What is the legal test for the authority of a local authority to enforce a ban on the sale and consumption of alcohol?

The issue comes down to the question phrased by Wilson J. in City of Kamloops v. Nielsen, 1984 CanLII 21 (SCC), [1984] 2 S.C.R. 2, referring to: "statutes conferring powers but leaving the scale on which they are to be exercised to the discretion of the local authority". She held: "Here there will be an option to the local authority whether or not to do the thing authorized. If it elects to do it and does it negligently, then the policy decision having been made, there is a duty at the operational level to use due care in giving effect to it."

In Just v. The Queen in Right of British Columbia (1989), 1989 CanLII 16 (SCC), 64 D.L.R. (4th) 689 (S.C.C.) at 705, Cory J. said this: The need for distinguishing between governmental policy decision and its implementation is thus clear. True policy decisions should be exempt from tortious claims so that governments are not restricted in making decisions based upon social, political or economical factors. However, the implementation of those decisions may well be subject to claims in tort. At p. 706: The duty of care should apply to a public authority unless there is a valid basis for exclusion. A true policy decision undertaken by a government agency constitutes such a valid basis for exclusion.