Court quashes liquor board

After two years and two court cases, Ken Achtymichuk still doesn't know if he's allowed to sell offsales from his Porter Creek convenience store. "I'm back to step one," the Heather's Snack Haven owner said.

After two years and two court cases, Ken Achtymichuk still doesn’t know if he’s allowed to sell offsales from his Porter Creek convenience store.

“I’m back to step one,” the Heather’s Snack Haven owner said. “Thousands of dollars in legal fees and I’m no farther ahead then when I started.”

In November 2009, Achtymichuk applied for two licences from the Yukon Liquor Board. One, called a “Food Primary” licence, allows him to sell alcohol to people eating at the small restaurant at the back of the store. The second allows him to sell offsales.

In January, 2010, the board approved the food primary licence, but not the one for offsales.

Achtymichuk filed a petition over the denial in Yukon Supreme Court in February 2010.

Eventually, out of court, the board agreed to an offsales licence, but pegged its hours to that of the food primary licence.

“I’ve got to keep my restaurant open until 11 o’clock at night,” said Achtymichuk. “I have to pay for a whole extra shift, like for a cook. It’s costing me money. You think I’m making money off these offsales? Absolutely not.

“I’m at their mercy. They get to dictate my hours and tell me how to run my business.”

Achtymichuk brought the case back to court, arguing that he had a right for his offsales licence to be set to different hours than the restaurant’s licence.

Yukon Justice Rene Foisy agreed.

On Nov. 30 – just over two years after Achtymichuk initially applied for the licences – Foisy issued his decision, giving no legal force to the board’s attempt to tie the hours of the two licenses.

“I have found the board erred in law,” the decision reads. “While the board is under no requirement to allow different hours, and indeed in the vast majority of cases may choose to require parallel hours, its failure to acknowledge that it has the discretion to differently regulate the petitioner’s offsales hours requires that this decision be quashed.”

Achtymichuk believes the board has it out for him.

Ever since a dispute with the Yukon Lottery Commission in 2009, the small businessowner said he’s been treated like a second-class citizen.

The two government companies share the same minister and, Achtymichuk would argue, the same playbook as well.

“They’re using the same tactics,” he said.

Achtymichuk raised charges of bad faith and discrimination during his court case, both of which Foisy said could not be proven.

But the judge could only make that call on the evidence provided to him, said Achtymichuk, pointing out the board’s lack of transparency and inconsistent and abbreviated publication of decisions on their website.

“He’s not looking at it all,” said Achtymichuk.

The small businessowner points out inconsistent conditions from the board’s decision on his primary food liquor licence and the printed licence it gave him to display on the premises.

He also notes that the board had three lawyers while he could barely afford one.

He accuses the board of stalling, forcing litigation and then “lawyering him to death.”

And the discrimination is clear, he said, mentioning Bailey’s Pub & Steakhouse that recently opened in the same Porter Creek strip mall.

Achtymichuk filed an objection to its liquor board application, just as the Kopper King and Casa Loma did when he applied.

But unlike Achtymichuk’s experience with the board, which has been going on for more than two years, his new competitor had its licences, including one for offsales,

approved within two months, he said.

“This is good-old-boys’ turf,” said Achtymichuk. “Obviously, the good old boys don’t want me to compete with them on their turf. It’s as simple and straightforward as that.”

And the saga isn’t over for Achtymichuk just yet.

The liquor board still has until Dec. 30 to appeal Foisy’s decision.

“I don’t know what type of Christmas present they’re going to drop off,” he said. “I’ve got thousands of dollars invested … I bought a brand new cooler. This is stressful.”

Contact Roxanne Stasyszyn at

roxannes@yukon-news.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Fourth person recovers from COVID-19

No new cases in the territory.

Wyatt’s World

John Hopkins-Hill News Reporter… Continue reading

New measures make previous COVID-19 orders enforceable

Violators could face a fine, up to six months in jail or both

Owner of Whitehorse home targeted in police raid wants more communication between cops, landlords

Marie-Pierre Leblanc Demers is the owner of 5051 Fifth Ave. in downtown Whitehorse

WYATT’S WORLD

Wyatt’s World

Carcross/Tagish First Nation postpones general election

Carcross/Tagish First Nation has postponed its general election for chief until further… Continue reading

Tr’ondëk Hwëch’in postpones election of chief

Tr’ondëk Hwëch’in has postponed its election for chief after all three candidates… Continue reading

Organizers continue to plan for Reckless Raven

Significant changes or eventual cancellation not ruled out

City readies for another food truck season

Physical distance will be encouraged

Comprehensive Review of HSS report extended 30 days

The Yukon government has given the independent expert panel, charged with the… Continue reading

Yukon government announces supports for businesses forced to cancel events, clarifies precautions for mining industry

Temporary funding program passed to help businesses and NGOs who lost money on cancelled events.

City hall, briefly

A look at decisions made by Whitehorse city council this week. Formalizing… Continue reading

Air North not informed by officials of COVID-19 case, president says

Joe Sparling says Air North learned via social media that passenger on flight had COVID-19

Most Read