A Victoria restaurant has been fined $7,000 for serving a beer to a minor, the B.C. Liquor and Cannabis Regulation Branch (LCRB) decided this week.
The incident occurred on June 11, 2025 at the Fifth Street Bar & Woodfire Grill at 1028 Hillside Avenue, when when a liquor inspector and a minor, hired through the liquor branch’s “Minors as Agents Program,” visited the pub.
The liquor inspector testified that they entered the restaurant separately, shortly after 4:45 p.m.
After the minor was seated, they ordered a Budweiser beer. Once the drink was delivered to the table, the minor left and the liquor inspector told the server what had happened and paid for the bill.
‘Due diligence’ test
According to court records, the inspector claims, the server brought over the drinks without asking to verify government identification.
The general manager of the restaurant says they did not see the service take place, but did not dispute what happened. Instead they claimed a defence of “due diligence” to avoid paying the fine.
To establish a defence of due diligence, a restaurant must pass two tests, according to the LCRB. One is to show that they have adequate training and rules in place for staff, and the other is to demonstrate they have procedures that ensure the rules are being followed on an ongoing basis.
In the first test of due diligence, the the Woodfired Grill had a written Policy and Procedure Handbook covering “employment issues including payroll policies, attendance, vacation, and dress codes,” says court documents.
It also referenced the pub’s Responsible Beverage Program including asking for government-issued ID from anyone under the age of 25 and avoiding over service of alcohol.
There is a space for employees to sign the document, acknowledging they’ve read and understood the information.
The minor involved was 16 years of age, and hired by the inspector through the Minor as Agents Program (MAP).
Regarding the handbook on liquor service policies, Devine says “There is no evidence however that this Handbook was signed or understood by the server involved in the MAP sale to the minor agent.”
The decision
Before giving his decision on Tuesday, Feb. 24, 2026, LCRB Delegate Paul Devine acknowledged the pub did have “evidence of extensive training and supervision of new staff on liquor service policies including the avoidance of the sale of liquor to underage patrons.”
However, he noted discrepancies in the policies.
“There is a contradiction between the ages under which ID should be requested as set out in the two policies,” said Devine.
The general manager said this is being addressed and argued it was “not a factor in the contravention made by the server in this case,” according to court records.
“While this may be true, there is no real evidence as to why the server in question made the error of serving liquor to the minor agent. She apparently did not offer an explanation when she spoke with the general manager,” said Devine.
He also noted there was little evidence staff members were “directly involved in ongoing training or in staff meetings where liquor service issues are discussed.”
In the end, Devine decided “the licensee has not demonstrated that it has taken reasonable steps to ensure the continuing effective application of the education contained in the Policy Manual and in the operation of its systems to prevent the contravention which occurred on June 11, 2025.”
Since the pub’s due diligence defence failed, this the Woodfired Grill has been issued a $7,000 fine which must be paid by Mar. 24, 2026.
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–With files from Adam Chan