Homeowner fined after teens get drunk at party

Gary Kean
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CORNER BROOK — A man who hosted a party at which two teenage girls became intoxicated has been fined $450.

Timothy Brake, 27, didn’t specifically invite the two 15-year-old girls to his residence for the party, which took place Feb. 27, 2010, nor was there evidence presented during his trial that he actually provided the girls with the alcohol they consumed.

In rendering the conviction, Judge Wayne Gorman said Brake knew alcohol was being served at his residence during a party which would be attended by people under the legal drinking age of 19.

“No control or monitoring of who consumed the liquor was undertaken by Mr. Brake,” Gorman stated.

The judge said Brake effectively gave the two youth alcohol “because he facilitated and participated in the provisioning of liquor to them through the use of his residence.”

He noted there was no element of Brake profiting from the offence.

Gorman said this does not mean liquor cannot be served at a residence in which there are people under 19, nor does it mean the homeowner has a duty to monitor alcohol consumption.

“However, it does mean that you will have breached section 76 (1) of the Liquor Control Act if you allow your residence to be used as a location for an underage drinking party and a person less than 19 years of age at that party possesses liquor,” he said. While there was no joint submission on sentencing, both Crown attorney Ed Ring and defence lawyer Andrew May both suggested a $450 fine would be appropriate in the circumstances.

Geographic location: CORNER BROOK

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Recent comments

  • John Hickey
    January 11, 2013 - 07:28

    This was yet another very poor judgement on the part of Judge Roy Bean Gorman. I am against underage drinking and think it needs to be adequately addressed, but to go after a man who is throwing a party in his home just because a couple of girls show up half liquored to begin with is a travesty of justice... Seems to me that the cops were overzealous when answering a noise complaint, assuming that is why they were there to begin with.. As a host, the law can't compel someone to constantly keep a vigil and scrutinize every person arriving at the party. If the host can't celebrate because he's too busy watching out for underage drinkers, why even bother having the party in the first place ??? It's their parent's responsibility to curb their tendency to drink under age..

  • ryan
    January 09, 2013 - 17:43

    hay. justsayin.......when i was a teen my parents only thought they new where i was at....justsayin.....

  • ryan
    January 08, 2013 - 15:14

    its a joke justice

    • Citizen
      January 08, 2013 - 16:30

      Binge-drinking among kids is a serious problem in Corner Brook and other cities across the country. Kids will drink until they throw up, and it amazes me that in a city with ski trails, walking trails, as well as restaurants, coffee shops, and so forth, kids treat drinking as an activity.

  • justsayin
    January 08, 2013 - 10:34

    So, are the parents of those girls getting fined? Their kids are out, at some guys house drinking at a party and he's at fault? I think not..... those parents deserve a fine for not keeping better track of their teens. Its always someone else's fault........

  • EDfromRED
    January 08, 2013 - 06:41

    Just wait 3-4 years and the NL governments craving for Tax revenue will ensure these girls guzzle non-stop. At University there are more posters on the walls for beer & liquor, than for used books. Why no stories on the outrageous amounts of tax we pay here on all alcoholic beverages? Is the media afraid of NLC ad revenue being withheld?