Brewery license granted

by Doug Thompson

Opponents of a proposed micro-brewery on Thomas Farm Road have 30 days to appeal a decision granting an off-premises alcohol sales license to the establishment but have not yet decided on their next course of action.

Robert O’Neal, chief administrative hearing officer of the Virginia Alcoholic Beverage Control (ABC), ruled last week to grant the license to Shooting Creek Farm Brewery, dismissing the claim of some nearby residents who claimed the business would disrupt their quality of life and endanger users of the road.

Virginia ABC rules allow denial of a license if a case can be made that the sale of alcohol in a residential area would “substantially interfere with the peace and tranquility of the neighborhood.”

O’Neal, however, said the opponents had not made their case and that the brewery met the requirements for an ABC license. His ruling also requires the brewery to construct a commercial-grade entrance to the facility, relocating the entrance down the road from the home of Paul and Jean Lacoste, two opponents.

Brewery owner Brett Nichols said they will construct the new entrance but will wait to open until they see if their opponents appeal the decision.

O’Neal noted that two businesses currently exist on Thomas Farm Road: an upholstery shop and an organic farm operated by the owners of the microbrewery.  Those businesses had not disrupted life along the road. He also said that the microbrewery’s annual output of beer would not fill even part of a single tractor trailer, undercutting opponents’ claims that heavy trucks would make travel on the road dangerous.

The Virginia Department of Transportation conducted a traffic study on the road and said the anticipated traffic for the brewery would not provide a significant increase in traffic.

The dispute has split the dozen families that life along the short stretch of road near the Blue Ridge Parkway.  Four residents and a minister from a Baptist Church in Check opposed the microbrewery’s application for a license.  About half the residents along the road signed a petition supporting the brewery.

A Thomas Road resident who asked not to be identified said Rev. Warren Brown of Faith Baptist Church is pushing residents to continue their fight but added the decision is up to those who must pay the legal bills to appeal the decision to the full ABC board in Richmond.

ABC records show very few appeals are overturned by the full board.

Brown argues that the sale of alcohol would increase drunk driving on the road but O’Neal noted the license requested by the brewery was for “off-premises” and did not allow the sale of alcohol for consumption on site.

Opponents of alcohol-related sales often argue that such sales add to drunk driving related crashes near such establishments.

Virginia State Police records show that, in 2006, most accidents in Floyd County, including those involving alcohol, occurred on U.S. 221 and Virginia Route 8.  In most cases, the drinks were consumed at locations that serve alcohol on premises, including establishments in Roanoke and Montgomery counties.

The opponents also asked the Floyd County Board of Supervisors for support but the board declined to get involved.  The Floyd County Chamber of Commerce did go on record supporting the brewery’s efforts.

Indian Valley Supervisor Fred Gerald did offer his support to the opponents and attended the hearing in Roanoke last month but did not speak. Gerald told The Floyd Press he is opposed to any new ABC licenses in Floyd.

“I don’t think we need any more places that sell alcohol,” Gerald said.

Little River Supervisor Virgel Allen, whose district includes the brewery, has not taken a public stand on the issue.