Clearwater council calls for provincial intervention in ongoing restaurant licensing dispute

CLEARWATER — The District of Clearwater has taken a years long dispute around food and liquor licensing at a local restaurant to the province.

52 Ridge Restaurant, which is run by Dean Clifford, a man previously associated to the Freeman on the Land movement who moved to Clearwater several years ago, remains open despite Interior Health ordering it to close some time ago.

Ken Matheson is a councillor for the District of Clearwater and is among those who have recently ramped up attention drawn to the licensing issue at the restaurant in the Clearwater Valley Resort campground.

“The restaurant, if I can call it a restaurant — it’s actually a place where an individual is serving food and liquor. It’s not actually a business — let’s just make that perfectly clear. It is not a business. They do not have any provincial health certificates, they do not have any sort of certificate for serving alcohol and it’s just done freely,” Matheson told CFJC across the road from the property on Thursday (Feb. 20).

The lack of licensing was the subject of a special council meeting several weeks ago. At that meeting, Clearwater’s mayor, council and district staff heard from residents and frustrated business owners who feel the compliance disparity is unfair. They also heard from Clifford and his supporters.

“Afterwards, they were met with emails from Dean (Clifford), the individual selling food and liquor here, with veiled threats of legal action against them, which causes further division, further fear in our community,” said Matheson.

While in Clearwater, CFJC spoke off record with Clifford, who declined an interview for this story.

The district says if 52 Ridge becomes compliant with licensing and permits, then there’s no issue. But if that doesn’t happen, the district wants to see the province step in with enforcement.

“It falls under the health (ministry) — particularly, Interior Health’s enforcement unit. There has been some headway with that. They have served injunctions on them to close the restaurant. That’s been issued by the Supreme Court,” explains Matheson. “Unfortunately, it’s not enforceable or actionable by the RCMP because it’s not an enforcement order, so [Interior Health has] gone back to the Supreme Court to get an enforcement order for the RCMP to act on.”

As for the absence of a liquor license, Matheson says in British Columbia, the Liquor Act only pertains to those who hold liquor licenses.

A statement to CFJC from the Ministry of Public Safety and Solicitor General says the Liquor and Cannabis Regulation Branch oversees licensed establishments. Once a license is cancelled, enforcement of unlawful liquor sales fall outside of the LCRB’s authority.

The statement goes on to clarify that ‘unlicensed liquor sales are an offence under the Liquor Control and Licensing Act, and are within the enforcement authority of police agencies.’

The ministry adds that while the LCRB doesn’t have the authority to investigate unlicensed establishments, it does work with law enforcement to support compliance with provincial liquor laws and to protect public safety.

But the longer this licensing dispute drags on, Matheson worries it will start to negatively impact perceptions of the area.

“Why would you put money into a business, get permits and everything else, and the guy next door to you is not doing anything? That is just a wrong perception for economic development,” states Matheson.