Halifax Alehouse Liquor Control Act case should be confidential, lawyer says

The lawyer representing a downtown Halifax bar facing liquor control act charges after a patron died last year is arguing the matter should be kept confidential.

Nova Scotia's Alcohol, Gaming, Fuel and Tobacco Division launched an investigation into the Halifax Alehouse following Ryan Sawyer's death in December.

The investigation covered several incidents throughout 2022 involving the bar and its staff, a spokesperson for the division told CBC News in May. 

The Alehouse allegedly allowed activity that's "detrimental to the order of the control of the premises" and did not report criminal charges laid in relation to an incident on or around its property, the spokesperson said.

Documents released by the Nova Scotia Utility and Review Board show the lawyer representing the Alehouse asked at a preliminary hearing last month for all evidence to be kept confidential and upcoming hearings to be closed to the public.

Evidence made public in the hearing could prejudice the Halifax Alehouse and former staff in ongoing court cases, Victor Goldberg argues.

Goldberg does not represent the accused in any of the other matters. 

Bouncers charged, bar facing lawsuit

Two former Halifax Alehouse security guards are currently facing charges related to two different incidents involving patrons. The court cases are separate from the Utility and Review Board hearings.

Alex Levy, 37, was charged last month with manslaughter and criminal negligence causing death in relation to Sawyer's death. 

Levy and Matthew Day, 33, are also facing assault charges related to an incident two months prior to Sawyer's death. Both have pleaded not guilty. 

None of the charges have been tested in court.

Meanwhile, the Alehouse is facing a civil lawsuit in connection to a third incident last year. 

In a statement of claim, a patron accuses Alehouse security guards of attacking him on Aug. 14, 2022, leaving him with serious injuries.

Unusual request

The lawyer for the Alcohol, Gaming, Fuel and Tobacco Division agreed the request for confidentiality was reasonable, documents say, but the Utility and Review Board believes the matter is of public interest.

The board noted "the unique nature of the confidentiality request" at last month's preliminary hearing, documents show.

It gave the parties until Thursday to submit arguments for or against the request. The board has until the end of the month to reply to the submissions.

Paul Allen, executive director of the board, declined to be interviewed but told CBC News that such a request for confidentiality is unusual.

The board could take disciplinary action against the Halifax Alehouse such as suspending or revoking its liquor licence, or forcing the owner to sell the business.