The man behind the wheel of impaired driving legislation lent his ear to pub and restaurant owners in Nanaimo last week.
Rich Coleman, B.C. solicitor general and minister of public safety, faced more than 100 business owners and staff from across Vancouver Island who vented their frustration with impaired driving legislation brought into effect in September.
The legislation allows police to impose fines, driving prohibitions, and have vehicles towed if drivers blow over .05 mg/litre blood alcohol content.
Pub and restaurant owners told Coleman they have lost business since September and complained about heavy-handed enforcement by police.
“There probably was some frustration, but it certainly wasn’t an angry meeting,” Coleman said.
A series of presentations were made by representatives of the B.C. Restaurant and Food Services Association and the Alliance of Beverage Licensees of B.C., plus pub owners and staff who said they have felt the effects of cuts to employment hours and layoffs.
Coleman said the law has cut down on alcohol-related crashes, but has also sparked negative public perception, enforcement issues and unintended consequences, which need correcting.
“Everybody has to understand the entire package here is embedded in legislation, so there’s no quick fix where somebody can go and say, ‘well let’s go and amend a regulation,’” Coleman said. “The House has to sit to actually mitigate any of this stuff.”
Still, small changes have been made. All police breath analysis units in B.C. were recalibrated to ensure accuracy. Coleman said he also asked police not to tow vehicles of drivers receiving short-term driving prohibitions when it is safe to leave vehicles parked to avoid unnecessary towing costs.
Coleman said some of the changes he wants include giving drivers the right to challenge penalties from readings over .05, but below .08, in court, similar to how drivers now challenge traffic tickets. Police will also have to show breathalyzer readouts to drivers and advise drivers they are entitled to a second test from a separate machine.
But the public must be educated about the legislation too.
“We’re working with the various trade associations to come up with some advertising programs and education materials that they could put in their establishments to help patrons understand where variances are in regards to having a drink after work or having a drink at dinner,” he said.
Jim Hutt, owner of the Wheatsheaf Inn in Cedar, said this is the first time he has seen competing pub and restaurant owners band together and he came out of the meeting confident Coleman will take action.
“We walked away just enlightened and went, ‘Damn, this guy does understand,’ and he truly does,” Hutt said.
Hutt added the industry is the most unstable it has been in years and he worries a change in government could upset Coleman’s progress.
“The bottom line is, it needs to get done and it needs to get done soon because there are businesses that are actually closing their doors,” he said.
Marty Morelli, owner of the Quarterway Pub, said his business has fallen off as a result of the new legislation, the economy and the time of year.
“There are a bunch of contributing factors,” Morelli said. “I don’t think it’s just from the drinking and driving thing, but it’s definitely an issue. People are afraid to come in after work – that’s where I’m seeing it. The guy who comes in after work for one or two beers, they’re just not around like they used to be.”
Dean Gaudry, owner of the Windward Pub, said his business also dropped off after September.
He said it is unfortunate Coleman must wait until the spring session of the legislature, which began Monday, before the legislation can be revamped.
“I do think that by the time they get around to the legislature sitting, there will be some closures in this market and others,” Gaudry said.
