Kelowna

Cush in jeopardy after liquor ruling

The part-owner of a new local restaurant says a liquor licence suspension could jeopardize her business.



Starting October 23, two days into the BreakOut Music festival, Cush Restaurant and Lounge will not be able to serve alcohol for 13 business days.



Crystal Gay says the decision is extremely harsh and the timing couldn't be worse.



“It blows my mind. It's unfair. Give us a chance to survive here,” says Gay, adding that cash flow will be severely impacted.



The ruling is in response to a visit from undercover inspectors in April, which found that Cush was in violation of their food primary licence.



On April 3, liquor inspectors entered the establishment for the second day in a row, and found the kitchen closed at 11:30 p.m., but liquor still being sold.



Gay says that the chef was feeling ill that evening and asked to leave early.



The manager, who did not fully understand the rules of a food primary licence, allowed the business to continue operating once the chef left.



Under the food primary licence, Cush's kitchen is to remain operational during business hours.



The Liquor Control and Licensing Branch report says inspectors observed eight patrons enter the establishment and all were served what appeared to be alcoholic beverages after the kitchen had closed.



The investigators also observed a band member, who is considered an employee, drink a bottle of beer while performing. That issue has been dealt with in the form of a $1,000 fine.



Management at the restaurant, which had been operational for two months at the time, admitted to the error.



“We feel that the punishment did not fit the crime. I feel that things are being done way too harshly, especially in this economy,” says Gay.



Gay, who has since gone over the terms and conditions of the licence with her employees and formally admitted the mistake to the Liquor Control and Licensing branch, says she is frustrated by the strict ruling.



“It just doesn't seem like its a positive way of doing things. It seems so extreme and harsh, the type of penalties they're handing out.”



During the ban, the chef will re-design the menu to emphasize the food primary licence, says Gay.



Last week the Habitat, also a BreakOut West venue, was barred from selling liquor for 25 business days.