The Administrative Tribunal of Quebec has just ruled in the dispute between a Montreal wine agency which also operated a refreshment bar and the Régie des alcools, des courses et des jeux du Québec (RACJ): Boires loses its license for good.
Posted at 12:35 p.m.
The story made headlines last year because Quebec, through the RACJ, questioned an interpretation of this new wine merchant-style business model that developed during the pandemic. In 2021, Boires opened a small establishment where you could sit down to have a coffee or a glass of wine, with a succinct menu, but which contained platters of charcuterie and other snacks to accompany the drink.
Last fall, the RACJ revoked his restaurant permit. Boires is an agency that represents winegrowers, but which also had a location on Saint-Laurent Boulevard in Montreal for the service. At this place dedicated to natural wines, fans could purchase individual bottles and even by the case to take away, provided they also purchased food prepared on site.
The Régie contested the business model of this establishment, emphasizing the fact that the sale of alcohol played a preponderant role and that of food, an extra role – certain customers buying a packet of nuts or popcorn for leave with several bottles.
According to her, this does not comply with the restaurant permit. Around 80% of Boires’ business volume comes from the sale of alcohol, it was estimated during the process.
What followed was a battle led by entrepreneur Charles Landreville, founder of the Boires agency, who notably wanted us to better understand his business model. The establishment also tried to change the obligation to consume a “meal” by “food” and for the merchant to be able to sell bottles of wine to take away at a different price from those consumed on site.
Essentially, Charles Landreville wanted to legitimize a new type of establishment centered on wine in this fight.
Experienced restaurateur and now winemaker David McMillan acted as an expert in this story, at the request of Boires, in order to better define the personality of a refreshment bar or even “a wine library”, in short, establishments where wine is the main character.
According to David McMillan, “When it comes to sales, it’s possible that a wine restaurant sells more wine than food. In some cases, the wine offering may be more predominant than the food offering in this type of restaurant, with an emphasis on the wine experience rather than traditional dining,” Mr. McMillan who nevertheless admitted during his appearance before the lawyers that Boires’ offer was “very basic”.
PHOTO DAVID BOILY, LA PRESSE ARCHIVES
David McMillan, experienced restaurateur and winemaker
In its initial decision, the Régie supported: the main activity of the establishment is not to prepare food, its permit is therefore not compliant.
During a first visit by the Régie in this matter, in November 2022, inspectors noted that the food card essentially offered popcorn and pickles. A subsequent visit showed that the offer had improved: almonds, chips, sandwiches, platters, canned seafood, olives.
The Court notes in the documents that it “does not understand that a wine-centric restaurant whose one of the characteristics is the pairing of food and wine can truly operate such a business between 12 p.m. and 7 p.m.” and notes that the price of wines by the glass does not appear anywhere on the menu.
The owner of Boires strongly contested this decision and regained his license a month later, while awaiting the decision of the Administrative Tribunal of Quebec. It is now done: the Court upholds the RACJ decision.
