Services
JAY BLACKWELL
Owner, 18+ years industry experience
Jay Blackwell established Diligent Liquor Management in 2017 to aid liquor licensees with navigating British Columbia's liquor laws. With the introduction of cannabis being regulated by the LCRB, he provides experience and leadership in an ever-changing industry.
"Having been a liquor inspector in two provinces and responsible for running the Minor Agent Program (MAP), I thoroughly understand how the program operates and is executed. In the capacity of Regional Manager, I oversaw the compliance and enforcement program for one third of the province. I rounded out my employment with the British Columbia government as one of two Branch Advocates where I presented cases in administrative hearings before a hearing delegate."
LEGAL COMPLIANCE
There are numerous enforcement related concerns which can arise and together we will work to achieve compliance through a variety of tactics.
In British Columbia the Minor Agent Program is utilized to test the compliance of liquor and cannabis being sold to minors. This is a public safety contravention and one which government has established as a priority. Should liquor be sold to a minor, the licensee may be subjected to a monetary penalty of S7000 - $11,000 or a 7 - 11 day licence suspension. Hundreds of MAP inspections are completed annually and those who fail will be retested to ensure compliance.
Mistakes happen and agents are served on a regular basis. With an established and well documented due diligence program, licensees can argue they took reasonable steps to prevent contraventions. For those who have been previously found in contravention, now is the time to build your defence.
SITE VISITS
To better understand how your establishment operates, a site visit can be useful in identifying compliance gaps and helping to develop a training program. With ever-changing laws and a transient workforce, it's essential frontline staff, managers and licensees understand their responsibilities when working in the industry.
This coupled with in-house policies, signage and training manuals will begin to establish your due diligence defence. Our team has the regulatory field experience to conduct site assessments identifying risks specific to your establishment.
STAFF TRAINING
Following the site visit a tailored training program will be developed. This program will be specific to the licence type, your corporate structure and will be delivered to frontline staff as well as your management team. It is critical this training is reemphasized and documented regularly. Resources for documenting follow-up training with your staff will be provided.
Concise training will focus your staff on identifying and addressing incidents. Following this program, you and your managers will develop a team which provides responsible service. Executed correctly, this will establish the defence of due diligence.
REVIEWING DOCUMENTS
Should a contravention be identified in your establishment, we'll take the time to discuss your options. Previously as a Regional Manager, I reviewed Notices of Enforcement Action (NOEA) regularly. Determining the facts in issue is key to determining how to proceed and I specialize in this.
After reviewing the NOEA we can discuss options. The Branch will expect a response quickly and will arrange a pre-hearing conference call. At the time of this call the Branch Registrar will expect to know how you plan to proceed. Whether signing a waiver or contesting the alleged contravention, we can assist.
If you have completed the training and find yourself facing a contravention, now is the time to argue due diligence. Should you elect to attend a hearing with legal counsel, we will testify on your behalf, citing completion of the Diligent Management Due Diligence program. You may also choose to have us deliver the case before a hearing delegate and advocate on your behalf.