-day suspension "constitutes an excessively harsh penalty that is disproportionate to the nature of the allegation and [is] unsupported by Nova Scotia cases in liquor disciplinary matters."

The company also said since the brewmaster's death, it has taken steps to ensure it complies with regulations by restricting access to the brewery after working hours, defining the brewmaster's tasks and hours, adding policies to clarify operations for staff and beefing up surveillance cameras to monitor entrances and exits.

The alcohol and gaming division said if any new infractions are alleged in the future, the new policies and procedures may be relevant, but they were implemented after the 2023 incident and should not be considered mitigating factors in any penalty.

An online list of provincial liquor licensing infractions shows most convictions result in a licence suspension of between one and 15 days.

90 days to decide

The Palace Cabaret, also known as the Halifax Alehouse, was handed a 45-day suspension last year after the death of Ryan Sawyer in 2022.

The Royal Canadian Legion Branch 132 in Inverness was given a 14-day suspension in 2020 after a patron was served 15 drinks in five hours, went home, fell down the stairs and died.

The regulatory board has 90 days — until Oct. 9 — to decide on the final penalty.

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