A food truck operator was served a $7,000 penalty from the Liquor and Cannabis Regulation Branch (LCRB) for operating in contravention of a food primary establishment. 

Following an undercover investigation, the seasonal Scotch Creek food truck Be Teased and owner Sharon Toews received the fine relating to a live music event held on Aug. 17, 2024. LCRB general manager's delegate Paul Devine's report of the hearing for the contravention explained that two branch investigators attended that night due to "complaints of disturbances caused by noise and concerning the apparent state of intoxication of unruly patrons departing the facility."

In the course of the evening on Aug. 17, the investigators noted a number of infractions not in line with being a food primary establishment, including limited food available with two tacos included in the price of the ticket, and a menu listing only beverages. The premises were set up with a cash bar located under a tent and was not inside the main food service tent and, while the kitchen closed at 9:30 p.m., the sale of alcohol continued.  

Additionally, people were allowed to bring their own chairs into the facility, which suggested "insufficient seating to accommodate the patrons for a full meal service." 

Another significant contravention was the food truck's licence to operate didn't have a Patron Participation Entertainment (PPE) approval, which is required for a food service facility to offer options like dancing or karaoke. At the event, however, patrons were singing along and dancing in front of the stage and "actively participating in the entertainment provided by the band." Though Toews did tell the audience they couldn't dance, no efforts were made to actually stop them. 

Devine also pointed out that she was aware of the need for PPE for the event as she circulated a petition and asked patrons to sign it to help get that necessary approval. 

In her response, Toews said the two tacos provided to every customer was "a substantial meal," and the dancing and music "reflected a community spirit."

The report explained the licensee, Toews, could claim a defence if due diligence was taken in trying to prevent the contravention from happening, but in this case, it had not been done. 

As this is the first contravention for the business, the range of penalties is a seven- to 11-day licence suspension and/or a $7,000-$11,000 fine.

"Since the business of the licensee is closed for the season, I have determined that a $7,000 monetary penalty is appropriate," Devine concluded, adding that it has to be paid by April 30.