NS brewery violated liquor licence regulation on night of worker’s death

Brewmaster fell off the roof of the brewery while intoxicated

NS brewery violated liquor licence regulation on night of worker’s death

The Nova Scotia Regulatory and Appeals Board has found Route 19 Brewing in Inverness violated a provincial liquor licensing regulation on the night its brewmaster died in July 2023, according to a report.

Lewis, 48, died after falling from the roof of the brewery on July 13, 2023. Dallas Lewis fell two storeys off the roof at Route 19 Brewing in Inverness, according to a CBC report. Co-workers found him on the ground next to the building late that evening, he was later pronounced dead at the nearby hospital.

An autopsy revealed his blood alcohol concentration was more than three times the legal limit for driving, indicating significant intoxication at the time of the incident, reported CBC.

The board ruled Tuesday that Route 19 Brewing failed to control the premises. During a hearing in September, security footage showed Lewis pouring beers, dancing, staggering, and performing occasional work duties such as repairing a dishwasher and giving a brewery tour, despite his official role being limited to brewing and canning beer in the back of the premises.

The board concluded that allowing Lewis to perform these activities amounted to a failure in oversight. “The board is not satisfied on the evidence that the licensee took all reasonable steps to prevent the occurrence of this violation,” it stated, as reported by CBC News.

However, the board dismissed the charge of overserving and accepted the company’s defence regarding the intoxication charge. It found that there was no evidence Lewis had been observed consuming alcohol while on duty and that staff had a “reasonable and honest belief” that he was not intoxicated.

The board noted the line between Lewis’s role as an employee and a social guest had been “completely blurred” by the privileges he was granted after work hours.

A new hearing will be scheduled to allow legal representatives to submit arguments regarding the appropriate penalty. The alcohol division had sought a 60-day suspension of Route 19’s liquor licence — which would have been the most severe sanction ever issued in the province. The maximum allowable penalty under Nova Scotia’s liquor laws is a 90-day suspension.

Route 19 Brewing has stated it will not comment publicly until the review process is complete. “The health and safety of our patrons, staff and community remains the utmost priority for Route 19 Brewing Inc.,” the company said in an emailed statement quoted by CBC.

In addition to the regulatory proceedings, Lewis’s widow, Erinn, is pursuing a civil lawsuit against Route 19 Brewing and co-owner Wayne Gillis, alleging negligence in her husband’s death. The company and Gillis have denied responsibility, asserting that the incident was a tragic accident.

The lawsuit remains before the courts.

While both the RCMP and the Nova Scotia Department of Labour investigated the death and determined it was accidental with no criminal or labour law violations, the province’s alcohol, gaming, fuel and tobacco division pursued administrative charges against Route 19 Brewing. The division alleged three liquor licence violations: allowing an employee to be intoxicated on the job, overserving, and failing to maintain control of the premises.