B.C. liquor laws need to keep up with the times, says brewery owner after closure of kids' play area

Not long ago, those who wanted to have a beer at Old Yale Brewing, a 10,000-square-foot restaurant and brewery in downtown Abbotsford, could bring along their kids, who could play in a designated area while their parents drink and dine.

"It's just great to be able to have a spot where we can have dinner and not have to worry about the kids feeling entertained or being a nuisance to other guests there," said Zach Van Leeuwen, the restaurant's managing partner.

But the Little Explorers Corner, which included a small table and chairs, a books section and miniature cabin, was ordered shut on June 13 by the B.C. Liquor and Cannabis Regulation Branch (LCRB), who said the play area was advertising to children.

And while its owners complied, dismantling the Little Explorers Corner — they say they want the restaurant and brewery to remain open — they are now calling for the province to change those rules, as the play area had been convenient for customers.

According to a provincial liquor regulation, a facility with a liquor primary licence (LP) — such as Old Yale Brewing — cannot be directed at or be frequented predominantly by minors.

The LP applies to businesses that primarily sell liquor, such as breweries and bars, as well as any establishment that wishes to serve liquor as an additional service, such as spas and galleries. 

Old Yale Brewing are LP holders, but they have a family service term and condition that allows children to accompany adults in the restaurant.

Danielle Hyrcha, a manager at Old Yale Brewing, said they tried explaining to the liquor inspector that the area does not market to children, but that they built it for parents who happened to bring their children along — and wanted a place to keep them entertained — while they enjoyed a meal and a beer. 

The restaurant requires children to be accompanied by an adult while in the restaurant.

"We just wanted to make it a kid-friendly place so that parents felt welcome bringing their children if they needed to," said Hyrcha.

But in a statement to CBC News, the B.C. Ministry of Public Safety said a dedicated area for minors is not authorized by the licence, as it could lead to more minors frequenting a restaurant whose primary product is alcohol. 

The provincial government says children are generally not allowed in liquor-primary establishments, but places that also offer family dining are able to permit them. Minors are welcome until 10 p.m., and only as long as they're accompanied by a guardian.

Van Leeuwen said the regulation needs to be updated. 

"A lot of these rules were created long ago and the world is changing quickly."

Re-thinking breweries, safe drinking around minors 

Old Yale Brewing is one of many family-friendly breweries in B.C. that allow children on the premises if they're accompanied by guardians, despite the licence not permitting a dedicated play area.

Bert Hick, CEO of the liquor licence consulting firm Rising Tide, said he is opposed to the order to shut down the Little Explorers Corner.

He said the LCRB needs to modernize its perspective on minors in establishments that serve liquor, and that regulations should focus on ensuring minors don't have access to alcohol, rather than minimizing their presence in breweries. 

"Sometimes I think B.C. stands for 'Before Christ' when it comes to liquor licences," Hick said.

Hick said restaurants and sporting events allow alcohol to be consumed in the presence of minors, and the leeway should be extended to breweries. 

He noted liquor regulations in B.C. are evolving in other areas: some municipalities now permit drinking at some public parks and beaches, including the City of Vancouver, which expanded has its public drinking pilot project. 

"We go to restaurants with babies and minors where they see people drinking alcohol products. They go to hockey games. Obviously the kids are not drinking and [a play area] is not a threatening space."

Hick added safe drinking around minors is enforceable and it's a matter of ensuring staff are trained to prevent minors from consuming alcohol.

Van Leeuwen said Old Yale Brewing's staff are well trained to prevent alcohol-related incidents among minors. 

After they closed the Little Explorers Corner, he said customers sent messages expressing disappointment over the order. 

"People support this type of [family-friendly brewery] environment, this type of restaurant, this type of operation," said Van Leeuwen.

"What we created [with the Little Explorers Corner] was really special and we did it in the right ways. I think we can feel really proud about that. Moving forward, if we can be part of the solution, we're definitely open to doing that."