Route 19 Brewing found guilty of breaking one regulation after brewmaster's death

Route 19 Brewing in Inverness, N.S., has been found guilty of violating one liquor licensing regulation following the death of its brewmaster, but a penalty is still to be determined.

According to an autopsy, 48-year-old Dallas Lewis's blood alcohol level was more than three times the legal driving limit, meaning he was heavily intoxicated, when he fell off the company's roof and died in July 2023.

RCMP and the Nova Scotia Department of Labour both investigated, but both said it was an accident and no laws were broken.

The province's alcohol, gaming, fuel and tobacco division also investigated and alleged three administrative violations of liquor licensing regulations: allowing an employee to be intoxicated on the job, overserving someone and not having control of the premises.

The Nova Scotia Regulatory and Appeals Board, formerly the Utility and Review Board, held a hearing late last summer and issued a ruling Tuesday, saying the licensee had failed to control the premises.

It said that while Lewis was intoxicated, Route 19 Brewing and its staff had a reasonable and honest belief that he was not and that the line between when he was working the night of the accident and when he was not had been "blurred."

New hearing to be scheduled

The board said it will hold another hearing at some point to take submissions from lawyers on what the appropriate penalty should be.

In an emailed statement, the company said it will not comment until the review process is complete.

"The health and safety of our patrons, staff and community remains the utmost priority for Route 19 Brewing Inc.," the statement said.

"Following the decision of the Nova Scotia Regulatory and Appeals Board to accept further submissions in their review of our compliance with provincial liquor regulations, we will reserve all public comment on the matter pending the completion of the assessment and any forthcoming decisions."

During the hearing in September, Lewis was seen on the bar's security video pouring beers, which was against company policy, because he worked in the back, making and canning beer.

He was also seen dancing and staggering in the restaurant area and occasionally performing some work tasks, such as fixing the dishwasher and taking patrons on a tour of the brewery.

The company denied the charges, saying staff did not see any signs of intoxication in Lewis. Staff and the company also said Lewis had finished canning for the day and was no longer working.

In its ruling, the regulatory board said the company is guilty of failing to control the premises because Lewis was allowed to pour beers and conduct a public tour.

"The board is not satisfied on the evidence that the licensee took all reasonable steps to prevent the occurrence of this violation," it said.

The board also found the licensee had violated the regulation about allowing a person to be intoxicated on the premises.

But it said there was no evidence anyone had seen Lewis drink the beers he poured and the other employees "had the reasonable and honest belief that Mr. Lewis was not intoxicated, which established the licensee's due diligence defence to the offence."

It said it was "not convinced on a balance of probabilities" that Lewis had been drinking alcohol while on duty and that "the line between Mr. Lewis's role as the brewmaster and as a 'customer' of the restaurant after his daily work was finished was completely blurred by the privileges he was afforded while he was socializing at the restaurant."

Penalties range

The alcohol division had asked for a 60-day suspension of the company's liquor licence due to the three alleged infractions.

If the board had accepted that, it would have been the stiffest penalty handed out to a drinking establishment in Nova Scotia.

The maximum penalty for breaking liquor licensing regulations is closure of the business for 90 days. Most liquor licensing suspensions in Nova Scotia fall between two and 15 days.

The heaviest discipline handed out so far was last fall, when the Palace Cabaret, operating as the Halifax Alehouse, was ordered to close for 45 days after admitting guilt to charges under the Liquor Control Act in the 2022 death of Ryan Sawyer. He died in hospital after being found unconscious on the street in front of the bar.

The building that housed that bar has been closed and is set to be demolished, but that decision is under review.

Meanwhile, Lewis's widow, Erinn, is suing Route 19 Brewing and co-owner Wayne Gillis for negligence.

In their defence, the company and co-owner say Lewis's death was an accident and that they are not responsible.

That lawsuit is still before the courts.

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