Terry Halifax
Northern News Services

Inuvik (Nov 08/02) - Frosty's Pub will be closed for one week as a result of a licence suspension after over-serving alcohol to patrons.

Following a day-and-a-half of testimony and 17 witnesses, the suspension was handed down from the panel of five liquor inspectors from Hay River, Fort Smith, Yellowknife and Norman Wells.

Inuvik's liquor inspector during the complaints was Clarence Wood, who declined to sit on the panel due to what may have been "a perceived conflict of interest."

The suspension runs from Nov. 15 at 10 a.m. until Nov. 22 at 10:00 a.m.

The pub was served with four complaints stemming from incidents Feb. 21, Mar. 25, May 12 and Sept. 26. Frosty's pleaded guilty to two charges, was found guilty on one and not guilty on another.

Marcelle Marion, council for the NWT Department of Justice, sought a 13-week suspension in addition to fines for the three guilty verdicts.

Jim Brydon, council for Frosty's, argued that the fines and 13 weeks were excessive.

Following the verdict, Frosty's manager Ann Mae Fairley was relieved the penalty was not more.

'Could have been worse'

"I thought their decision was very fair," Fairley said. "It could have been much worse."

In addition to the suspension, Frosty's must also have its employees take a serving course, which she has no problem with and plans further measures to improve her service.

"I'm going to set up a meeting with the RCMP and see if there is something that I'm not doing right," she said. "I'll keep operating as I have, but just make sure everthing's a little bit tighter."

The RCMP have over 120 written inspections of Frosty's over the past two years of operations and Fairley said she wonders if the same scrutiny is being applied to other establishments.

"I've been in business for two years and these other bars have been in business for 20 years and they've never been charged," she said.

"Half the people I cut off over here, go over there to drink."

At the beginning of the hearing, Brydon tried to have all four counts thrown out based on the wording of the notices according to wording of the charge under a NWT Liquor Act subsection that states the charge will result in either suspension or cancellation of the liquor licence.

"It asks that the licence holder attend for a show cause hearing to suspend or cancel, but not both," Brydon said. "It does not give proper notice to the licensee."

Brydon argued that the same principle applies in court when the Crown decides to proceed by indictment or by summary conviction.

"The statute does not say it should or it may, it says it must be done this way. I can't make it any clearer," Brydon said.

After a brief recess, the board denied Brydon's application and said the licensee had sufficient time to inquire whether the license could be suspended or cancelled.

With RCMP Const. Craig Hubley giving testimony, Brydon recalled testimony from an earlier criminal case against a Frosty's employee who was charged from the same incident. Marion disputed the use of the previous testimony as the charge was against an employee of the pub.

Following the hearing, Brydon criticized the process the licensing board operates.

"I just don't understand the process, because I don't know what their objectives are," Brydon said. "If I were designing a system, this is not the one I would design."

"It seems to be a very punitive system, but it seems to lack the other side of that, which is encouraging good practice," he said.