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.