KITCHENER – A regulator is monitoring a Cambridge bar that served alcohol to a customer before he killed a man in a car crash.
Jason Fach, 38, was under the influence of alcohol even before drinking over 80 ounces of beer in about 90 minutes at the St. Louis Bar & Grill on the night of November 6, 2019.
Minutes after Fach left the bar, his SUV crashed head-on into a car in Cambridge, killing Kenneth Scott, 67, of Puslinch Lake.
The Alcohol and Gaming Commission of Ontario (AGCO), in an email this week in response to questions from The Record, said it was monitoring licensed establishments’ compliance with the Liquor License Act.
“There have been six completed inspections at this establishment since January 1, 2020,” the agency said. “No violation was found.”
Fach had almost three times the legal amount of alcohol in his blood at the time of the accident. He pleaded guilty to impaired driving causing death and was sentenced last year to six years in prison.
A director of a numbered company that owns St. Louis Bar & Grill in Cambridge pleaded guilty last month on behalf of the company to two offenses under the Liquor License Act of November 6, 2019: authorization from the drunkenness in a licensed establishment and authorization to sell alcohol to a person who was or appeared to be impaired.
The sentence is set for next week. The Crown has previously said it is seeking a fine of $ 50,000; defense attorney Cooper Lord seeks a fine of $ 10,000 to $ 25,000.
“AGCO has followed the court’s decision and will take appropriate regulatory action upon conviction,” the agency said. “This is to ensure that no regulatory action by AGCO affects or interferes with the matter. “
The agency’s sanctions can include a warning, a fine, a temporary suspension of the liquor license, or a license revocation.
A toxicologist estimated that Fach had 70 to 125 milligrams of alcohol per 100 milliliters of blood when he arrived at the St. Louis Bar & Grill at 5:14 p.m., Crown Attorney Benjamin Schnell said at the court hearing. where the company pleaded guilty. The legal driving limit is 80 milligrams.
CCTV showed Fach was showing “many signs of intoxication throughout his time at the bar,” Schnell said.
“He couldn’t put on or take off his jacket and he couldn’t put his wallet in his back pocket.”
Fach was unsteady on his feet and tripped over his server while paying the bill.
Staff made no effort to make sure Fach was not driving when he left, Schnell said.
Fach’s main server later admitted that she had missed the signs of Fach’s disability and she agreed, based on the CCTV, that he should have been cut.
The waiter said the restaurant was quite busy and the staff “could have used some extra help” although the bar did not recognize that it was understaffed.