Yellowknife (Mar 17/04) - John Simpson has participated in dozens of disciplinary hearings during his six years on the NWT Liquor Licensing Board but for him, one incident stands out above the rest.

On Dec. 10, 2002, the Caribou Bar in Hay River was brought before the board on several charges of allowing drunkenness on the premises.

It's easy to find a drunk person in any bar on any night. According to Liquor Licensing Board chair John Simpson, the board wants to focus on those who are so drunk they present a danger to themselves and others. - NNSL photo illustration

In one of the cases, an inspector reportedly spotted an 80-year-old woman passed out at a table, laying in a pool of her own vomit. The bar had just closed and staff were busy cleaning up for the night.

"I couldn't believe what I was hearing," said Simpson, now chair of the Liquor Licensing Board. "There was just a total disregard for the danger of the situation."

The Caribou was slapped with a 30-day closure and a $5,000 fine. More importantly, the case served as a poignant reminder of the dangers of alcohol abuse and the importance of regulating what happens in places with liquor licenses, Simpson said.

"The simple reality is that people can die from drinking too much. It's our responsibility to make sure that doesn't happen."

It's a job that comes with its share of criticism.

The board has been assailed by the media, politicians, social groups and the hospitality industry for being both too lenient and too strict.

Despite the flak, Simpson says the six-person board -- an eclectic mix of business people, civil servants and retirees -- is committed to tackling the issue of substance abuse in the NWT.

"We're not against people having fun," says Simpson. "We're against people getting intoxicated to the point that they become a danger to themselves and others."

Unfairly criticized

While Simpson believes a lot of the criticism they get is unfair, he admits the board could be doing more to combat things like over-serving and overcrowding in bars.

"We can't tackle the entire issue of substance abuse ourselves," he said.

"We're prepared to do our part but the government and social groups also need to help."

Part of that includes cracking down on bars with a history of liquor act violations, Simpson said.

Last month, the board imposed an 18-day closure on the Right Spot Bar and Grill following its third violation in the last two years.

While the suspension was criticized as overly harsh by bar owners, it wasn't out of line with what goes on in other jurisdictions, Simpson noted.

In Ontario, for example, more than 100 bars were closed for at least 14 days during a single month last year.

The board has also come under fire from the hospitality industry for the roughly 2,000 inspections its employees carry out every year.

"If the bars aren't in violation of the Liquor Act, then it shouldn't matter how many times we inspect them," said a defiant Simpson.

The board recently commissioned a survey of inspection rates in the NWT and found they weren't out of line with what happens in other provinces and territories.

So called "problem establishments" -- bars with multiple violations on their records -- are inspected up to twice a week.

Overcrowding is

a serious issue

The board is also determined to put an end to overcrowding in bars, Simpson said, adding that the board wants to avoid a disaster such as those that occurred at night clubs Chicago and Rhode Island last year, where hundreds of people were killed.

"(Overcrowding is) perhaps the single most serious violation of the act," Simpson said.

"Lives are put at risk by overcrowding."

Another thing Simpson would like to see is increased training and pay for liquor board inspectors.

Right now they receive a training course through the board. Inspectors are paid $25 per inspection but are not compensated for the time it takes to testify before the board.

"They're busy and they have lives and jobs, so it's only fair that they be paid for coming before the board," said Simpson.

Some suggest the relatively infrequent nature of charges -- less than 15 are typically laid annually despite roughly 7,000 inspections performed by liquor board employees and the RCMP -- is related to the fact that inspectors aren't paid beyond the initial inspection.

But Simpson said the real reason is that inspectors are advised to use discretion when it comes to handing out tickets.

"People often say to me that you can find a drunk person in any bar any night of the week," said Simpson.

"But that's not what we're overly concerned with. We're worried about the people who are so drunk they're a danger to themselves and others."

In addition to revamping its internal policies, Simpson said the board would like to see the NWT's Liquor Act completely rewritten.

Separation needed

The document, revised in 1988, technically gives the board the authority to prosecute and judge cases that come before it.

But during the last several years, the board has tried to distance itself from its enforcement wing, insisting that members enter a hearing without any prior knowledge of the circumstances surrounding a particular charge.

"We shouldn't be both prosecutor and judge," Simpson explained.

The Act has several other outdated sections, including a provision that requires police to ask permission from the Minister of Justice before they arrest anyone on a charge of public intoxication.

It is rare that anyone is arrested on those charges as RCMP policy stresses rehabilitation rather than incarceration, according to Sgt. Steve McVarnock.

Instead drunks are usually held in cells overnight and released once they sober up.

"We would end up charging the same people over and over again. There isn't much value in that," McVarnock said.

Tough week

Simpson said his most difficult time on the board came two weeks ago when members were thrust into the spotlight during a series of high profile hearings in Yellowknife.

In one case, a charge against the Top Knight, which is partly owned by former MLA Gordon Wray, was dropped by the Department of Justice amid accusations of potential favouritism.

The board also found itself in the middle of a maelstrom the next day when the Crown reached a plea bargain with Le Frolic after the restaurant was accused of allowing drunkenness on the premises.

According to an agreed statement of facts, a male customer fell backwards and hit his head while trying to put on his coat.

After the hearing, witnesses to the incident -- who weren't required to testify because of the plea agreement -- told board members the man had been drunk for several hours and was slumped over at his table, on the verge of passing out.

"I wish we had known about that," Simpson said. "But we can only judge what comes before us."

Simpson, who owns his own consulting firm in Yellowknife, smiled when asked why he puts himself through the endless criticism.

"I feel like I have a civic duty to try and improve the situation as much as I can," he said.

"We still have a lot of work to do."

How much do NWT

residents drink?

Current drinkers surveyed - 23,747

More than once a week - 25.3%

Once a week - 18.3%

Less than once a week - 55.9%

Five or more drinks - 34.1%

3 or 4 drinks - 25.5%

1 or 2 drinks - 39.5%

Gold Range hearing Friday

The Liquor Licensing Board will meet March 19, 9 a.m. at the Explorer Hotel to hear evidence in a case against the Gold Range Hotel. The Gold Range was charged with allowing drunkenness.

SOURCE: 2002 NWT Alcohol Drug Survey