What a wild ride we're on!
We have a BC Supreme Court Hearing on April 7th, we are petitioning the court for the release information and documents denied us by the BC Liquor Control and Licensing for our defence of the seized whisky. In light of the pandemic this hearing may be postponed, we'll keep everyone notified as we move sloser.
It has just been learned that dogs cannot pass on the Corona Virus and that The World Health Organization has arranged for all quarantined dogs to be released. So now we know WHO let the dogs out.

On the serious side of things, we would like everyone to know what we are doing to protect our guests, staff and families as we navigate through the Covid-19 pandemic.
Interestingly, we have received no information or direction from our health inspector or the Fraser Health Authority during this crisis. Over the past couple of weeks, we have been working very closely with our staff, discussing additional ways to keep everybody safe and training everyone on our new policies. We have always taken our food safety policies very seriously and have expanded on them. We have developed our Health and Safety Policies and Procedures over the 33 years we have been operating and feel we should share them with our valued guests and friends.
As well as avoiding sick people and being ready to self-isolate, these are just a few of the policies we have in place to keep everyone safe.
1)   WASH YOUR HANDS!: (this cannot be said enough) wash your hands when arriving at Fets Whisky Kitchen, before work, when you get home, when you get off the bus, out of a cab, before and after using the bathroom, after shaking someone's hand and before and after you eat or prepare food. Wash your hands repeatedly throughout the day. It takes 20 seconds for the soap to breakdown the molecules of viruses before rinsing them off your hands

2)   Avoid touching your face

3)   Avoid shaking anyone's hand, if you do then go wash your hands, rather than shake hands; bow and curtsy it's safer. You don't know who's hand they just shook or what they recently touched

4)   Use paper towels to open bathroom doors, use coat sleeves to open public doors

5)   Carry Sani-Wipes and use them on grocery carts and baskets

6)   Push elevator and crosswalk buttons using the back of your hands or elbows

7)   Do not share drinks, cigarettes, e-cigarettes, joints or pipes

1)   Do not shake hands at work, this goes for staff and guests

2)   Installed more hand sanitizer stations

3)   Always use proper and safe food handling techniques in the kitchen and bar, and yes, we consider ice to be food and treat it as such

4)   Have strict sanitizing protocols for all fruits and vegetables

5)   Sani-Spray all surfaces every morning including all door handles, phones, computers and debit machines, this is also done throughout the day

6)   Sani-Spray the bathroom fixtures and stall door handles all day

7)   Sani-Spray our tables after they have been cleaned, before re-setting them for our next guests

8)   Removed the salt and pepper shakers from the tables and no longer use communal condiment containers

9)   Sani-Spray our food and drink menus covers daily

10)   Have a no cell phone policy on the floor and in the kitchen and have instructed our team members to Sani-Spray them before their shift so they are clean when they leave

11)   Have posted numerous WASH YOUR HANDS! notices throughout the restaurant to remind everyone

12)   No longer pack up leftovers for you, we will happily bring you a ToGo box upon request

13)   Only allow our cooks to wear kitchen specific clothes and hats, no street clothes are allowed to be worn by our cooks and no outside hats are permitted

14)   Sani-Spray all kitchen and storage surfaces every morning, throughout the day and again before we leave at night

15)   Sani-Spray all storage area coolers handles daily, and they are sprayed again after any deliveries are received 

16)   Sani-Spray all surfaces throughout the restaurant and bar every night before we leave

17)   WASH OUR HANDS!                                   
Let's all be Covid19 safe... Allura, Eric and our Staff

According to the anti-spam law, and as always, anyone not wanting to receive our newsletter, not sure why you wouldn't want to keep up to date with everything here at The Kitchen, you can opt out by using the un-subscribe link at the bottom of this email.  As well you can opt out here

To keep you up to date on the whisky plight; we have file notice and we are heading to the Supreme Court of British Columbia. 

"An injustice against one is an injustice against all."
On the morning of January 18, 2018 three liquor inspectors from the BC Liquor Control and Licencing Branch (BCLB) attended Fets in a rented U-Haul van, filled with empty boxes. They entered the premises, requested the attendance of the Vancouver Police Department, and after briefly interviewing one of the owners of the establishment, they seized (over a period of several hours) 242 bottles of Scotch whisky, all of one brand; The Scotch Malt Whisky Society. They did so without a search warrant, and they did not advise the owner that Fets was being investigated for an offence, for which she could be jailed if convicted.

Simultaneous raids were conducted in Victoria at  Little Jumbo and the  Union Club as well as  The Grand Hotel in Nanaimo. All 4 establishments were  Scotch Malt Whisky Society Partner Bars and the only whisky taken at each location were the SMWS bottles.

Believing the actions of the BCLB to be improper, Fets refused to accept the penalty imposed by the BCLB and requested a hearing. Fets requested documents related to the investigation and this was refused by the BCLB; a subsequent Freedom of Information request was heavily redacted and arrived after the submissions deadline. Finally, following the hearing, on June 6, 2019 a delegate of the General Manager of the BCLB (in other words, the same organization that laid the charges makes the decision on whether their actions were lawful) issued a 64 page written decision confirming their view that the actions of the liquor inspectors were lawful, and confirming the monetary penalty against Fets in the amount of $3,000. Fets applied, as required under the Act, to have the decision reconsidered. The BCLB upheld the original decision and therefore Fets has appealed the decision to the BC Supreme Court under a judicial review application.

The General Manager's decision, if not varied or rescinded, will set a dangerous precedent for all liquor licensees in British Columbia. In summary, the decision confirms as acceptable the following practices of the Branch and liquor inspectors:
· When a licensee is faced with enforcement action, the Branch only needs to disclose to it the documents that help it prove the contravention. It is not required to produce any other documents from its files that may assist the licensee in avoiding the contravention;
· The General Manager's delegate is not required to maintain an "open mind" during an enforcement hearing. It is acceptable for he or she to make up their mind at the very outset of the hearing, before evidence and submissions are made;
· Liquor inspectors who observe liquor that in their opinion is kept contrary to the Act, can return at any time without a search warrant to seize it;
· The Charter of Rights and Freedoms, which guarantees individuals the right to be free from unreasonable (warrantless) searches and the right to be informed of the potential for jail time, does not apply to the enforcement of British Columbia's liquor licensing regime; and
· Liquor inspectors can rely on the "mandatory cooperation" powers contained in s.42 of the Act to conscript evidence from licensees that may be used in a prosecution of an offence for which imprisonment is a potential penalty.
All licensees should take notice of this dangerous and potentially precedent setting decision. Although currently it is only Fets dealing with the fallout, soon it will be other bars, restaurants and LRS's who may face warrantless searches of their premises, and procedurally unfair hearings. British Columbians deserve better.

To date the costs fighting this exceed $40,000 and Fets is committed to an additional $30,000 to take this to the Supreme Court of British Columbia. These costs do not include the value of the Scotch Malt Whisky Society whiskies that were seized, those were valued, at the time of seizure, at more than $40,000, and all are irreplaceable. Fets is cautiously optimistic that the courts will side in Fets' favour, but the government, with unlimited resources, can appeal the ruling. All funds raised are going towards this fight and any additional or excess funds will be put towards our lobbying efforts to see the implementation of the recommendations Mark Hicken laid out in the 2018 Liquor review. We will pledge any other remaining funds to the BC Hospitality Foundation.

Thank you for your support and together we can hold the government accountable to the Charter and amend our province's archaic liquor laws.

If you wish to better understand how the decision could impact your establishment, or are interested in participating or assisting in a potential judicial review of the decision please contact our lawyer Dan Coles at  bcliquorlaw.com

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We still have the largest whisky selection in the country and have nearly a 1000 whiskies on our shelves.

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Thanks for your support and hope to see you soon