Ryan Sawyer and his twin brother Kyle at their parents’ home in Fall River, N.S. on Christmas Eve 2022. Later that night Ryan, 31, died after an altercation at the Halifax Alehouse. A bouncer, Alexander Levy, was charged with manslaughter and criminal negligence causing death.Contributed by the Sawyer family/Courtesy of family
A late-night Halifax bar that was the site of the alleged homicide of a patron after an altercation with a bouncer has been ordered to give up its liquor licence for 45 days and improve its surveillance over violations of laws on disorderly conduct.
The Nova Scotia Utility and Review Board, a provincial regulatory body, imposed the penalty on Tuesday against the Halifax Alehouse. The bar admitted for the first time that it violated liquor laws for failing to keep orderly control in relation to the alleged homicide and three other violent incidents involving patrons in 2022, and also not reporting to the regulator that police had laid a charge on its premises.
Ryan Sawyer, 31, was found unresponsive on the sidewalk outside the bar after a disturbance with a bouncer on Dec. 24, 2022. Nova Scotia has an unproclaimed law on the books around regulating security staff that successive governments have refused to bring into force. Advocates have told The Globe and Mail that this legislation could’ve saved Mr. Sawyer’s life.
The review board accepted a joint settlement agreement from Andrew MacLean, the province’s Alcohol, Gaming, Fuel and Tobacco Division acting director of investigation and enforcement, and Victor Goldberg, the bar’s lawyer.
“It is in line and actually more than the other suspensions issued by the board in events leading to a death,” said Roland Deveau, vice-chair of the Nova Scotia Utility and Review Board.
“The board is satisfied that the penalty and the conditions that are being imposed are reasonable and appropriate given the circumstances that arose in this matter.”
Mr. Goldberg said the joint settlement agreement arose as a result of significant discussion and negotiations between himself and his client and the province.
Alehouse bouncer Alexander Pishori Levy goes to trial on charges of manslaughter and criminal negligence next year. The Alehouse is also facing two civil suits in relation to Mr. Sawyer’s death.
On the night Mr. Sawyer died, the security guards employed to keep order in Nova Scotia bars – bouncers – had no training and licensing system in place, unlike in many other jurisdictions. A provincial act that might have protected Mr. Sawyer, drawn up in 2010, was supported by all three political parties in Nova Scotia, but was never brought into force. It would have introduced licensing, training and screening for bouncers.
Within weeks of Mr. Sawyer’s death, Nova Scotia’s Justice Department investigated why the law never went into effect. The Tim Houston government ultimately decided to follow previous governments and leave it in limbo. He did, however, impose less stringent restrictions through existing liquor-licensing legislation – a decision Mr. Sawyer’s parents, the Official Opposition and other advocates have criticized.
Mr. Houston, who called a snap election on Sunday and is running for a second term, told The Globe and Mail on Tuesday that he has no plans to proclaim this legislation.
“We continue to assess issues around security staff at licensed establishments,” his spokesperson, Catherine Klimek, said in an e-mail. She added that his Progressive Conservative government introduced criminal record checks and training requirements for security staff at late-night bars last year.
In the joint settlement agreement, the Alehouse admitted and accepted responsibility for violating liquor laws by permitting disorderly activity on or around its premises during four violent altercations in 2022, which include Mr. Sawyer’s alleged homicide. The establishment also admitted to failing to notify the licensing bureau about the police response to past incidents during an alleged assault on July 31, 2022, the board heard.
The 45-day liquor licence suspension must begin within the next 30 days. The board also ruled the Alehouse must update its video surveillance system; retain its video surveillance for at least 14 days; and that camera quality, quantity and position must be approved by the province.
During Tuesday’s hearing, Duane Eddy, lead counsel for the province’s alcohol and gaming division, said the alleged assaults, including the one that led to the death of a patron, were aggravating factors. He said he also took into account other cases – one at the Royal Canadian Legion in Stellarton, N.S., where a penalty of 30 days was imposed, and decisions in Ontario that ordered 55- and 60-day closings.
Earlier this year, The Globe and CBC successfully fought to keep the review board hearing public over the objections of counsel representing the province and the Alehouse.