A Vancouver bar owner convicted of sexually assaulting a woman at his business has filed a challenge of government orders suspending his operations and cancelling his liquor licence.
Lawyer Daniel Coles filed Leo Chow’s petition to B.C. Supreme Court on May 12.
The petition asks the court to quash an April 29 Liquor and Cannabis Regulation Branch (LCRB) decision cancelling Chow’s licence and refusing a transfer. It also seeks declarations that order was unreasonable and procedurally unfair.
The petition said Chow will be appealing his conviction.
The Ministry of Public Safety and Solicitor General handles branch media issues.
"When the LCRB was initially informed of the alleged charges by the VPD, enforcement action was taken immediately. This included the suspension of [the] liquor licence and the closure of the establishment for 14 days," the ministry told Glacier Media in a statement.
The ministry said the LCRB will respond to Chow's petition through the appropriate legal processes.
The conviction
Vancouver's Brickhouse Late Nite Bistro and Bar, called Brickhouse at Hogan’s Alley in the petition, was the scene of a series of events that led to owner Chih Hwa Leo Chow's conviction.
On Dec. 23, Vancouver Provincial Court Judge Gregory Rideout convicted Chih Hwa Leo Chow, then 66, of sexually assaulting a 21-year-old at the Brickhouse Late Nite Bistro and Bar in 2022 when she and her mother, a friend of Chow’s, stopped by.
Chow testified that the woman had initiated sexual activity which he had believed to be consensual.
Rideout found the woman did not consent to having sexual contact with him.
The judge said when the woman confronted Chow and said he had sexually assaulted her and she was a lesbian, he testified he felt “stunned, anger, hurt and wow.” He said he felt betrayed as he had treated the woman “properly.”
“I find the only betrayal committed that evening at the Brickhouse was the accused’s violation of the physical integrity and sexual autonomy of the complainant,” Rideout said. “By no standard was she ever treated ‘properly’ by the accused.”
Rideout concluded the daughter did not consent to the sexual behaviour.
“I find the accused’s evidence of the sexual encounters with the complaint to be bizarre,” Rideout said in his Dec. 23 decision.
In the petition, Chow said he has retained lawyers to appeal that conviction.
As a result of a court information sworn Feb. 14, Chow now faces further charges of sexual assault, unlawful confinement and administering or causing a person to take a drug.
Those offences allegedly took place Jan. 6-7, 2024. They have not been proven in court.
The petition
The petition said the Brickhouse had been in continual operation for 34 years and “enjoyed an unblemished record of compliance with provincial liquor laws.”
The petition said the branch issued a notice suspending his licence while criminal proceedings were ongoing.
“The notice contained limited factual detail and appeared to rely heavily on information from the Vancouver Police Department, without independent verification,” the petition said.
Chow asserted the notice “reflects a predetermined intention to cancel the licence.”
A month later, the branch prohibited Chow from being on the premises when the bar was open.
Chow claims the branch's actions have caused him significant loss and damage.
“As a result of the suspension, the imposition of restrictive licence conditions, and now the cancellation of the licence, Mr. Chow has been unable to work at his own establishment since February 2024,” the petition said.
“He has lost his primary source of income, including gratuities earned as the bartender, and has been forced to hire and train new staff to cover the duties he previously performed," the petition said.
Chow further asserts the cancellation of the licence without the ability to transfer it deprives him of the opportunity to sell the business.
“The safety of the public is not enhanced by denying Mr. Chow the ability to sell the Brickhouse, and transfer the licence, to a third party who is agreeable to the branch,” the petition said.
The ministry
The ministry said the issue is one of public safety.
It said the LCRB was made aware that the licensee of Brickhouse was convicted of sexual assault for the 2022 incident and is facing charges for a second alleged sexual assault in 2024.
“In both cases, the confirmed and alleged offences occurred in connection with the licensed premises, raising serious concerns for public safety and the responsible operation of the establishment,” the ministry said.
It said ensuring public safety within establishments that serve alcohol is of paramount importance to the LCRB.
“In this case, the LCRB worked closely with the VPD to address the situation and prevent further harm,” the ministry said. “In response to the concerns, the LCRB took action to cancel the establishment’s liquor licence, with the deputy general manager issuing formal notification of the licence cancellation.”
