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Halifax Alehouse faces Liquor Control Act infractions after December homicide

Click to play video: 'Global News at 6 Halifax: May 15'
Global News at 6 Halifax: May 15
WATCH: Global News at 6 Halifax from May 15, 2023 – May 15, 2023

The province has laid two infractions against the Halifax Alehouse, which is accused of violating Nova Scotia’s Liquor Control Act following an investigation by the Alcohol, Gaming, Fuel and Tobacco Division.

According to the division’s executive director, Jon Paul Landry, the investigation was opened after police notified them of an incident on Dec. 24, 2022.

Early that morning, officers found 31-year-old Ryan Michael Sawyer unresponsive on the ground near the Alehouse. He was transported to hospital, where he later died.

Police confirmed the death was a homicide, but have said little else. There were no updates to the homicide case as of Tuesday afternoon, according to a spokesperson for Halifax Regional Police.

Landry said that incident, along with others, prompted the investigation.

“Without getting too much into the particulars, there are several events that we are investigating that are part of the complete investigation, and we’re looking at the complete totality of all the incidents that we have,” he said.

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Landry could not comment on the specifics of the allegations, but said the Halifax Alehouse is accused of permitting activity that is detrimental to control of the premises and failing to report charges that were laid on or around the premises.

“The penalties there could range from conditions of licence, to suspension of licence, all the way to permanent removal of the licence,” he said.

Ryan Michael Sawyer, 31, was found unresponsive outside the Halifax Alehouse in the early morning hours of Dec. 24, 2022. He later died in hospital.
Ryan Michael Sawyer, 31, was found unresponsive outside the Halifax Alehouse in the early morning hours of Dec. 24, 2022. He later died in hospital. DignityMemorial.com

Landry said the matter will go to the Nova Scotia Utility and Review Board. After the infractions are heard, he said the licensee will have the opportunity to agree to a statement of facts and a penalty.

If they don’t agree, there will be a hearing before the board to determine next steps.

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“To the outside observer, it would look just like a provincial court hearing,” said Landry. “There’d be witnesses, there’d be counsel, there would be a prosecution side, and there’d be the defence side. They’d get to present both their cases.”

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Landry noted the alleged infractions are regulatory and not criminal, and thus would not have an impact on the police homicide investigation or other legal proceedings related to the Halifax Alehouse.

Paul Allen, executive director of the Nova Scotia Utility and Review Board, confirmed the matter has not yet come before the board.

“I don’t have anything to indicate the timeline. It depends on the negotiations, if I can call it that, between the enforcement group — Service Nova Scotia — and the liquor licence holder,” he said.

Alehouse owners Michel and Marcel Khoury could not be reached for comment Tuesday.

Bouncers under scrutiny

While police have not named a suspect and little has been confirmed about the homicide, in recent months a video and a complaint have raised questions about the conduct of bouncers at the Halifax Alehouse.

On Dec. 25, the day after the homicide, a resident who lives in the area filed a liquor licensing complaint against the Alehouse pursuant to Section 29 of Nova Scotia’s Liquor Control Act, alleging the establishment is interfering with the quiet enjoyment of neighbouring properties.

“I have been a resident of Downtown Halifax for the last nine years and as long as I can remember, the security staff (bouncers) at the Halifax Alehouse … have been overly eager to resort to violence,” said the complaint, provided anonymously to Global News.

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As well, a short video clip sent to Global News in January, which appears to have been taken outside of the Halifax Alehouse, appears to show a man in a black baseball cap holding another man in a chokehold.

Two other people, including a man wearing a black jacket with “security” emblazoned on the back, appeared to also be restraining the man. Another person could be seen lying on the ground beside him. Global News could not independently confirm the date the video was taken.

CBC News has also reported that a witness saw a security guard put a man in a chokehold that night before police arrived.

The Halifax Alehouse is seen on Jan. 14, 2023. Alex Cooke/Global News

Two bouncers at the Halifax Alehouse are also facing assault charges in relation to a separate incident at the bar on Oct. 10, 2022. The complainant alleges he was assaulted by staff members outside the bar.

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Alexander Pishori Levy and Matthew Brenton Day pleaded not guilty to assault in March. A pre-trial conference is scheduled for Sept. 14, and the trial is scheduled to take place from April 30 to May 2, 2024.

As well, a civil suit was been filed against the Halifax Alehouse after an alleged assault in August 2022. The suit alleges the bar’s bouncers badly beat a patron on Aug. 14, leaving him with physical and mental trauma.

Neither of these cases has been proven in court.

New bouncer regulations

In a recent move, the Province of Nova Scotia announced that security staff who work at late-night bars must undergo a criminal record check and security training.

The province said in a release Friday that security staff who work at late-night bars, which are classified as Class A Cabarets, will have to take an approved security training course by July 1 in order to work.

They will also need to provide a criminal record check “on request” and complete a responsible beverage service training program.

As well, at least one manager or supervisor who has completed both training programs and has a valid criminal record check will need to be on-site during open hours.

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The new rules only apply to a handful of bars classified as cabarets. The province said they are considered “higher risk” because they are open until 3:30 a.m. and “focus on primarily serving alcohol.”

The cabarets include The Dome/Level 8 Night Club & Lounge, HFX Sports Bar & Grill/The Alehouse, and the Toothy Moose — all in downtown Halifax.  The Capri Cabaret in Sydney is also affected.

Cabarets that are found to be in violation of these new licensing requirements could have their liquor licence suspended.

— with files from Global News’ Rebecca Lau

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