Vancouver club's licence suspended for 'egregious' over-capacity NYE event

Step 3 of B.C.'s reopening plan, which includes the reopening of clubs and casinos at reduced capacities, is set to begin on July 1 at the earliest: (iStock)

A Vancouver nightclub has had its liquor licence suspended for seven days due to an "egregious' and "intentional" instance of exceeding capacity limits last New Year's Eve, a decision from the provincial regulator says.

Levels Nightclub will be unable to serve booze between the close of business on July 6 and the start of business on July 14 after the Liquor and Cannabis Regulation Branch determined that a fine would not be an adequate penalty in the circumstances – which were described as constituting "a very serious public safety situation."

The three-level club has a capacity of 449 patrons – 80 in the basement, 302 on the main floor, and 67 for the upper level, a June 17th decision from the branch notes.

On Dec. 31, 2023 – at about 20 minutes to midnight – two provincial inspectors and two Vancouver police officers arrived at the club to find 100 to 150 people lined up outside. When they entered the club, they were told there were 420 people inside. However, they also observed the main floor was "very busy with a large volume of patrons standing shoulder to shoulder with little room to maneuver," the decision says.

After conducting four counts of the people in the club, excluding staff, the inspectors averaged those totals.

"This average came to a total person count of 705 people which exceeded the 449 person count permitted by the Licence for the entire Establishment by 256 people, or 57 per cent," the decision says, noting that the manager told the inspectors "he did not wish to participate" in the count.

Typically, one of the inspectors told the branch, violations of occupancy limits are in the range of 20 per cent over capacity. In this case, the dance floor in particular was over capacity by more than 100 per cent.

"These figures clearly demonstrate an egregious breach of the rules and regulations," the decision says.

One of the inspectors told the general manager that due to the "extreme overcapacity," no one else would be allowed in, and 256 people would need to be removed.

"When the licensee’s security staff were advising people in line outside the establishment that no additional people would be permitted to enter the establishment, some of these people began to get confrontational with the licensee’s security staff, resulting in (one of the police officers) having to request additional Vancouver police officers to come to assist in controlling these people," the decision says.

The manager who was in charge on New Year's Eve, as well as the head doorman, are no longer employed at the club.

Representatives for the club told the branch that a seven-day suspension – which is the harshest penalty allowed in a case like this – was excessive, and urged them to consider a fine instead. However, the branch determined it would be possible "a monetary penalty would merely constitute a cost of doing business."

In support of the licence suspension, the branch said there had been an admission of a "similar contravention" on New Year's Eve in 2022. Additionally, after the inspectors left on Dec. 31, 2023 the general manager told a colleague "we’re gonna get shut down," which led the branch to determine the contravention of the rules was deliberate.

While the suspension is in effect, the club must display signage in a "prominent location" informing the public of the branch's decision.