by Bobby O’Keefe
At the best of times, the Nova Scotia Liquor Corporation has a wonderful conflict to try and manage. It is all at once given the responsibility for both maximizing the profit returning to its shareholders – the taxpayers of Nova Scotia – and promoting social responsibility. Basically it has to get to people spend as much on alcohol in Nova Scotia as possible while drinking as little as possible.
While that conflict in and of itself is a wonderful example of why the regulation and sale of alcohol should be separate, it gets better. Take the case of Ross Harrington. Mr. Harrington runs a wine-making supply store in Halifax. Being in a suburban area surrounded by many apartment buildings with limited space, Mr. Harrington found that many of his store’s customers lacked the space in their apartments or condos to keep their equipment for making their own wine – a perfectly legal activity. So, frustrated with efforts to get the government to adopt rules in place in other provinces to allow “brew on premises” stores (BOPs), he allowed some of his customers to make their wine within the confines of his store. After a time, a complaint was filed and the NSLC had the police investigate and charges were filed.
I’m not suggesting that he should not have been charged for doing something illegal. Any true act of civil disobedience is done with a willingness to face the consequences of those actions. What transpired after those charges is where it gets interesting. Rather than being found guilty of allowing people to brew in his store, those charges were dropped. Instead, he was found guilty of having liquor for sale, because Nova Scotia’s legislation is so vague that anything that could possibly become alcohol with the addition of yeast is considered liquor. Yes, even a carton of milk would qualify. That was followed up with a requirement for all homebrew shops to get a license, for a fee, from the NSLC, because apparently, selling sugar and grape juice constitutes selling alcohol. Worse for Mr. Harrington, the province has refused to budge on allowing him to allow in-store brewing.
The NSLC has offered a variety of reasons for not allowing the change. One, that they’re “concerned about the ‘end use’ of onsite brewing products” (see the Chronicle Herald article here for the quote). I have to admit I have no idea what that even means, but presumably they’re worried about underage drinking or people selling their homemade product, both of which are illegal regardless and entirely separate from the issue of BOPs. Another, that they’re concerned about the impact on the province’s wine industry. However, nobody from the Wine Industry Association of Nova Scotia has ever made a peep about BOPs having an impact – because they know it’s not an issue. Ontario and British Columbia allow BOPs and have thriving wine industries. Those province’s winemakers know that more people making wine means more people with product knowledge and that can be a benefit rather than a drawback for their industry.
The real problem is there to there’s a clear conflict in the situation. While BOPs pose no real threat to sales of local wines, they do pose a small threat to low priced, high volume wines that are ultimately very profitable to the NSLC. So NSLC the regulator refuses to change the regulations for fear that NSLC the retailer will lose money. Is there any doubt that the regulations are going to favour their own revenue streams?