Arena goes to court to keep beer flowing

A sobering legal battle over the definition of "business day" threatens to shut down alcohol sales at SaveOn-Foods Memorial Centre hockey games and concerts next month, including one featuring singer Avril Lavigne.

But the arena's management says it's determined to keep the beer taps flowing, despite an order from liquor inspectors.

"This is an ongoing legal matter," said Dave Dakers, president of arena operator R.G. Sports and Entertainment, in a statement Wednesday. "We continue to vigorously defend ourselves in respect to these issues."

One element of the dispute centres on whether a business day is any day the arena is open, or only days on which it is hosting major events.

The alcohol showdown dates back to November 2007 when a Victoria police sergeant said he saw a 17-year-old minor taking a sip of beer from a plastic cup at a Salmon Kings hockey game.

Police determined four other minors at the game also drank beer. Arena security kicked out all of them.

The problem of minors drinking in the arena had been raised by liquor inspectors in a meeting with arena management in September of that year.

Because of the incident with minors, the Liquor Control and Licensing Branch ordered the arena to not sell alcohol for 10 days.

The arena appealed to the B.C. Supreme Court, which overturned the penalty and ordered a hearing. The suspension was upheld on Aug. 25.

Liquor branch hearing adjudicator Edward Owsianski ordered the arena to suspend alcohol sales, effective Sept. 30, 2011, for six business days during which there is a large event serving alcohol.

He determined the arena had already served four penalty days when it shut down sales at a home show during which alcohol is usually sold.

"Those six business days must be days during which the licensee is hosting a trade show, conference, convention, banquet or entertainment or sporting event during which liquor would normally be sold and served to patrons," Owsianski wrote.

The arena must submit its event schedule by Sept. 12 and the liquor branch will inform the arena on which days the prohibition will be imposed.

The first six events for October listed on the arena's website are:

- Oct. 1, Avril Lavigne concert;

- Oct. 6, Victoria Royals hockey game;

- Oct. 7, Royals game;

- Oct. 8, Moody Blues concert;

- Oct. 11, Rise Against concert;

- Oct. 13, Selena Gomez and The Scene concert.

Despite the no-alcohol order, arena patrons can expect drinks to be for sale for months to come, said Michael Mulligan, lawyer for the arena.

"The order almost certainly won't take effect as it will either be stayed by consent or, failing that, by the Court of Appeal," he said.

The arena is also going to court to argue what constitutes a business day.

The liquor branch's regulations defined business day as "a day on which the establishment is normally [open] for business" and under that definition the arena has already served the 10-day suspension, Mulligan said.

However, Owsianski ruled six of those days, when arena's concession was open from 11 a.m. to 2 p.m., were "ancillary" to the "business."

The liquor branch amended its regulations pertaining to the definition of "business day" in February 2011.

The battle that originated with a 17-year-old drinking in the arena could carry on for months if not years, Mulligan said.



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