Jodie Lucas and Will Gemmell, owners of the Rusted Rake Farms, had their non-farm use application to the Agricultural Land Commission denied. — Michael Briones photo

Jodie Lucas and Will Gemmell, owners of the Rusted Rake Farms, had their non-farm use application to the Agricultural Land Commission denied. — Michael Briones photo

Popular Vancouver Island eatery closing after ALC rebuffs application for non-farm use

Rusted Rake Farm owners say 15 people to lose their jobs

Jodie Lucas tried hard to hold back the tears Friday, as she talked about the closing of popular Nanoose Bay eatery, the Rusted Rake Farm.

She and partner Will Gemmell were informed on Aug. 5 their application for non-farm use in the Agricultural Land Reserve land (to permit a restaurant and brewery) was denied by the Agricultural Land Commission.

They will shut down their business for good at the end of the day on Sunday, Sept. 8.

“It means 15 people have lost their jobs today,” said Lucas. “Staff who have committed themselves to us. A community loses this establishment. I lose my job. It’s heartbreaking.”

The property, a 7.2-hectare parcel, is located on 3106 Northwest Bay Rd., in Electoral Area E in the Regional District of Nanaimo. It has a restaurant but the owners also have other agricultural applications on the property as they raise barley and wheat, beef, mixed vegetables and fruits.

Lucas said they were expecting the non-farm use application to be rejected but were caught off-guard when their brewery permit was also denied. As the ALC requires farm-to-table eatery to have a brewery or a winery, they went on to build one on their property. But it was also rejected.

READ MORE: Concerned farmers speak up about legislative changes to ALR land

READ MORE: Island farmers concerned with Agricultural Land Reserve changes

READ MORE: Minister pledges better ALC rules after B.C. family’s housing plans spoiled

The issues began in October of 2017, when the ALC’s compliance and enforcement notified Lucas and Gemmell to cease their unauthorized non-farm use activity and required them to seek approval from the commission. The owners eventually applied for a permit to build a brewery and also to continue to operate the restaurant.

The process included RDN staff visiting the farm. They did not endorse the already erected building where the restaurant is located as it did not receive permits from the regional district prior to or after construction and operation.

In its conclusion, the ALC panel stated there is no suggestion that the provisions for a food and beverage service lounge or other food service applies to any other farm uses. The property is also not zoned for commercial use.

Gemmell said they have no intention of pursuing the matter any further. They’ve already invested approximately $300,000 in the restaurant and another $100,000 in the brewery.

“As far as the ALC is concerned, that would be another $1,500 application for them to scrutinize us, plus the local government scrutinizes us,” said Gemmell. “Do we want to go through all of that again after two years of dealing with this, and really have no future plans for our farm? It’s really taken a lot of wind out of our sails.”

Gemmell believes there something wrong with the ALC process when all they are trying to do is work on turning their farm into a successful business. He said it’s clearly evident they have an agricultural operation on their land.

“We don’t want to sell our produce in a front stand at the front of the property to compete with all the rest of the neighbours,” said Gemmell.

Nanoose Bay residents, who frequent the restaurant, are upset that they are losing a favourite food and coffee hangout.

“It’s a major centre in our community,” said Linda Enns. “It’s one of the best 10 places to go to in British Columbia. We like this farm-to-table stuff. We’re sad to see this close.”

Lyse Cantin said it’s beautiful to have a small restaurant like this in Nanoose Bay, providing them a relaxing venue where friends can meat for breakfast, lunch or dinner.

“We frequent the place,” said Cantin. “People are in tears when they learned that it is closing down.”

Parksville Qualicum Beach MLA Michelle Stilwell was critical of the ALR and the NDP government.

“Rather than simply closing down any business that doesn’t follow their strict rules to the letter, the ALC needs to take into account the unique context of applications and work with owners and farmers to reach a resolution that best serves the local community,” said Stilwell. “If the current government continues to stifle agricultural business, local farmers – and the British Columbians they serve – are going to be the ones paying the price.”

Michael.Briones@pqbnews.com

Like us on Facebook and follow us on Twitter 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. The University of Victoria says Williams has resigned effective immediately. (THE CANADIAN PRESS/Chad Hipolito)
University of Victoria women’s rowing coach resigns by mutual agreement

Lawsuit filed last summer accused Barney Williams of verbal abuse

Darrel McLeod won the Governor General’s Literary Award for Non-Fiction in 2018 for his first book, Mamaskatch: A Cree Coming of Age. His newly-released memoir, Peyakow: Reclaiming Cree Dignity, follows as a sequel. (Black Press Media file)
Critically acclaimed Sooke author releases new memoir

Peyakow follows as a sequel to Darrel McLeod’s first book, Mamaskatch: A Cree Coming of Age

Downed trees account for the majority of power outages, according to BC Hydro, which plans to spend more money on tree pruning and hazardous tree removal in coming years in the face of changing weather and growing patterns caused by climate change. (Photo courtesy of the City of Langford)
BC Hydro says safety guides tree removal policy

Crown corporation says it will work with property owners wherever possible

(Photo by Mojpe/Pixabay)
Canadian kids extracting record amount from Tooth Fairy

Our neighbours in the U.S. receive slightly less from Tooth Fairy visits

FILE – NDP Leader John Horgan, right, and local candidate Mike Farnworth greet one another with an elbow bump during a campaign stop in Coquitlam, B.C., on Friday, September 25, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. won’t be using random individual road stops to enforce travel rules: Safety Minister

Minister Mike Farnworth says travel checks only being considered at major highway junctions, ferry ports

FILE – Health-care workers wave to people clapping and yelling thank you to the frontline workers during the 7 p.m.-tribute outside the Lions Gate Hospital in North Vancouver, B.C. Wednesday, April 8, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. nurses issue plea for all to follow health orders as hospitalizations spike

Nurses worried about strain COVID-19 is having on hospital capacity, care

Former B.C. premier Christy Clark. (Black Press Media files)
Former B.C. premier to testify at money laundering hearing today

Attorney General David Eby has been added to the witness list as well

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. to table budget that’s expected to deal with COVID-19 pandemic and beyond

Robinson released a fiscal update last December that said the impact of the pandemic on B.C.’s economy was uncertain

Families of two of three workers killed in a train derailment near Field, B.C., in 2019 have filed lawsuits accusing Canadian Pacific of gross negligence. The derailment sent 99 grain cars and two locomotives off the tracks. THE CANADIAN PRESS/Jeff McIntosh
Families of workers killed in Field train derailment allege negligence in lawsuit

Lawsuits allege the workers weren’t provided a safe work environment

(New Westminster Police)
4 youth arrested after 30-person brawl in New Westminster leaves 1 seriously injured

Police are looking for witnesses who saw the incident take place

South Surrey’s Paul Cottrell, who works with the DFO, tows a grey whale out of Semiahmoo Bay Sunday. (Contributed photo)
Dead whale floating near White Rock towed to shore for necropsy

Animal has been dead since at least April 15

Wickaninnish (Clifford Atleo) plays the drum while singing the Nuu-chah-nulth song on the court steps in Vancouver In a picture from April 2018. Photo credit, Melody Charlie.
Five western Vancouver Island First Nations celebrate legal fishing victory

Court ruling confirms Nuu-chah-nulth fishing rights in case dating back to 2003

Most Read