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Due to the high volume of policy changes currently underway, we are no longer
updating the Licensing Policy Manual as each new policy directive is issued. This will
be done once the Liquor Policy Review has concluded.
For information on all policy changes since February 2014, please refer to the policy
directive on the Resources page of our website.
Liquor Control and Licensing Branch
Licensing Policy Manual
Last Update – January 2014
LCLB207
Licensing Policy Manual – Update Summary
Date
January
2014
December
2013
October
2013
June 2013
May 2013
April 2013
March 2013
Update Description
Updated Section & Page
Licensing Process
Consideration of tied house circumstances
Tied house exemption for small and medium volume
manufacturers
Section 3
3.2.5 ............................... 8
Licensing Process
Applications for licence renewal received more than thirty days
after expiry date
Section 3
Licensing Process
Consideration of tied house circumstances
Section 3
3.2.5 ............................ 7-8
Liquor Service and Sales
Stadiums
Section 7
7.7 ................................ 14
UBrew/UVin [New section]
Section 18
Liquor Service and Sales
Stadiums
Section 7
7.7 ................................ 14
Manufacturer Licenses
Manufacturer Licence
Section 17
17.2 ................................ 1
Hours of Operation
Conditions for staff parties
Temporary suspension of a licence for staff party
Temporary suspension of a food primary licence for a special
event
Temporary suspension of a liquor primary licence for a special
event
Alternate use of food primary establishments
Alternate Use for Catered Events
Alternate use of liquor primary and liquor primary club licensed
establishments prior to licensed hours
Alternate use of liquor primary licensed and liquor primary club
establishments during licensed hours
Section 5
5.2.2 ............................... 7
5.2.3 ............................... 7
Catering Licences and Catering Endorsements
Introduction
Catering Endorsement Eligibility
Examples of Businesses Ineligible for a Catering Endorsement
Venue
Catered Events Held On-site
Section 14
14.0 ................................ 1
14.2.2 ............................. 3
14.2.9 ............................. 5
14.8.2 ........................... 13
14.8.2.1 ........................ 13
Catering Licences and Catering Endorsements
Introduction
Section 14
14.0 ................................ 1
Licensing Process
Limitation on temporary changes to a licence
Section 3
3.5.14 ........................... 33
Liquor Service and Sales
Application of licence amendment policy in permanent
changes to capacity
Section 7
Updated with new tied house, trade practice and
Update Summary
Page 1
3.2.5.1 ............................ 9
3.7.5 ............................. 35
5.2.4 ............................... 7
5.2.5 ............................... 8
5.3.2 ............................... 9
5.3.3 ............................... 9
5.3.4 ............................. 10
5.3.5 ............................. 10
6.3.3 ............................... 6
Licensing Policy Manual – Update Summary
February
2013
manufacturer endorsement policy.
Various
Catering Licences and Catering Endorsements
Business Relationship with Event Host
Section 14
14.4.2 ............................. 6
General Information
Licence Categories
Section 2
2.2 .................................. 8
Licensing Process
Notice to a local government or First Nation of an application
to permanently amend a liquor primary licence or
manufacturer lounge or special event area endorsement
Section 3
Business Ownership and Changes to a Licence
Management contracts with third parties
Section 4
4.5.5 ............................. 14
Hours of Operation
Alternate Use for Catered Events
Section 5
5.3.3 ............................... 9
Premises
Application of licence amendment policy in temporary or
permanent changes to capacity
Section 6
Liquor Service and Sales
Place of off premises sales within the licensed establishment
Section 7
7.6.5 ............................. 10
Management and Control of a Licensed Establishment
Full exemptions from training requirement
Section 8
8.4.2 ............................. 10
Advertising and Signage
Nature of the information provided
Section 13
13.1.1 ............................. 1
Licensee Retail Stores
Relocations
Section 15
15.2.2 ............................. 2
Sections that have been rewritten:
 Minors
 Entertainment
Section 10
Section 11
Sections that have been added:
 Catering Licenses and Catering Endorsements
 Licensee Retail Stores
 Wine Stores
Section 14
Section 15
Section 16
Update Summary
Page 2
3.5.1 ............................. 28
6.3.3 ............................... 6
Liquor Licensing Policy Manual
Table of Contents
SECTION 1: Introduction ........................................................................................................ 1
SECTION 2: General Information ........................................................................................... 1
2.0
Introduction .................................................................................................................. 1
2.1
Operating Environment ................................................................................................ 1
2.2
Licence Categories ...................................................................................................... 5
SECTION 3: Licensing Process .............................................................................................. 1
3.0
Introduction .................................................................................................................. 1
3.1
Stage 1: Application for a New Licence ........................................................................ 1
3.2
Stage 2: Applicant Eligibility Assessment ..................................................................... 4
3.3
Stage 3: Site and Community Assessment ................................................................ 12
3.4
Stage 4: Building Assessment and Issue of a Licence ............................................... 18
3.5
Licence Amendments ................................................................................................ 29
3.6
Re-Application ........................................................................................................... 33
3.7
Licence Renewals ...................................................................................................... 34
SECTION 4: Business Ownership and Changes to a Licence ............................................. 1
4.0
Introduction .................................................................................................................. 1
4.1
Change Approval Authority .......................................................................................... 1
4.2
Legal Name/Internal Ownership Changes.................................................................... 5
4.3
Change in Ownership or Sale of a Licensed Establishment ......................................... 8
4.4
Relocation of a Licensed Establishment..................................................................... 10
4.5
Valid Interest in an Establishment .............................................................................. 13
4.6.
Dormant Liquor Primary Licences .............................................................................. 14
SECTION 5: Hours of Operation ............................................................................................. 1
5.0
Introduction .................................................................................................................. 1
5.1
Hours of Sale ............................................................................................................... 1
5.2
Special Events ............................................................................................................. 6
5.3
Alternate Use ............................................................................................................... 8
SECTION 6: Premises ............................................................................................................. 1
6.0
Introduction .................................................................................................................. 1
6.1
Posting of Licence and Access to Approved Plans ...................................................... 1
6.2
Structural Alterations.................................................................................................... 2
6.3
Capacity....................................................................................................................... 4
6.4
Outdoor Patios ............................................................................................................. 6
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6.5
Adjoining Licensed and Unlicensed Areas ................................................................... 8
6.6
Restaurant Lounges .................................................................................................. 11
6.7
Restaurant Operating Details and Furnishings ........................................................... 12
SECTION 7: Liquor Service and Sales ................................................................................... 1
7.0
Introduction .................................................................................................................. 1
7.1
Type of Liquor Sold ...................................................................................................... 1
7.2
Ordering Liquor ............................................................................................................ 2
7.3
Pricing ......................................................................................................................... 3
7.4
Dispensers and Drink Sizes ......................................................................................... 5
7.5
Replacement of Faulty Keg or Spoiled Product by Brewer’s Agent .............................. 7
7.6
Off-Premises Sales ...................................................................................................... 8
7.7
Special Conditions ..................................................................................................... 10
7.8
Sacramental Wine ..................................................................................................... 23
SECTION 8: Management and Control of a Licensed Establishment .................................. 1
8.0
Introduction .................................................................................................................. 1
8.1
General Consumption .................................................................................................. 1
8.2
Consumption by Employees ........................................................................................ 4
8.3
Management of Patron Conduct .................................................................................. 5
8.4
Serving It Right Program .............................................................................................. 7
SECTION 9: Food Service ....................................................................................................... 1
9.0
Introduction .................................................................................................................. 1
9.1
General Conditions ...................................................................................................... 1
SECTION 10: Minors ............................................................................................................... 1
10.0
Introduction .................................................................................................................. 1
10.1
General Conditions ...................................................................................................... 1
10.2
Minors as Employees and Entertainers ........................................................................ 3
10.3
Minors in Licensed Establishments .............................................................................. 4
SECTION 11: Entertainment ................................................................................................... 1
11.0
Introduction .................................................................................................................. 1
11.1
General Conditions ...................................................................................................... 1
11.2
Audio, Film, Video and Television ................................................................................ 3
11.3
Contests and Tournaments .......................................................................................... 4
11.4
Gaming (gambling) ...................................................................................................... 5
11.5
Adult Entertainment ..................................................................................................... 5
11.6
Entertainment in Food Primary Establishments............................................................ 7
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Liquor Licensing Policy Manual
11.7
Entertainment in Liquor Primary Establishments ........................................................ 10
SECTION 12: Trade Practices ................................................................................................. 1
12.0
Introduction .................................................................................................................. 1
12.1
Inducements ................................................................................................................ 1
12.2
Selection of products for sale ....................................................................................... 2
12.4
Consumer Taste Trials................................................................................................. 3
12.5
Theme Night Promotions in Liquor Primary Establishments ......................................... 5
12.6
Manufacturer Hospitality, Educational Activities ........................................................... 7
12.7
Sponsorship ................................................................................................................. 9
SECTION 13: Advertising and Signage.................................................................................. 1
13.0
Introduction .................................................................................................................. 1
13.1
General Conditions ...................................................................................................... 1
SECTION 14: Catering Licences and Catering Endorsements.............................................. 1
14.0
Introduction .................................................................................................................. 1
14.1
Definitions and Interpretation ....................................................................................... 1
14.2
Eligibility....................................................................................................................... 2
14.3
Application Process and Changes to a Licence ........................................................... 5
14.4
Catering Business Requirements ................................................................................. 6
14.5
Liquor Service and Sales ............................................................................................. 8
14.6
Minors ........................................................................................................................ 10
14.7
Catering Authorization Approval Process ................................................................... 10
14.8
Catered Events .......................................................................................................... 13
14.9
Residential Events ..................................................................................................... 16
14.10 Serving Liquor at Other Events .................................................................................. 17
SECTION 15: Licensee Retail Stores ...................................................................................... 1
15.0
Introduction .................................................................................................................. 1
15.1
Licensee Retail Store (LRS) Licence ........................................................................... 1
15.2
Structural changes and relocations .............................................................................. 1
15.3
Standalone Policy ........................................................................................................ 2
15.4
Signs and advertising................................................................................................... 4
15.5
Conditions for liquor sales ............................................................................................ 5
15.6
Sale of non-liquor items ............................................................................................... 6
15.7
Licensee contests ........................................................................................................ 6
15.8
Value-Added Promotions in Licensee Retail Stores ..................................................... 7
15.9
Consumer taste trials ................................................................................................... 8
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15.10 Employee tastings ....................................................................................................... 9
15.11 Temporary de-licensing ............................................................................................... 9
15.12 Appendix 1: History of the LRS model ......................................................................... 9
15.13 Appendix 2: Summary of permitted and prohibited associations for licensee retail
stores upon transfer of ownership, relocation, or structural change ...................................... 12
SECTION 16: Wine Stores........................................................................................................ 1
16.0
Introduction .................................................................................................................. 1
16.1
Wine Store Licence ...................................................................................................... 1
16.2
Moratorium on new licences ........................................................................................ 1
16.3
Valid interest and management contracts with third parties ......................................... 1
16.4
Structural changes and relocations .............................................................................. 2
16.5
Standalone Policy ........................................................................................................ 2
16.6
Ownership Transfers.................................................................................................... 4
16.7
Signage and advertising .............................................................................................. 4
16.8
Conditions for wine sales ............................................................................................. 5
16.9
Sale of non-wine items................................................................................................. 7
16.10 Licensee contests ........................................................................................................ 7
16.11 Value-Added Promotions in wine stores....................................................................... 7
16.12 On-premises wine consumption ................................................................................... 8
16.13 Temporary de-licensing ............................................................................................... 9
SECTION 17: Manufacturer Licences...................................................................................... 1
17.0
Introduction .................................................................................................................. 1
17.1
Definition of “Manufacturing” ........................................................................................ 1
17.2
Manufacturer Licence .................................................................................................. 1
17.3
Additional conditions for winery licensees only............................................................. 2
17.4
Manufacturer site ......................................................................................................... 3
17.5
Manufacturers located on Agricultural Land Reserve (ALR) ......................................... 4
17.6
Liquor Distribution Branch (LDB) Manufacturer’s Agreement ...................................... 4
17.7
Manufacturer licence application process .................................................................... 4
17.8
Plans approval guidelines for manufacturer’s licences ................................................. 5
17.9
Manufacturer licence expiry and renewal ..................................................................... 6
17.10 Serving it Right requirements for manufacturers .......................................................... 6
17.11 Agent licence permissions ........................................................................................... 7
17.12 Signage ....................................................................................................................... 7
17.13 Contract Packaging (Co-Packing) ................................................................................ 7
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17.14 Hours of Operation ...................................................................................................... 7
17.15 Storage of liquor by liquor manufacturers..................................................................... 8
17.16 Minors in manufacturer premises ................................................................................. 8
17.17 Sampling...................................................................................................................... 8
17.18 Sale of liquor ................................................................................................................ 9
17.19 Pricing ......................................................................................................................... 9
17.20 Endorsements............................................................................................................ 10
17.21 Manufacturer tied house requirements ....................................................................... 15
17.22 Manufacturer trade practices requirements ................................................................ 15
17.23 Manufacturer contests and tournaments .................................................................... 15
17.24 Manufacturer inspection requirements ....................................................................... 15
SECTION 18: UBrew/UVin ........................................................................................................ 1
18.0
Introduction .................................................................................................................. 1
18.1
Definitions and Interpretation ....................................................................................... 1
18.2
Application Process and Changes to a Licence ........................................................... 1
18.3
Business Requirements ............................................................................................... 3
18.4
Advertising ................................................................................................................... 4
18.5. Relationships with Liquor Manufacturers and Agents ................................................... 6
18.6
Minors .......................................................................................................................... 7
18.7
Production Requirements ............................................................................................ 7
Policies by Applicable Licence Category ............................................................................... 1
14BIndex ......................................................................................................................................... 1
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Liquor Licensing Policy Manual
SECTION 1: Introduction
Purpose and Format of this Manual
This manual replaces the previous version issued in May 2003, and the Liquor Licensing Operating
Manual that was originally compiled and printed in 1997. The Liquor Licensing Policy Manual is
intended as a reference guide and repository for all licensing policies. It is specifically written for the
staff of the Liquor Control and Licensing Branch; however, external regulatory and enforcement agencies
and the licensees of licensed establishments may also find this manual a useful source of information.
The manual is divided into broad chapters, such as General Information, Licensing Process, Business
Ownership and Changes to a Licence, and so on, that mirror the chapters of the former Liquor Licensing
Operating Manual. Each chapter is then divided into sections according to more discrete topics that fall
within the chapter headings.
With the exception of this chapter and chapter 2, the information in each section is further divided into
three recurring segments. The first, Policy Rationale, gives a general overview of the policies pertaining
to the topic and explains why the policies are in effect. The second, Policies, clearly articulates precise,
numbered policy statements and gives statutory references for each.
Although it is usually quite clear from the content of the policy statements themselves, readers can refer
to the table of policies by applicable licence category in the appendix if unclear about which licence
categories a particular policy is meant to apply. The table provides a cross-reference of the numbered
policies with all applicable licence categories. For ease of reference back to the full text of the policies
and associated rationale, the 1st number in the policy refers to the chapter in which the policy can be
found, the 2nd refers to the section within the chapter, and the 3rd is the number sequence within that
section in which the policy is listed.
The Effect of Policies
The Liquor Control and Licensing Act and Regulations give the general manager of the Liquor Control
and Licensing Branch a great deal of discretionary decision-making power. This discretion allows the
general manager to consider unique circumstances that may arise in individual cases. But the concept of
administrative fairness limits the exercise of this discretion within certain boundaries. In all instances, the
general manager must apply the principles of the Act and regulations and, in doing so, act consistently
with the statutory mandate and objectives within them. Therefore, the policies in this manual are the
mechanisms through which the branch intends to bring about consistent and principled practice, and a
common understanding of purpose. Ultimately, these are the mechanisms through which administrative
fairness is assured.
Within this broader context, policy statements in this manual should be understood as the way the branch
interprets the legal requirements and obligations in the Act and regulations. Of course, in being only
interpretations of the law, they do not have any legal effect in the absence of the statutory sources from
which they are derived. Additionally, these policies should be understood as directions to staff that
communicate expectations about the way branch business should be conducted. They are not directions
to licensees who are also bound by the legal requirements and obligations in the Act and regulations, and
by the terms and conditions of their licences. Nevertheless, the policies articulated in this manual may be
helpful to licensees and other interested parties who wish to know how branch policies may be applied in
their circumstances.
Mandatory or Discretionary?
The language used in this manual contains clear signposts that guide staff through a complex mix of
mandatory and discretionary policies, practices and decision steps. Words such as “must”, “shall”, “will”,
SECTION 1 - INTRODUCTION
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Liquor Licensing Policy Manual
“required” or “requirement” indicate that an action or step is mandatory. This means that the general
manager has no choice but to take the step or reach the decision specified in the legislation. On the other
hand, words such as “may”, “can”, or “might” indicate that the general manager does have a choice or can
exercise some discretion in making a decision. Use of the word “should” indicates an action or step that
is neither mandatory nor discretionary; it recommends a preferred course of action.
Input
Every effort has been made to ensure this manual is complete; however, input from you is essential in
tailoring it to your needs. Are there areas that need more detail? Are there areas where less depth is
needed? Are there errors or omissions? Please provide feedback on these and any other areas of concern
to:
Policy, Planning and Communications Division
Liquor Control and Licensing Branch
PO Box 9292, Stn Prov Govt
Victoria, B.C. V8W 9J8
Phone: (250) 952-5787
Email: [email protected]
H
SECTION 1 - INTRODUCTION
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Liquor Licensing Policy Manual
SECTION 2: General Information
2.0
Introduction
Although this chapter contains “general information” as the title suggests, the topics discussed here are of
great importance. They form the framework within which liquor licensing functions are performed by
staff in the Liquor Control and Licensing Branch. Unlike the chapters that follow, this one is written in
narrative form and does not contain any discrete policy statements. This does not mean that the material
has no policy ramifications. Indeed, because they provide a framework for branch functions and, more
importantly, for the liquor licensing system as a whole, these topics are the context within which all
branch policy is conceived.
The topics in this chapter are organized under the headings:


Operating Environment, and
Licence Categories
2.1
Operating Environment
Introduction
The application of the policies and practices detailed in this manual are best understood in light of the
context or “operating environment” in which staff of the Liquor Control and Licensing Branch do their
work. Many different factors contribute to the current operating environment, including the history of
liquor regulation in British Columbia, the scope or statutory framework of the Liquor Control and
Licensing Act and Regulations, and the relationship the branch has with a range of different stakeholder
groups.
Below, the current operating environment is described under the following headings:




Branch Organization and Function
Client Groups
Operating Assumptions, and
Operating Principles
Branch Organization and Function
Until 1973, the Liquor Control Board (followed briefly by the Liquor Administration Branch from 1973
to 1976) was responsible for all aspects of liquor control and licensing, including distribution and sales.
In response to concerns that the sales and distribution functions of the branch diminished, and sometimes
conflicted with, the control and licensing functions, the Liquor Control and Licensing Branch and the
Liquor Distribution Branch were established as two separate organizations in December of 1976.
The Liquor Control and Licensing Branch is currently divided into four arms: Licensing and Local
Government Liaison; Management Services; Compliance and Enforcement; and Policy, Planning and
Communications. Staff in the Licensing and Local Government Liaison; Policy, Planning and
Communications; and Management Services Divisions are located in Victoria. The Compliance and
Enforcement Division maintains a small staff in Victoria, and has eleven field offices throughout the
province reporting through three regional managers, one in Surrey, one in Vancouver and one in Victoria.
As in any organization with a complex mandate and a broad range of duties and responsibilities, some of
the tasks performed by branch staff are not so easily isolated or categorized. Nevertheless, seven distinct
functions can be identified as being the major focus of branch efforts. These include:

Issuing, renewing and transferring licences for the manufacture and resale of liquor
SECTION 2 – GENERAL INFORMATION
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Liquor Licensing Policy Manual






regulating and monitoring product advertising
administering regulatory exemptions for medicinal, toilet, confectionery, culinary, cleaning or
disinfecting products containing alcohol
inspecting and educating licensees to ensure they comply with the law
maintaining public relations with law enforcement, local government and other regulatory agencies
taking appropriate enforcement actions for contravention of the Liquor Control and Licensing Act and
Regulations, and
liaising with stakeholders to develop more effective policies and legislation.
These things the branch does in pursuit of a vision that reflects on the broader interests of communities
and all people in the province, building the conditions under which there are:
Safer and healthier communities where businesses and individuals manufacture, sell, serve and
promote alcohol responsibly. 1
F
Client Groups
An important aspect of the branch’s operating environment is the relationship the branch has with a wide
range of client groups. Identifying the customer of a public program can be difficult, since the intended
beneficiaries of the service are often not the ones with whom the program has most direct contact.
For the Liquor Control and Licensing Branch, the direct customers or clients – that is, those who utilize,
most directly, the services offered by the branch – primarily include licence applicants, licensees, and
liquor manufacturers and their agents. On the other hand, their indirect clients – or those who do not
utilize the branch’s services but are helped indirectly by its activities – include individuals, their
communities, and the general public. The latter are, of course, the intended beneficiaries of liquor
regulation by government.
Operating Assumptions
Another important aspect of the branch’s operating environment is the set of beliefs or operating
assumptions upon which its functions are based. Often, a program’s operating assumptions are only
implicitly understood, but they form the reference points by which program participants carry out their
duties. The beliefs or assumptions underlying different actions are usually based on facts, experience,
observation, or an application of the rules that govern the program.
These assumptions differ from the organization’s operating philosophy or principles (discussed under the
next heading) to the extent that they do not, in themselves, form the fundamental rationale by which
decisions are made. Rather, they are part of the fact pattern and organizational wisdom that builds over
time and contributes to the policies, procedures and practices of the organization.
A list of operating assumptions employed by the Liquor Control and Licensing Branch are outlined
below. While not an exhaustive list, they include the more influential ones for liquor licensing
operations.
1.
While moderate alcohol consumption may have some modest health benefits, long term
excessive drinking has adverse health effects.
2.
Alcohol is a drug that, if taken in sufficient quantities, will affect short-term mental judgment
and physical dexterity.
1
The Branch Service Plan is a useful source of more information about the branch mission, mandate and strategic goals being employed in
pursuit of this vision.
SECTION 2 – GENERAL INFORMATION
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Liquor Licensing Policy Manual
3.
Although generally seen as a pleasant complement or accompaniment to social occasions,
alcohol has addictive properties and can lead to socially unacceptable behaviour when
abused.
4.
Minors should be protected from the negative effects of alcohol consumption.
5.
Neighbourhoods and communities are impacted by the sale and manufacture of liquor and
their opinions are considered in licensing decisions falling within the statutory framework set
down by government.
6.
Control of the number and location of liquor primary licensed establishments prevents a
proliferation of licensed establishments that may lead to the sale of liquor to minors and
intoxicated persons, overcrowding, or other actions that may be harmful to the community.
7.
It is in the best interests of the liquor and hospitality industries to encourage responsible
drinking behaviours that contribute to the well being of their customers and the public.
8.
Licence holders are responsible for designing their operations and conducting their business
in such a way as to realize the outcomes and principles articulated in liquor licensing statutes
and regulations.
Operating Principles: Liquor Primary and Liquor Primary Club Licences
The last, but probably the most important elements of the branch’s operating environment are the
fundamental principles guiding the regulation of liquor in British Columbia. Under the Liquor Control
and Licensing Act and Regulations, the general manager has a great deal of discretion. Although there are
some specific requirements about how that discretion is to be exercised, little is codified in the statute.
The general manager is required to use good judgment in the “public interest”. The operating principles
that guide the general manager’s decisions – and, by implication, branch practices, are, therefore, an
expression of how the public interest is interpreted for branch purposes. They are as follows:
Public Safety
It is in the public interest to safeguard individuals and communities from the harm caused by:

the inappropriate or reckless sale and/or manufacture of alcohol which might arise in instances of
destructive competition 2 , and
the abuse of alcohol and other irresponsible drinking behaviour.
F

F
Regard for Community Standards
It is in the public interest to have regard for:


the impacts of alcohol sales and manufacture, and
the extent to which these impacts are understood and supported by individuals and their communities.
The first of these principles, public safety, is aimed at two types of failure in the private market place
associated with liquor sales: destructive competition and externalities. Destructive competition is
described by economists as a situation that occurs when competition is so intense that participants in an
2
Destructive competition occurs when competition is so severe that participants in the industry may be induced to act improperly or even
illegally in order to gain a competitive advantage. Such competition can arise when the economic viability of establishments is threatened by
oversupply. Considerations of economic viability of existing establishments is a relevant factor in considering new liquor primary licence
applications if based on the legitimate public interest of the social and economic benefits when the community as a whole derives from having a
substance, such as alcohol, regulated and controlled. Economic viability of existing establishments is not relevant if considered for the benefit of
those existing establishments. [Reference: Coxson Holdings Ltd. d.b.a. Toro’s Neighbourhood Pub v Deputy Minister of Labour and Consumer
Services and General Manage Liquor Control and Licensing Branch, BCSC No. S4640 Duncan Registry.]
SECTION 2 – GENERAL INFORMATION
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Liquor Licensing Policy Manual
industry may be induced to act improperly or even illegally in order to gain a competitive advantage. For
example, without regulation, industry participants may operate at a loss for long periods. In the context of
liquor regulation, these are the conditions that may lead to the sale of liquor to minors and intoxicated
persons, overcrowding, or other actions that could be harmful to the community.
The other type of market failure the public safety principle is intended to address is what economists refer
to as the problem of externalities or “spill-over effects”. This problem is typically characterized by a
situation in which the costs are borne by others who are not part of the exchange between supplier and
purchaser. 3 Again, in the context of liquor regulation, it is often the individuals and communities beyond
the place where liquor is bought and consumed who suffer the consequences when alcohol is abused. For
example, abuse of alcohol can lead to increased domestic violence and automobile accidents in which the
victims are generally third parties.
F
F
The second of the two operating principles, regard for community standards, addresses the need to
somehow find a balance between competing interests and recognize that different communities have
different requirements and standards. The rules that make up the liquor licensing system must, therefore,
be tempered by a capacity to take the circumstances of the individual case into consideration. Factors
considered when making liquor regulation decisions should include the impacts of alcohol manufacture
and sales, risks and benefits to all clients and stakeholders, and the extent to which individuals and
communities accept those risks and benefits.
Operating Principles: Licensee Retail Store, Wine Store, Food Primary, Catering,
UBrew/UVin and Manufacturer Licences
Amendments to the Act which came into force in 2002 added sections 11.1 and 11.2 which changed the
role of local and First Nations governments in the general manager’s decisions whether to issue a licence
of a prescribed category. The licence categories prescribed in the regulation are liquor primary and liquor
primary club licences.
As discussed above, the interpretation of “public interest” in liquor primary and liquor primary club
applications comprises two elements: public safety and regard for community standards. Public safety
issues include concerns about service to minors, over-consumption, over-service and illicit liquor. Regard
for community standards encompasses issues related to the impact of a liquor outlet on the local
community including effects on other nearby businesses and public institutions, and the preferences of
local residents regarding the presence of liquor establishments in their neighbourhood.
Other types of liquor establishment which involve no on site consumption or on site consumption only as
an ancillary activity involve different considerations which impact on the public interest. These other
types of liquor outlets have a lower impact on a community. For these outlets, the legislature determined
that local government or First Nation input would be limited to matters related to community standards
and would be expressed through zoning bylaws. A local government or First Nation may restrict the
locations of non-prescribed licensed establishments by adopting zoning bylaws which do not allow for
that type of business in a particular location. They do not, however, have the authority to approve the
location of a particular licensed establishment. This authority remains with the general manager. Since
the zoning bylaws deal with the community standards aspect of the public interest, the general manager
must only consider the public interest in relation to public safety concerns.
The general manager’s consideration of the public interest as it relates to non-prescribed licensed
establishments (LRSs, wine stores, food primaries, catering businesses, UBrews/UVins and
These circumstances are sometimes referred to as “the tragedy of the commons” after the story often told to illustrate the problem. The story is
about an English village common area used for sheep grazing by all the village shepherds. Since no single villager owned the property and no
one took responsibility for it, the land was eventually over-grazed and destroyed ... thus the term “tragedy of the commons” describing a
condition in which someone or something is harmed through the lack of personal cost or consequence to the direct users of a resource or
commodity.
3
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Liquor Licensing Policy Manual
manufacturers) encompasses only issues of public safety which may include issues related to service to
minors, over-consumption, over-service and illicit liquor. In assessing these concerns the general manager
may consider:




submissions from local government and First Nations, local residents or businesses related solely to
public safety,
evidence of community controversy about the licence application related solely to public safety;
the applicant’s compliance history; any changes in circumstances as a licensing application
progresses which affect public safety issues;
any other information the general manager considers relevant to public safety.
The general manager’s consideration of the public interest as it relates to non-prescribed licensed
establishments does not encompass matters related to community standards, such as:




information about other businesses or social or recreational facilities or public buildings close to the
proposed location;
information about the economic impact on competitors and business neighbours;
parking, loading facilities at a premise, impact on property rights, etc. (which are all dealt with by the
local government or First Nation by zoning bylaws).
local government or First Nation comments respecting community standards in relation to particular
licence applications.
2.2
Licence Categories
Background
The current licensing system is established by the Liquor Control and Licensing Act and its
accompanying regulations. Some of the policy statements in the manual come directly from the Act or
regulation. Others are policies established under the authority given to the general manager in the Act, or
are based on the branch’s interpretation of the licensing provisions in the Act and regulations.
The history of liquor regulation in British Columbia shows that the different categories of liquor licence
have evolved largely in response to changing public attitudes toward liquor and to changing socioeconomic circumstances in British Columbia. Initially, only hotels and private clubs were licensed to sell
liquor. Over time, however, communities have come to view liquor service as acceptable in a much
broader range of settings.
For eighty years, the liquor licensing system was structured largely around the primary operating purpose
of licensed establishments — beginning, as it did, with the licensing of hotels and private clubs in 1921.
With this focus, licence classes had to be carefully categorized and defined in terms of the character of the
establishments as much as the character of liquor service or sales. In 2002, the focus of liquor licensing
shifted principally to the nature of liquor service and sales; determined, for the most part, by whether
liquor consumption is on or off the premises, and whether or not it accompanies food.
Primary operating purpose is still a consideration, to the extent that a licence to sell liquor will only be
granted if the establishment is in the business of “food or beverage service, entertainment or hospitality”
as required by the Liquor Control and Licensing Act and the Liquor Control and Licensing Regulation. It
is also a consideration in granting a licence to provide services to people making their own liquor in
UBrews and UVins, and in granting a licence to manufacture liquor in wineries, distilleries, and
breweries. The categories of licence are, however, defined more by the nature of the industry — that is,
the larger focus of the activity — rather than the discrete characteristics of the establishments being
licensed.
A general description of each of the licence categories follows. More information can be found under
specific topic headings in later chapters of this manual. Details about the UBrew/UVin, manufacturers,
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Liquor Licensing Policy Manual
and some special licence topics4 are provided in other manuals or information materials maintained by the
Liquor Control and Licensing Branch.
Liquor Primary Licence
The liquor primary licence is the broadest category of licence administered by the branch since
establishments operating under this licence may be anything from a standalone bar, hotel or resort to a
military mess or cultural centre 5 . The nature of the liquor service in liquor primary establishments is set
out in sections 8 and 9 of the regulations. A liquor primary establishment must be primarily in the
business of “beverage service, entertainment or hospitality”. They must offer food and non-alcoholic
beverages in addition to their liquor service, but food service in the range generally offered by a restaurant
is not expected. Under section 8(2) of the regulations, restaurants and take-away food outlets are
specifically ineligible for a liquor primary licence. Youth-oriented businesses, motor vehicles, and video
games arcades are also not eligible for liquor primary licences.
F
F
The terms and conditions of the liquor primary licence, and any endorsements that may be applied to the
licence, emphasize public safety and good relationships with the community in which the establishment is
located. For this reason, local government or First Nations input is an important aspect of the liquor
primary licensing process. Their input is sought during the application process particularly on issues
relating to the establishment’s location, size, impact on the neighbourhood and surrounding community,
and the views of nearby residents. It is also required if the licensee later applies to relocate the
establishment, amend the licence to extend the hours of liquor service, increase the person capacity, or
add a patio.
Liquor Primary Club Licence
There is one sub-category of the liquor primary licence — the “liquor primary club licence” 6 . Section 1
of the Act defines a club as an organization incorporated under the laws of British Columbia that has been
in continuous operation for at least one year immediately prior to application for a liquor licence. A club
must have at least 50 members who pay annual membership fees of at least $10.00. The main focus of a
club must be social, athletic, recreational, fraternal, benevolent or patriotic in nature, but this does not
preclude profit-making. A club has its own facilities and does not sublet food or liquor service. Under
section 52 of the Regulations, liquor may only be served to club members and invited guests. Guests
must be registered along with the accompanying club member.
F
F
Veterans’ clubs are eligible for liquor primary club licences. These currently include the following
organizations:
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


the Royal Canadian Legion
Army, Navy and Air Force Veterans in Canada
War Amputations of Canada
The Royal Canadian Air Force Association
a chartered branch of any of the organizations listed above
British Ex-Servicemen’s Association of Vancouver, and
The Royal Canadian Naval Association.
4
Information about Special Occasion Licences can be found in the Special Occasion Licence Policy Manual.
Under section 1 of the Liquor Control and Licensing Act, an establishment is defined as a “place or premises that may comply with the
requirements of this Act and the regulations …”. The Liquor Control and Licensing Branch has interpreted this section to mean that an
establishment must be a physical structure, not just an open space or unbounded piece of property on which a person proposes to serve liquor.
6
Some “special conditions” apply to specific types of liquor primary establishments, including motor vessels, stadiums, concert halls, golf
courses, and clubs. Clubs are, however, distinct in being separately defined and categorized in the Act and regulations as a separate sub-category
of the liquor primary licence. Since most polices that apply to liquor primary establishments also apply to liquor primary club establishments, the
term “liquor primary” also refers to “liquor primary club” throughout this manual unless otherwise specified.
5
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Liquor Licensing Policy Manual
Under section 29 of the Act, a chartered branch of a veterans’ club is not entitled to apply for, obtain or
hold a liquor licence while it is not in good standing with the central organization.
Food Primary Licence
Section 11 of the Liquor Control and Licensing Regulations requires that the emphasis of a food primary
licensed establishment be the service of food 7 . Liquor may not be served unless the establishment is open
for the service of a variety of menu items, including both appetizers and entrees or some equivalent.
Restaurants can remain open 24 hours a day but, subject to the hours endorsed on the licence, liquor
service may only be available between the hours of 9:00 and 4:00 a.m. Under section 53(3) of the
Regulations, the input of local government or First Nations is required if the establishment intends to
provide liquor service after 12:00 midnight. Their input is also required when patron participation
entertainment is proposed.
F
F
As of December 2002, restaurants — with a capacity of 50 persons or more — may apply to have a
lounge area in which patrons can obtain liquor service. The customer may or may not order food after
being served liquor in a restaurant lounge, but food service must nevertheless be available to customers in
the lounge. There are set limits on the seating capacity in these areas. They may be up to 20% of the
person capacity of the interior areas of the restaurant to which the principal food primary licence applies,
or up to 40 persons, whichever is the lesser. In some instances, a restaurant may have more than one
lounge area, one inside and one outside on a patio. If both lounge areas are in use at one time, however,
the total number of persons occupying these areas must not exceed the capacity limits fixed in the
regulations.
In order to qualify for and maintain a food primary licence, a restaurant must have the features that
distinguish it as an establishment primarily in the business of food service. General characteristics that
distinguish a food primary establishment include:








kitchen equipment suitable for preparation of menu items
tables, chairs, counters and/or stools, and lighting adequate for dining
adequate supply of flatware, china and other table accessories
menu containing a varied selection of food items, including both appetizers and entrees or a similar
range of offerings
games or entertainment accompany or complement dining
advertisements refer to the establishment as a place for dining
hours of operation are in keeping with the dining habits of the clientele expected, and
financial records, staff complement, and the receipts showing ratio of food sales to liquor sales are
typical of an establishment in which the major focus is food service.
The capacity to manage and control the licensed area is an important consideration in granting a liquor
licence. Largely because of the complications in meeting this and other licensing requirements, some
eating establishments have been identified as generally not eligible for food primary licences, including:




mall “food fairs”, as the dining space is not defined or controlled by any single food outlet
restaurants primarily oriented to take-out service
stand-alone banquet rooms without fully equipped kitchens, such as a banquet room that is not an
extension of a licensed restaurant, and
mobile food providers, such as hot dog vendors.
7
The definition of an establishment as a physical structure is also important in the licensing of food primary licensed establishments (see footnote
on previous page).
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Liquor Licensing Policy Manual
Licensee Retail Store Licence
A licensee retail store (LRS) licence is issued to the owners of stores selling liquor for consumption off
the premises. Details on the LRS licence are provided in section 15.
Wine Store Licence
There are several different types of wine stores, designed to promote the BC wine industry. Details on
wine store licences are provided in section 16.
Catering Licence
A catering licence enables catering companies to provide a full range of food and beverage services to
their local, out of province, or international clients. Licensed caterers can purchase, transport, and sell
liquor, and may maintain a liquor inventory.
Revised
February
2013
When a caterer provides the liquor at a catered event, the host of the catered event is not required to
obtain a special occasion licence. Catered events encompass a wider range of business events than are
currently eligible under the special occasion licence program. These differences reflect the fact that
caterers will have an ongoing licence, be knowledgeable about the process and event terms and
conditions, and have experience running responsible events. As well, catered events, by their nature, have
different characteristics than some special occasion licensed events: a different clientele and a stronger
food component.
A Caterer must obtain Branch approval prior to each catered event, and in some cases may also require
local government approval. Notice of all catered events must be provided to local police. Caterers may
also serve liquor at residential events.
UBrew/UVin Licence
The UBrew/UVin licence is issued to establishments providing supplies, facilities, and/or services to
people making their own wine, beer, cider, or wine coolers. The Liquor Control and Licensing Act and
regulations set out a range of terms and conditions pertaining to this licence, including: the respective
roles of UBrew and UVin licensees and their customers; how the customer’s ingredients and product are
to be stored on the premises; and special record keeping and reporting requirements.
These terms and conditions are designed to ensure that UBrew and UVin licensees, their staff, and their
customers do not become manufacturers or vendors of liquor. Rather, licensees only supply ingredients
and/or assist customers through the fermentation or brewing process, so long as the end product is for the
customer’s own private use.
Manufacturer Licence
Wineries, breweries, and distilleries that produce or manufacture liquor for sale and, typically, for
consumption off the premises, are required to have a manufacturer licence.
A licensed manufacturer may also operate a tasting room at the manufacturing site where product samples
may be offered to the public.
In addition to operating a retail store and tasting room, manufacturers can apply for endorsements to
operate a lounge and/or separate areas designated for special events, picnics and tours which permits
consumption of liquor on site.
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SECTION 3: Licensing Process
3.0
Introduction
During the licensing process, information is gathered about both applicants and their proposed licensed
establishments to determine whether they meet liquor licensing criteria. The process also allows
applicants to understand and make certain commitments about the terms and conditions by which they
may be licensed. For new liquor primary applications — and for certain types of endorsements or
amendments to existing licences — the licensing process also contains a public input phase.
There are four distinct stages in the licensing process for liquor primary applications, and three for food
primary, UBrew/UVin, agent, manufacturer, and catering applications. Additionally, processes have been
established for licence amendments, re-applying to license an establishment on a site that was previously
refused, and annual renewals. This chapter contains a section on the policies for each of the stages of
licensing and for the amendment, re-application, and renewal processes, organized under the following
headings:

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
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


Stage 1: Application for a New Licence
Stage 2: Applicant Eligibility Assessment
Stage 3: Site and Community Assessment (Liquor Primary, Manufacturer Lounge, and Special Event
Endorsement Areas)
Stage 4: Building Assessment and Issue of a Licence
Licensing Approval Process Flowcharts (Liquor Primary and Food Primary)
Licence Amendments
Re-Application, and
Licence Renewals.
LCLB policy sets limits on the time that applicants may take to move liquor licence applications through
the licensing process. This ensures that applications make reasonable progress through the steps of the
licensing process so that establishments become licensed in a timely manner. Setting time limits also has
the effect of reducing uncertainty in the marketplace when many licence applicants are vying for
establishment locations and seeking local government zoning or other approvals.
For information on the licensing process specific to catering licences, see section 14.3.
For information on the licensing process specific to UBrew/UVin licences, see section 18.2.2.
3.1
Stage 1: Application for a New Licence
Policy Rationale
Preparing a complete application for a new licence is the first step in the licensing process. 1 The
documentation provided at this early stage is the foundation upon which the entire licensing process is
based.
F
F
For the most part, the information the applicant must submit at the time of application is for the purposes
of assessing whether the basic criteria for licensing are met. 2 Other information is acquired in order to
meet the administrative needs of processing the licence application, in particular, the requirements for a
complete application.
F
1
2
F
A brief overview of the steps in the licensing process can be found in the introduction to this chapter.
See next section, Stage 2: Applicant Eligibility Assessment, for a discussion of these requirements.
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Liquor Licensing Policy Manual
Policies
3.1.1
Assessment of primary operating purpose in a liquor primary licence application
Upon receipt of an application for a liquor primary licence, licensing staff will determine whether the
business carried on in the proposed licensed establishment is beverage service, entertainment or
hospitality. An application from the following establishments will be returned to the applicant as not
eligible for a liquor primary licence:






A facility not primarily engaged in beverage service, entertainment or hospitality;
A facility frequented predominantly by or directed at minors and other young persons;
A restaurant;
A take-away service;
A motor vehicle; and
A video games arcade.
[Liquor Control and Licensing Regulations, section 8(1)]
3.1.2.
Assessment of primary operating purpose in a food primary licence application
Upon receipt of an application for a food primary licence, licensing staff will determine whether the
business carried on in the proposed licensed establishment is primarily food service during all hours of its
operation. Since effective management and control of the proposed licensed area cannot be assured,
applications from the following establishments are not eligible for a food primary licence:




Mall “food fairs”, or establishments where the dining space is not defined or controlled by any single
food outlet;
Restaurants primarily oriented to take-out service;
Stand-alone banquet rooms without fully equipped kitchens, including banquet rooms that are not an
extension of a licensed food primary establishment; and
Mobile food providers, including hot dog and other street vendors offering food service.
[Liquor Control and Licensing Regulations, section 11(1), Liquor Control and Licensing Branch Policy]
3.1.3.
Complete application
An application will be recognized as complete only when all required documentation is received. Section
15(1) of the Liquor Control and Licensing Act states that “an application for a new licence or a renewal,
transfer or amendment of a licence must be in the form approved by the general manager and must be
accompanied by the prescribed fee.” Application fees are prescribed in schedule 1 of the regulations.
[Liquor Control and Licensing Act, section 15(1), Liquor Control and Licensing Regulations, Schedule 1]
3.1.4.
Incomplete application
If an application is found to be incomplete, contains documents that are incomplete or unacceptable, or
both, the applicant will be notified of the documents required to complete the application. Applications
will not be processed until all documentation has been:


Received in LCLB Headquarters; and
Found to be satisfactorily completed.
[Liquor Control and Licensing Act, section 15(1), Liquor Control and Licensing Branch Policy]
3.1.5.
Criminal record search requirements
For the purposes of policy 3.1.3, a Personal History Summary and Consent for Criminal Record Search
form and the RCMP’s Consent for Disclosure of Criminal Record Information form are required
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Liquor Licensing Policy Manual
documents for all individuals except individuals holding less than 10% voting shares or holding only nonvoting shares in the applicant company.
Individuals holding less than 10% voting shares or holding only non-voting shares in the applicant
company are required to provide only their full legal name and date of birth at the time of application.
However, the general manager may, at any time, require any and all shareholders to undergo a criminal
record check. An application may not be considered complete until the required information is received
from all individuals.
Where convictions or discharges are indicated, or where the branch receives information regarding the
same, a verifiable record from the appropriate police authority is required unless the general manager
indicates that a statutory declaration is sufficient. A decision maker will generally not consider an
application until all required records of criminal conviction have been received and reviewed.
[Liquor Control and Licensing Act, section 16(2), Liquor Control and Licensing Branch Policy]
3.1.6.
45-Day Retention Period for Incomplete Applications
An incomplete application package will be held for a maximum of forty-five (45) calendar days to await
receipt of any outstanding application documentation. If still incomplete after the 45-day period, the
application may be terminated. This time period may be extended at the discretion of the licensing staff.
The application fee is non-refundable.
[Liquor Control and Licensing Branch Policy]
3.1.7.
False information in an application
If an applicant appears to have:



Failed to disclose a material fact;
Provided a false statement; or
Provided a misleading statement
in an application, the general manager will consider the facts and decide if the application should be
terminated.
[Liquor Control and Licensing Act, section 15(2)]
3.1.8.
Written acknowledgment of complete application
Complete applications will be acknowledged in writing, only after being satisfied that all documents have
been properly completed and are acceptable. Although an acknowledgment letter may be issued on a
later date, it will include the date and time that the application was accepted as complete.
[Liquor Control and Licensing Act, section 15(1), Liquor Control and Licensing Branch Policy]
3.1.9.
Written acknowledgment of name and sign approval
Name and sign approval will be acknowledged in writing, only after being satisfied that the proposed
establishment name and sign sketch are acceptable 3 . The acknowledgement will form part of the written
acknowledgement of a complete application.
F
F
[Liquor Control and Licensing Act, sections 45(2), 49 (3), and 51.1; Liquor Control and Licensing Branch
Policy]
3
See chapter on Advertising and Signage for policies governing names and signs.
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Liquor Licensing Policy Manual
3.2
Stage 2: Applicant Eligibility Assessment
Policy Rationale
Once all the necessary documentation has been received and the application is considered to be
“complete” 4 , applications are screened to ensure the applicant meets the basic eligibility requirements.
The first of these is an assessment of applicant 5 suitability — that is, a determination of whether the
applicant is a “fit and proper person”. In assessing applicant suitability, the general manager is looking for
anything that might indicate the person may fail to comply with the terms and conditions of a liquor
licence.
F
F
F
F
Under certain circumstances, such as if the licensee does not reside in British Columbia or will not be
present to manage the establishment on a day to day basis, the licensee may engage another party to
operate or manage the establishment. The licensee may choose to engage a resident manager or third
party operator to run the business. Although neither of these management arrangements removes legal
liability from the licensee, a third party operator or resident manager is subject to the same “fit and
proper” criteria as mentioned above.
Next, there is a determination of whether the applicant meets the residency and age requirements. The
purpose of the residency requirement is to ensure that the person responsible for the operation of the
licensed establishment is physically present to oversee its operation.
Another consideration is whether the applicant meets the requirements of business ownership and valid
property interest. Finally, the applicant eligibility assessment involves a determination of whether the
applicant has any connection or agreement (referred to as a “tied house”) with a liquor manufacturer or
their agent or the owner of a UBrew/UVin.
Policies
3.2.1.
Criteria for applicant eligibility
In determining whether a licence should be issued, renewed or transferred, consideration shall be given to
whether the criteria for applicant eligibility have been met. The applicant eligibility criteria include the
following factors:




Applicant suitability;
Residency and age requirements;
Business ownership and valid property interest; and
The existence of an unlawful connection or agreement with a liquor manufacturer or a UBrew/UVin
licensee.
[Liquor Control and Licensing Act, sections 16(1) through (5), and 18]
3.2.2.
Consideration of applicant suitability
In assessing whether an applicant is a fit and proper person who is suitable to hold a liquor licence, the
general manager must consider convictions under the laws of Canada or a province or the bylaws of a
municipality or regional district in British Columbia. In practice, this entails a criminal records check and
consideration of any records showing that the applicant has previously not complied with the
requirements of the Liquor Control and Licensing Act or the Regulations.
4
See previous section in this chapter, 3.1 Application for a New Licence, regarding complete applications.
The applicant includes: sole proprietors, all partners in a partnership (including silent partners), all executive officers and directors of a public
corporation or society, anyone with a 10% or greater interest in a private corporation or a private holding company, the resident manager or third
party operating a business, the branch president and resident agent/manager under a liquor primary club licence, the manager for a governmentowned establishment, all trustees, including those acting on behalf of a minor, if the minor holds a 10% or greater interest in the business to be
licensed, and executors or administrators appointed when a licensee dies.
5
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Liquor Licensing Policy Manual
The general manager may also consider:
 Administrative penalties levied against the person under a law of Canada or a province;
 The financial integrity of the person; and
 Any other factors the general manager believes are relevant to the consideration.
Examples of the “other factors” that the general manager may consider include, but are not limited to:
a. Any previous or pending charges under the laws of Canada or any province or the bylaws of a
municipality or regional district in British Columbia;
b. Any previous or pending charges and also any previous discharges or convictions under the laws
of any foreign country, or the laws or bylaws of any foreign provincial, state or local government,
c. Convictions or charges that involve, but are not limited to, the abuse of alcohol or other addictive
substances;
d. Driving infractions where there is an indication that an abuse of alcohol was a factor;
e. Flagrant disregard or persistent infractions of local bylaws that suggest that the individual is
unlikely to be sensitive to local concerns or ensure their establishment meets local government
requirements;
f. A poor enforcement record with regards to a licensed establishment, in particular when the
compliance history leads the general manager to believe that the individual may not operate the
establishment in a manner consistent with the public interest;
g. Failure to provide documents requested by the branch in a timely manner, failure to fully cooperate during the course of enquiries, or failure to disclose a relevant fact on an application,
h. Whether the person is of good reputation and character or has a history of behaviour that would
render him or her unsuitable to hold a licence;
i. Whether the person is involved in criminal activities or associated 6 with someone involved in
criminal activities;
j. Whether the person is a member of, or associated with a member of, an organized crime group,
k. The source of the applicant or licensee’s funding for the business and whether that funding is
connected to, or associated in any way with, a criminal source;
l. Whether all funding sources for the business can be confirmed as legitimate;
m. Information that the person might not observe the terms and conditions of a liquor licence or
operate the establishment in a manner consistent with the responsibilities described in the
branch’s Responsible Beverage Service Program;
n. The individual has demonstrated a disregard for, or lack of awareness of, the legal and social
responsibilities of a licensee, including but not limited to areas such as employment and tax law,
o. The individual has been involved in selling liquor without a licence;
p. The applicant is not at arm’s length from the licensee of a problematic establishment;
q. The proposed location of the establishment has been problematic for previous licensees; and
F
6
F
“associate” in relation to a licensee, responsible person, approval holder or applicant for a licence or an approval, means
(a) any person that has a financial interest in the licensee, applicant, approval holder or responsible person
(b) any person that has a financial interest in the licensee’s, applicant’s or approval holder’s business
(c) any person that has a financial interest in the premises to which the licence or application relates
(d) if the licensee, applicant, approval holder or responsible person has a financial interest in another business or premises, any other person
with a financial interest in that business or premises
(e) if the licensee, applicant, approval holder or responsible person is an individual, who is
(i) the spouse of the individual
(ii) any relative of the individual or the spouse referred to in subparagraph (i)
(iii) any corporation if the individual has a financial interest in the corporation, or is a director or officer of the corporation
(iv) any other officers, directors or persons with a financial interest in the corporation referred to in subparagraph (iii)
(v) any other corporation that has a financial interest in the corporation referred to in subparagraph (iii), the other corporation’s
officers and directors and any person that has a financial interest in the other corporation
(f) if the licensee, applicant, approval holder or responsible person is a corporation, any other corporation that has a financial interest in the
corporation, the other corporation’s officers and directors and any person that has a financial interest in the other corporation
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
r.
The general manager has concerns about the individual’s financial integrity or lack of experience
in the industry.
In general, the information required for a suitability decision is available to licensing staff through the
routine processing of an individual’s application. However, on those occasions when licensing staff learn
that factors g through q above may be present, they will bring the case to the attention of their supervisor
for referral to the manager of investigations for a more comprehensive investigation or background check.
[Liquor Control and Licensing Act, section 16(2)(a) and (b)]
3.2.3.
Consideration of residency and age requirements
Minors (under the age of 19 years) are not eligible to apply for or hold a liquor licence in British
Columbia.
In assessing whether an applicant is eligible for a liquor licence, licensing staff will give consideration to
whether the applicant is:



A person who is a resident of British Columbia, or a Canadian citizen or a landed immigrant7; or
A partnership, of which each member is a resident of British Columbia, or a Canadian citizen, or a
landed immigrant; or
A corporation whose agent or manager selected by the corporation to carry on its business in the
licensed establishment is a resident of British Columbia, or a Canadian citizen or a landed immigrant.
The requirement for residency is generally considered to be satisfied if an individual maintains a
residence, with a mailing address, in British Columbia during the time of application and for as long as
the individual holds the licence.
[Liquor Control and Licensing Act, section 16(5)]
3.2.4.
Consideration of business ownership and valid property interest
In assessing whether an applicant is eligible for a liquor licence, licensing staff will give consideration to
whether the applicant is the owner of the business carried on at the establishment to which the licence
relates, and

whether the applicant :
 Is the owner of the establishment (i.e. property and building(s) to which the licence relates; or
 Is the lessee of the establishment under a lease that does not expire for at least twelve (12) months
from the date the licence is issued; or
 In respect of the initial application for a new licence or transfer of an existing licence, holds an
assignment or offer of lease pertaining to the property and buildings (the assignment or offer of
lease is acceptable documentation at the initial application stage; however, a licence will not be
issued or transferred until the applicant has a fully executed lease or title document that covers a
12 month period from the final date of issue or transfer); or
 In respect of a purchase in progress, possesses an offer or option to purchase the establishment
(the offer or option to purchase is acceptable documentation at the initial application stage;
however, a licence will not be issued or transferred until the applicant has a fully executed title
document); or
 In respect of the renewal of a licence, has provided evidence that the licensee is the lessee of the
establishment under a lease of a duration that is satisfactory to the general manager; or
7
A landed immigrant is a person lawfully admitted to Canada under the Immigration and Refugee Protection Act for permanent
residence
SECTION 3 – LICENSING PROCESS
Page 6
Liquor Licensing Policy Manual


In respect of the issue of licence for a motor vessel, has docking privileges for a period not less
than twelve (12) months; or
In respect of the renewal of a licence for a motor vessel, has provided evidence of docking
privileges of a duration that is satisfactory to the general manager.
[Liquor Control and Licensing Act, sections 16(1)(b) and (c), and 16(3); Liquor Control and Licensing
Act Regulations, sections 4(1) and 4(2); Liquor Control and Licensing Branch Policy]
3.2.5.
Consideration of tied house circumstances
A tied house is an establishment that has an association, financial or otherwise, with a licensed liquor
manufacturer or agent that is likely to lead to its products being favoured for sale. A tied house
relationship between a manufacturer/agent and a licensed establishment exists where they are associated
in one of the following ways:



Where the manufacturer/agent has any amount of ownership interest in the licensed establishment
(LP, FP, LRS, business location of a caterer, or wine store); OR
Where the manufacturer/agent operates the establishment under a third party operator agreement; OR
Where the manufacturer/agent has an immediate family member who either owns the establishment
or is the third party operator of the licensed establishment. Immediate family members include
spouses, parents, siblings and children only. Any other family members are not considered immediate
family and are not considered a tie.
An employee of a licensed establishment or manufacturer/agent (e.g. a resident manager, a marketing
representative of a manufacturer) is not considered to be in a tied house relationship with that licensee or
manufacturer.
Ubrew/UVin licensees are not permitted to have an association with any other licensed establishment or
any manufacturer/agent, unless the relationship was grandfathered under the Liquor Control and
Licensing Act [s. 18(1.3)(a)].
Revised
October
2013
In assessing whether an applicant is eligible for a liquor licence, licensing staff will give consideration to
whether the applicant has any connection or agreement with a licensed liquor manufacturer, agent or a
UBrew/UVin licensee. This includes circumstances in which:




A person has agreed or arranged with another to sell the liquor of a manufacturer to the exclusion of
the liquor of another manufacturer;
A liquor manufacturer or the manufacturer's agent, or a person who is so associated with, connected
with or financially interested in them, is likely to promote the sale of liquor for that manufacturer or
agent;
A person applying for or holding a UBrew or UVin licence is associated with, connected with or
financially interested in a person holding a liquor primary, food primary, licensee retail store, wine
store, catering, or manufacturers licence; or
A person applying for or holding a liquor primary, food primary, licensee retail store, wine store
catering, or manufacturer’s licence is associated with, connected with or financially interested in a
person holding a UBrew or UVin licence.
Where an association, connection, or financial interest exists between a manufacturer and an
establishment not operated in conjunction with and at the same site as the manufacturer, the manufacturer
and the licensee of the establishment must disclose the relationship to the general manager.
Upon receipt of a statement disclosing the relationship between a manufacturer or agent and a licensed
establishment, the general manager will:
SECTION 3 – LICENSING PROCESS
Page 7
Liquor Licensing Policy Manual


Revised
October
2013
Assess the nature of the relationship;and
Make a determination about whether the licensee is likely to promote the sale of the manufacturer’s
or agent’s liquor products.
If the general manager determines that the manufacturer or agent has an ownership interest in the licensed
establishment or is likely to promote the sale of the manufacturer’s or agent’s liquor products, the general
manager shall not permit the manufacturer’s or agent’s product to be purchased and sold by that licensed
establishment.
In general, product exclusivity is not permitted and products must be made as widely available as possible
to all licensees, taking into account the reasonable constraints of production volumes and delivery costs.
The general principle is that manufacturers may not provide a particular liquor product exclusively to one
or a limited number of other establishments to which they are not tied.
Revised
January
2014
Manufacturers may provide certain customers with private label products, but in order to prevent this
practice from becoming a mechanism to provide certain preferred customers with a price discount,
manufacturers are required to make a reasonable quantity of comparable product at comparable prices
available to all licensees.
Limited run specialty products may be produced either on the initiative of the manufacturer or at the
request of a licensee, and may be made available only to particular licensees without offering a
comparable product. Such products must be genuinely special products not normally produced by the
manufacturer. Because these specialty products are produced by exception they are exempted from the
requirement to offer a comparable product to other licensees.
There are certain circumstances under which tied house arrangements are permitted. Where a tied house
relationship is permitted, the establishment may sell the products of the associated manufacturer. These
are described in the following sections.
[Liquor Control and Licensing Act, section 18; Liquor Control and Licensing Regulation, section 50]
3.2.5.1 Tied house exemption for small and medium volume manufacturers
Small and medium volume liquor manufacturers may apply to have a tied house association with up to
three licensed establishments (per manufacturer’s licence) located away from the manufacturing site
where that manufacturer’s liquor may be sold. The associated off-site establishments may be any type of
establishment licensed under section 12 of the Act (including a food primary, liquor primary, retail store,
or business location of a caterer).
To qualify for this exemption, manufacturer annual production volumes under a British Columbia
manufacturer’s licence must not exceed:



100,000L for a distillery;
750,000L for a winery; and
300,000 hectolitres for a brewery.
In addition, the manufacturer must either:



have an ownership interest in the licensed establishment,
operate the establishment under a third party operator agreement, or
have a relationship with the licensed establishment, through a family member who either owns the
establishment or is the third party operator of the establishment.
Manufacturers will report production volumes as part of the application process. Manufacturers who
qualify for off-site establishments under these limits but expand future production beyond these limits
SECTION 3 – LICENSING PROCESS
Page 8
Liquor Licensing Policy Manual
will no longer be eligible to apply for additional new off-site tied house establishments but may keep any
off-site tied house establishments that were previously approved.
Where a tied house exemption has been approved, the licensee’s business relationship with the associated
manufacturer is also exempted from the inducement restrictions of the Act. The licensee may promote the
sale of the associated manufacturer’s liquor and may enter into business agreements with that
manufacturer that are not otherwise permitted (for details, see section 12.1.1).
All off-site licensed establishments where the manufacturer’s liquor may be sold are required to sell a
range of products from a variety of manufacturers that are not associated with or connected with each
other.
Revised
January
2014
A manufacturer in a tied house relationship with an off-site licensed establishment may not provide a
particular liquor product exclusively to that establishment or other tied establishments unless otherwise
approved by the General Manager. Generally speaking, the exclusive sale of a product to a tied
establishment will only be permitted in situations where the product is produced in such small quantities
that it is not reasonable to make it available for purchase by other licensees (for more detail on
exclusivity, please refer to s. 3.2.5).
For requirements for caterers please see section 14.4.10.
[Liquor Control and Licensing Act, sections 18 and 45, Liquor Control and Licensing Regulation sections
50(2)(e) and (g) and 50(2.1)]
3.2.5.2 Tied house exemption for on-site manufacturers’ establishments
All manufacturers are eligible for an exemption to the tied house prohibition to allow them to have any
type and any number of on-site licensed establishments, where their liquor may be sold.
Product produced on-site from the manufacturer may be sold at any of these establishments, provided all
the establishments are owned and operated by the exact same licensee as the manufacturer and are located
at the same site as the manufacturing facility.
[Liquor Control and Licensing Act, section 18(3) and (4), Liquor Control and Licensing Regulation,
section 50(2)(e), (f) and (g)]
3.2.5.3 Tied house exemption for winery-operated wine stores
Licensees who hold a wine store licence and a winery licence are exempt from the tied house prohibition
for those wine stores owned by the manufacturer but located away from the manufacturing site. They may
only sell the wine manufactured by the commonly owned winery.
[Liquor Control and Licensing Act, section 18(4), Liquor Control and Licensing Regulation, section
50(2)(d)]
3.2.5.4 Tied house exemption for stadiums and concert halls
Stadiums and concert halls are eligible for an exemption from the tied-house prohibition that has been
developed in recognition of liquor industry sponsorship of sporting and cultural events.
A liquor supplier and the liquor primary or food primary licensee of an eligible stadium or concert hall
may jointly apply to the general manager for permission to enter into a financial arrangement. Eligible
stadiums or concert halls will be primarily oriented to provincial, national or international events,
involving adults or professionals, and:


in the case of a stadium, have a minimum of 5,000 permanent fixed seats (or lower if approved by the
General Manager), and
in the case of a concert hall, have a minimum of 1,500 permanent fixed seats.
SECTION 3 – LICENSING PROCESS
Page 9
Liquor Licensing Policy Manual
If approved, and subject to such other terms and conditions as the general manager may impose, the
exemption may permit an arrangement in which up to 90% of a designated category of liquor 8 is from one
supplier in exchange for payment from that supplier. The remaining 10% must be purchased from a
different supplier or suppliers and may not be subject to this type of financial arrangement.
F
F
An application for an exemption must be made jointly by the liquor supplier and the licensee of the
licensed establishment, and must include the following:




The proposed terms of the arrangement including the liquor product categories to be impacted; the
maximum percentage of sales in that category to which both parties have agreed;
Brand or corporate signage to be placed in the establishment; and any other proposed arrangements;
The proposed date that the arrangement is to come into effect and, if applicable, its proposed end
date; and
A proposal for the display throughout the facility of responsible use messaging that is not associated
with a liquor supplier.
[Liquor Control and Licensing Act, section 12(3)(b); Liquor Control and Licensing Regulations, section
50; Liquor Control and Licensing Branch Policy]
3.2.5.5 Tied house exemption for UBrew/UVins
The prohibition against tied houses between UBrew/UVin licensees and holders of agent’s licences,
liquor manufacturer licences, or licences issued under section 12 (e.g. food primary, liquor primary,
licensee retail store) does not apply to a person:


that, on April 1, 2000, held a UBrew/UVin licence and held a liquor manufacturer licence, agents
licence, or a licence issued under section 12; and
any association, connection or financial interest has not, since that date, expanded in scope or degree.
[Liquor Control and Licensing Act, section 18(1.3)]
3.2.6.
Eligibility Decisions
The general manager will determine whether an application meets the eligibility criteria with respect to
suitability, residency and age requirements, business ownership and valid property interest and tied house
circumstances. If information is obtained that reveals issues of concern, the individual will be given an
opportunity to provide a written submission prior to a decision being made.
[Liquor Control and Licensing Act, section 16 and Liquor Control and Licensing Branch Policy]
3.2.7.
Suitability Decisions - Fit and Proper Issues
The general manager may at any time determine whether an individual is fit and proper to hold a liquor
licence. Where information obtained by the general manager reveals issues of concern (see section 3.2.2,
above), the individual will be given an opportunity to provide a written submission prior to a decision.
[Liquor Control and Licensing Act, section 16 and Liquor Control and Licensing Branch Policy]
3.2.8.
Written notification
At the conclusion of the applicant eligibility assessment, written notification of the decision will be
provided to the applicant indicating:


8
Whether the application has passed the applicant eligibility assessment or been rejected; and
If rejected, the reasons for the decision.
A designated category of liquor may include any of the following: draught beer, bottled beer, cider and coolers, wine, or spirits.
SECTION 3 – LICENSING PROCESS
Page 10
Liquor Licensing Policy Manual
[Liquor Control and Licensing Branch Policy]
3.2.9.
Managing the establishment for the licensee: Resident manager
A licensee who does not reside in British Columbia or who will not be present to manage the
establishment on a day to day basis must hire an individual to manage the establishment in his or her
absence. This individual is considered the resident manager (if the licensee is out of province a resident
manager must be hired).
The branch may consider an individual a resident manager if the person is employed to carry on the
business of the licensee by being primarily responsible for the day to day operation of the establishment.
A resident manager may be employed in an executive capacity by the licensee and have responsibilities
that generally consist of supervising and/or directing human or other resources.
To be officially approved as a resident manager, an individual:







Must be an employee of the licensee and be primarily responsible for the day to day operation of the
establishment;
Must not be in a contractual third party operator agreement with the licensee;
Must be a resident of British Columbia9;
Must not be a minor (i.e. must be 19 years of age or over);
Must be an individual not a corporate entity or partnership;
May not assume liability for the overall operation and activities of the establishment on behalf of the
licensee; and
Is subject to the fit and proper assessment.
3.2.10. Operating the establishment for the licensee: Third party operator
A licensee who is not present to manage the establishment on a day to day basis may engage the services
of an individual or corporate entity to operate the establishment. This party is considered a third party
operator.
The third party operator participates in a contractual agreement with the licensee and benefits financially
from the arrangement. The third party operator agreement must be in place when a licensee wishes to
engage a third party- a proprietorship, corporate entity or partnership- to manage the operation of the
licensee’s establishment. A third party operator:







Must not be an employee of the licensee;
Must be approved by the Liquor Control and Licensing Branch;
May not assume accountability for the overall operation of the establishment on behalf of the licensee
as the licensee remains responsible for all activities within the licensed establishment;
Must not be engaged in the management of a liquor-primary club licence;
Must not enter into an agreement or allow another person to use the licence;
Must be 19 years of age or over; and
Is subject to the fit and proper assessment as individuals.
[Liquor Control and Licensing Act, section 17(1) and 17(2)]
9
For residency requirements please see section 3.2.3.
SECTION 3 – LICENSING PROCESS
Page 11
Liquor Licensing Policy Manual
3.3
Stage 3: Site and Community Assessment
Policy Rationale
For liquor primary licence applications, manufacturer lounge and special event area endorsements, the
next stage in the licensing process is a site and community assessment. 10 The regulations provide for
substantial involvement in the liquor licensing process by local governments and First Nations.
Essentially, the factors that local governments and First Nations must consider relate to the
characteristics of the local community, the likely impact on the community by the proposed licensed
establishment, and any additional factors the local government/First Nation may consider relevant and
may wish to draw to the attention of the general manager. This process is, then, part of a larger
determination of whether granting the application would be “contrary to the public interest” under section
16(3) of the Act.
F
F
The licensing process for manufacturer lounge and special event area endorsements also involves a site
and community assessment similar to the liquor-primary process. Most of the policies relating to the site
and community assessment address the manner in which notice to local governments and First Nations is
to be given, and how the resulting comments and recommendations are to be received and considered.
While these policies obviously direct the form and the content of the assessment process, their intent is
also to provide a framework for a close working relationship between the Liquor Control and Licensing
Branch and local communities. Wise and well-informed liquor licensing decisions depend greatly on the
strength of this relationship. For more information on the local government/First Nations role in the
licensing process, please refer to the Local Government Guide, available online at:
http://www.pssg.gov.bc.ca/lclb/docs-forms/PSSG-LocalGovt-Fst-Nation.pdf.
Policies
3.3.1.
Site and community assessment of a liquor primary licence, manufacturer
lounge, or special event area endorsement application
During the site and community assessment, the general manager will determine whether the operation of
the proposed establishment at the proposed site is contrary to the public interest. In making this
determination, the general manager will consider:



The degree of community support for the establishment to be licensed at the proposed site;
The impact on the community in the event the establishment is licensed; and
Any other factors relating to the site and the community the general manager considers relevant to the
public interest.
If the general manager determines that the operation of the proposed establishment at the proposed site is
not contrary to the public interest, the application will pass the site and community assessment.
Also, during the site and community assessment, the general manager may identify features of the
establishment or other potential concerns that may warrant additional terms and conditions being added to
the licence. The general manager will take such things as the physical layout, location and type of
establishment into consideration when determining if additional terms and conditions are necessary.
[Liquor Control and Licensing Act, sections 11.1, 11.2, and 16(3); Liquor Control and Licensing Act
Regulations, sections 10 and 18, Liquor Control and Licensing Branch Policy]
For food primary applications, the community “litmus test” is primarily undertaken locally as part of the zoning and business licensing
processes. They are not subject to the same scrutiny from a liquor licensing perspective because the restrictions on the operations of a food
primary establishment — such as liquor service only in conjunction with food service — reduce the likelihood of a detrimental impact on the
community.
10
SECTION 3 – LICENSING PROCESS
Page 12
Liquor Licensing Policy Manual
3.3.2.
Notice to a local government or First Nation of an application for a liquor
primary licence
A liquor licence may not be issued unless, in the prescribed circumstances, the general manager has given
the local government or first nation for the area in which the establishment is proposed to be located
notice of the licence application. The notice requirement applies to liquor primary and liquor primary club
licences11 . Once notice is given, the local government or First Nation must then consider a range of
different factors in providing comments or recommendations to the general manager with respect to the
licence application.
F
Unless the local government or First Nation has indicated that it does not wish to receive notice, licensing
staff will ensure that a local government or First Nation is notified of an application for a liquor primary
licence. The notice will set out the criteria established by regulation that the local government or First
Nation must take into account, as follows:






The location of the establishment;
The proximity of the establishment to other social or recreational facilities and public buildings;
The person capacity and hours of the liquor service of the establishment;
The number and market focus or clientele of the liquor primary licence establishments within a
reasonable distance of the proposed location;
The impact of noise on the community in the immediate vicinity of the establishment; and
The impact on the community if the application is approved.
[Liquor Control and Licensing Act, sections 11.1(1), 11.2(5)(a), and 16(3); Liquor Control and Licensing
Regulations, sections 10(1), (2) (3) and (4)]
3.3.3.
Notice to a local government or First Nation of an application for a manufacturer
lounge or special event area endorsement
Unless the local government or First Nation has indicated that it does not wish to receive notice, licensing
staff will ensure that a local government or First Nation is notified of an application for a manufacturer
lounge or special event area endorsement. The notice will set out the criteria established by regulation
that the local government or First Nation must take into account, as follows:






The location of the lounge or special event area;
The proximity of the lounge or special event area to other social or recreational facilities and public
buildings;
In the case of a lounge, the person capacity of that lounge;
Hours of liquor service of the lounge or special event area;
Traffic, noise, parking and zoning; and
The impact on the community if the application is approved.
[Liquor Control and Licensing Act, section 16(3); Liquor Control and Licensing Regulations, sections
18(8) and 18(9)]
3.3.4.
Notice to a local government or First Nation of a subsequent application for a
liquor primary licence
The requirements to notify local governments or First Nations (see sections 3.3.2 and 3.3.3) remain in
effect regardless of whether there is an application in progress within the same jurisdiction and regardless
of whether the general manager has received comments respecting the application in progress. If a
subsequent application is received within the same jurisdiction, licensing staff will notify local
11
Notice must also be given of applications to amend both food primary and liquor primary licences as well as winery lounge and special event
area endorsements under certain circumstances (see section 3.5, Licence Amendments).
SECTION 3 – LICENSING PROCESS
Page 13
Liquor Licensing Policy Manual
governments or First Nations by sending them a list of any other applications in progress for which local
government or First Nation comments have not yet been received.
If a local government or First Nation has more than one application in progress, they may choose the
order in which they assess the applications and provide comments to the general manager. If the local
government or First Nation has already provided comments to the general manager regarding an
application, the general manager will not accept a decision by the local government or First Nation to
rescind those comments due to a subsequent licence application within their jurisdiction.
[Liquor Control and Licensing Branch Policy]
3.3.5.
Determination of when notice of an application has been received by a local
government or First Nation
The local government or First Nation receiving notice of an application (see sections 3.3.2 or 3.3.3) must
provide comments and recommendations within ninety (90) days of receiving the request, unless the
general manager authorizes a further period in writing.
For the purposes of calculating the 90-day period in which a response is expected, notification of the local
government or First Nation is considered to be effective seven (7) days after being mailed by licensing
staff.
[Liquor Control and Licensing Regulations, sections 10(6) and 18(12), Liquor Control and Licensing
Branch Policy]
3.3.6.
Requests for time extensions from local governments or First Nations
Should a local government or First Nation request a period of time greater than ninety (90) days in which
to provide written comments regarding an application, the general manager may authorize a further period
after considering:





The reasons for the request;
The proposed date by which comments will be provided;
Any adverse effects the applicant may experience if a further period is authorized:
Whether the circumstances of the delay relate to the specific application under consideration, or
whether they suggest a general pattern of delay in respect of all applications in the area; and
Such other factors as may be relevant in the public interest.
Any further period permitted by the general manager will be authorized in writing.
[Liquor Control and Licensing Act Regulations, sections 10(6) and 18(12), Liquor Control and Licensing
Branch Policy]
3.3.7.
Recommendations on terms and conditions from local governments or First
Nations
A local government or First Nation may pass a resolution in which approval or support for a licence
application is contingent on certain terms and conditions being attached to a liquor licence. Under these
circumstances, and if the application otherwise meets the requirements for a liquor licence, the general
manager will take the recommendations of the local government or First Nation into consideration in
determining the terms and conditions of a licence.
[Liquor Control and Licensing Branch Policy]
SECTION 3 – LICENSING PROCESS
Page 14
Liquor Licensing Policy Manual
3.3.8.
Consideration of whether local governments or First Nation took into account all
of the criteria
The general manager may conclude that the local government or First Nation took into account all of the
criteria required by regulation, as in policy 3.3.2 or 3.3.3, if the resolution provides comments on each
criterion, or if the comments have been addressed in the staff report and are referenced in the resolution.
In the absence of a comment on each criterion, the general manager may conclude that the local
government or First Nation did not take into account all of the criteria as required by regulation.
[Liquor Control and Licensing Branch Policy]
3.3.9.
Consideration of local government or First Nation comments and
recommendations relating to an application for a liquor primary licence,
manufacturer lounge, or special event endorsement
In considering a resolution from a local government or First Nation, the general manager will determine
whether the comments and recommendations advanced are consistent with the facts presented or are in
any way perverse. This includes a determination of whether the recommendations:




Are consistent with public opinion;,
Raise a concern about the ratio of establishments to the population served;
Reflect consideration of relevant factors related to liquor licensing and not factors unrelated to liquor
licensing, such as the economic impact on individual pre-existing licensees; or
Are otherwise contrary to the public interest.
[Liquor Control and Licensing Act, sections 11.2(1) and 16(3); Liquor Control and Licensing
Regulations, section 18(5), Liquor Control and Licensing Branch Policy]
3.3.10.
Circumstances under which the local government or First Nation may be asked
for an amended resolution
If the general manager determines that the resolution from the local government or First Nation does not
comment on each criterion, as in policy 3.3.8, the general manager may ask the local government or First
Nation for additional information in the form of a new resolution.
[Liquor Control and Licensing Branch Policy]
3.3.11.
Circumstances under which the general manager will gather the views of
residents by referendum
If the general manager determines that the recommendations advanced in a resolution are contrary to the
public interest, the general manager will give residents of the area an opportunity to provide comments
respecting the application by way of a public referendum.
Notwithstanding policy 3.3.13 below, if a local government or First Nation does not provide a resolution,
or provides a resolution but fails to gather or comment on the views of residents, the general manager
may give residents of the area an opportunity to provide comments respecting the application by way of a
public referendum.
If 60% or more of the residents are in favour of the granting of the licence, the general manager will take
into account the criteria set out in policy 3.3.2 or 3.3.3 that a local government or First Nation would
otherwise have taken into account and determine whether the application passes the site and community
assessment. If less than 60% of the residents are in favour of granting the licence, the application will not
pass the site and community assessment.
[Liquor Control and Licensing Act, sections 11.2(1) through (4), and 16(3); Liquor Control and Licensing
Regulations, sections 18(15) through 18(20), Liquor Control and Licensing Branch Policy]
SECTION 3 – LICENSING PROCESS
Page 15
Liquor Licensing Policy Manual
3.3.12. Nature of a referendum held to gather the views of residents
In the event that a referendum must be held, as in policy 3.3.11, and in order to afford an opportunity for
residents of an area to comment on a licence application, the general manager may direct that a
referendum be held:


In a manner required by the general manager; and
At the applicant’s expense.
[Liquor Control and Licensing Act, section 11.2(2), Liquor Control and Licensing Regulations, section
18(18)]
3.3.13.
Circumstances under which the general manager will gather the views of
residents by receiving written comments in response to a public notice of the
application
If the local government or First Nation:



Has indicated that it does not wish to receive notice of an application;
Has indicated that it does not wish to provide comments on an application;
Does not reply to a notice of an application within ninety (90) days and no extension to the time has
been granted; or
 Provides a resolution but fails to gather or comment on the views of residents in accordance with the
regulations;
The general manager will generally direct the applicant to give public notice of the application to
residents in the area.
When determining whether the application passes the site and community assessment, the general
manager will take into account the views of residents as well as the criteria set out in policy 3.3.2 or 3.3.3
that a local government or First Nation would otherwise have taken into account.
[Liquor Control and Licensing Act, sections 11.2(5) and 16(3); Liquor Control and Licensing
Regulations, sections 18(16) through 18(18) Liquor Control and Licensing Branch Policy]
3.3.14.
Consideration of resolutions where a local government or First Nation fails to
comment on all of the criteria required by regulation
Where a local government or First Nation:


Provides a resolution that fails to comment on all of the criteria required by the regulations; and
Cannot or will not provide a corrected resolution as requested under policy 3.3.10;
The general manager may consider any comments provided by the local government or First Nation when
taking into account the criteria set out in policy 3.3.2 or 3.3.3. Branch staff will gather information on the
outstanding criteria by contacting the responsible local planning department.
[Liquor Control and Licensing Act, section 11.1, Liquor Control and Licensing Regulations, section 18,
and Liquor Control and Licensing Branch Policy]
3.3.15. Form and manner of public notice of the application
In the event that public notice of a licence application must be given, as in policy 3.3.13, reasonable
notice is given by:


Posting Notice of Intent signs in a form determined by the general manager for thirty (30) days;
Placing newspaper advertisements on two (2) occasions in local newspapers to inform the public of
the intent to establish a licensed facility or endorsement area at the specific location; and
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Liquor Licensing Policy Manual

Such other notification activities as may be approved by the general manager.
When a Notice of Intent sign is posted, photographs showing both the wording on the sign and its location
on the site will be taken by the licensee and submitted to the branch to ensure that the branch has a
permanent record of these aspects of the sign.
[Liquor Control and Licensing Act, sections 11.1(2)(c), 11.2(5)(b), and 16(3); Liquor Control and
Licensing Regulations, sections 10(4) and 18(18); Liquor Control and Licensing Branch Policy]
3.3.16. Public response radius when giving public notice of the application
In the event that public notice of a licence application is being advertised as in policy 3.3.15, residents
and businesses within a 0.8 kilometre (one half mile) radius of the proposed site have the opportunity to
comment in writing. Where there are few, if any, residents or businesses within this radius, a decision to
either increase the public notification radius or waive the requirement may be made by the general
manager. The decision will be based on the individual circumstances of each application.
Petitions will generally not be considered in ascertaining the residents’ views about an application.
Written comments will be accepted for one week following the end of the public notification period.
[Liquor Control and Licensing Act, sections 11.1(2)(c), 11.2(5)(b), and 16(3); Liquor Control and
Licensing Regulations, sections 10(4) and 18(10); Liquor Control and Licensing Branch Policy]
3.3.17. Written notification of decision following Site and Community Assessment
Written notification of the decision at the conclusion of the site and community assessment will be
provided to the applicant indicating:


Whether the application has passed the site and community assessment or been rejected; and
If rejected, the reasons for rejection.
The applicant will also be informed of and provided reasons for, any terms and conditions to be added to
the licence that are over and above those terms and conditions regularly imposed. The applicant will be
given time to respond to the addition of terms and conditions.
[Liquor Control and Licensing Branch Policy]
3.3.18. Extension of approval period
To permit adequate time for floor plan approval, while at the same time encouraging applicants to move
ahead at a reasonable rate, approval at the conclusion of the site and community assessment is valid for
six (6) months from the date it is granted. Applicants are expected to submit floor plans, have them
approved and receive approval in principle during this six (6) month approval period. In order to keep the
site and community assessment current, approval will only be extended beyond this period under
justifiable circumstances.
An applicant may request an extension of time by writing to the general manager. The general manager
may grant a request for a time extension provided the request is received thirty (30) days prior to the
expiry of the six (6) month approval period, and if satisfied that:




The request is reasonable;
The delays giving rise to the request are beyond the applicant’s control;
Where a third party is responsible for the delay, a letter from the third party outlining the current
status and schedule for completion should accompany the request for extension; and
There have been no significant changes in the characteristics of or impacts on the community in the
intervening time period.
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Liquor Licensing Policy Manual
The onus for obtaining an extension is on the applicant. If an extension request is not received prior to
the expiry of the six (6)-month period, the application will be terminated.
[Liquor Control and Licensing Branch Policy]
3.3.19. Opting out by local government/First Nation
Where a local government/First Nation chooses to opt out of providing comments and recommendations,
whether on a specific application or on all applications, they may do so by providing the branch with
either a resolution of counsel or a letter from a senior official. In this case, the branch will consider the
prescribed criteria and the views of residents required for licensing.
[Liquor Control and Licensing Act, section 11.1(5)]
3.4
Stage 4: Building Assessment and Issue of a Licence
Policy Rationale
The building assessment and, finally, issuing a licence is the last stage in the liquor licensing process for
all licence classes 12 . It is at this stage that the plans for a proposed licensed establishment are received,
reviewed, and – assuming they meet all relevant criteria – approved. Once approved and the building is
constructed according to plan, and provided all the criteria at other stages of the licensing process have
also been met, a liquor licence can then be issued.
F
F
As discussed in greater detail in the chapter on Premises, the physical characteristics of an establishment
affect how well licensees and their staff can manage areas licensed for the sale and consumption of liquor.
Therefore, these characteristics contribute to how well the general manager can perform the duty to
“supervise the conduct and operation of licensed establishments” under section 6(c) of the Liquor Control
and Licensing Act. This is the principal concern in the building assessment process.
In addition to the management and control considerations, however, there are a range of health and safety
concerns that the liquor licensing system is either designed to address, or that must be tackled through the
joint action of the Liquor Control and Licensing Branch and other provincial and municipal bodies. For
this reason, section 5 of the regulations gives the general manager the power to require certain approvals
by local government or first nation authorities prior to granting a liquor licence. The section specifies that
these include “any applicable zoning approvals”, but they may also include development permits and any
other approvals that may be required by local government or First Nation authorities.
The primary task at the building assessment stage is, then, reviewing the plans and later inspecting the
premises with a view to ensuring that there is compliance with all statutory and policy requirements.
Following the policies below, a series of guidelines have been developed to aid in the assessment of plans
for most types of licensed establishments at this stage in the licensing process. For the most part, these
guidelines speak to how well the physical layout of the building will contribute to the good management
of the establishment once it is built.
Another important task undertaken at this stage is setting the person capacity of the establishment. Policy
relating to this step largely addresses how public interest information — in particular, local community
information and the concerns of local government and First Nations — will be dealt with in deciding the
person capacity for the proposed licensed establishment. 13
F
Following the building assessment — and once the establishment is built — there remain only some
administrative tasks and the final observations to ensure that the commitments made so far on paper have
been realized in practice. With the exception of licence fee requirements in section 2 of the Liquor
12
13
A brief overview of the steps in the licensing process can be found in the introduction to this chapter.
See “Capacity” in chapter 6, “Premises”, for more specific public interest factors that must be taken into account in setting person capacity.
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
Control and Licensing Regulations, there are no specific provisions in the Act or regulations to guide this
final process. There are, primarily, four tasks undertaken. First of all, a liquor inspector inspects the
establishment to ensure that the construction is consistent with the approved plans. Second, the terms and
conditions of the licence are discussed with the applicant. Third, the administrative requirements for
issuing the licence are addressed. And last, the licence itself is issued to the new licensee.
Although the key decisions in licensing have already been made before these tasks are undertaken, the
importance of these final steps should not be underestimated. It is at this time that a relationship between
the liquor inspector and the licensee is established, and the opportunity arises to discuss the practicalities
of meeting the terms and conditions of the liquor licence. Often, it is this relationship between the liquor
inspector and the licensee, and certainly the degree of understanding the licensee acquires about the
operation of the establishment under the licence, that determines whether or not there will be enforcement
problems later on.
Policies
3.4.1.
Consideration of local government and First Nation approvals
In assessing whether it would be in the public interest to issue or transfer a liquor licence, the general
manager may require evidence of local government or first nation approvals in relation to the
establishment, including zoning approvals and any other approvals required by a local government or first
nation in relation to the establishment.
[Liquor Control and Licensing Regulations, section 5]
3.4.2.
Plan requirements for separate licensed areas
If the plans indicate that the proposed establishment will be divided, and there is a space between the
areas where liquor may not be present, then the plans must indicate these as separate licensed areas.
Areas outside the interior establishment, such as a patio, must also be represented in the plan as a separate
area. 14
F
[Liquor Control and Licensing Branch Policy]
3.4.3.
Review of plans for compliance with statutory and policy requirements
Licensing staff will review the architectural working drawings to ensure that all statutory and policy
requirements have been met in the design of the proposed licensed establishment. If these requirements
have been met, licensing staff will advise the applicant that the plans may be presented to local building
and fire authorities for approval.
[Liquor Control and Licensing Branch Policy]
3.4.4.
Marking on plans where liquor may be served and/or consumed
Liquor may be served and/or consumed only in the areas of the establishment marked on the floor plan as
approved for this purpose, commonly known as the redlined areas 15 . Areas within the redlined area may
include:
F

F
Interior stairwells moving from one area of the establishment to another;
14
If an occupant load cannot be determined for a patio, the patio must still be represented on the plans. The patio will become a term and
condition on the licence stating that there is approval for a designated patio as indicated on the floor plan.
15
Manufacturer endorsement areas are marked on the floor plans as follows:
Lounge – red-lined
Special Event Area – purple-lined
Picnicking Area – red-lined
Tour Area – orange-lined
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual



dance floors
Washrooms, provided that a patron does not need to walk through an unlicensed area, such as a hotel
lobby, to get to the washroom; and
The side of a liquor service bar facing patrons.
Areas that cannot be included within the redlined area include:



Common areas such as a hotel lobby;
A dedicated stage area for entertainers 16 ; and
Exterior stairwells.
F
F
[Liquor Control and Licensing Branch Policy]
3.4.5.
Review of plans for approval before building construction
Once the plans have received local building and/or fire approval for occupant load, applicants are required
to submit two (2) sets of architectural working drawings or plans of the proposed licensed establishment
for branch review. Upon receipt of the plans, licensing staff will examine the plans to confirm that:


The plans contain the necessary detail;
Square metres and person capacity details (patrons plus staff) are noted on the plan for each separate
area to be licensed 17;
Approval has been given by local fire and/or building authorities; and
The plans continue to meet branch policy.
F


The plans may then be examined against established guidelines for plans approval 18 to determine whether
they conform to the requirements of the liquor licence for which the applicant has applied.
F
F
[Liquor Control and Licensing Branch Policy]
3.4.6.
Setting person capacity during the original licence application19
After building and/or fire authorities have approved the plans for occupant load, the general manager
must set the person capacity of the establishment having regard to the:




Public interest 20;
Views of a local government or First Nation, if provided;
Person capacity requested by the applicant in the original application; and
Views of the applicant if the local government or First Nation has recommended a person capacity
less than that proposed by the applicant.
F
Licensing staff will identify any discrepancies between the occupant load determined by local building
and fire authorities and the capacity figure supported by the local government or First Nation. The
general manager may consider the following options in setting the person capacity:
A “dedicated stage area” is distinguished here from an area that is not visually distinct from the rest of the establishment and where entertainers
may, at various times, entertain. Professional entertainers may consume liquor while on stage provided they do not become intoxicated.
17
In some instances the square metres and person capacity details may not be available for each area of the establishment to be licensed, for
example, when the separation between the areas is not defined by a wall or other solid fixture. Under these circumstances, licensing staff may
need to request additional information from the applicant in order to ascertain the applicant’s plans for separation between the areas.
18
See guidelines later in this section for information on what to look for in reviewing plans submitted by the applicant.
19
See the section on “Capacity” in chapter 6, “Premises”, for more information about the person capacity of licensed establishments.
20
See “Capacity” in chapter 6, “Premises”, for more specific public interest factors that must be taken into account in setting person capacity.
16
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
Capacity Figure Considered and
Supported by the Local Government or
First Nation Relative to the Occupant
Load Determined by Local Building and
Fire Authorities
(a) capacity supported by local government
or First Nation = occupant load 
General Manager’s Options in Setting the
Person Capacity
•
•
capacity supported by local government or
First Nation > occupant load 
•
•
capacity supported by local government or
First Nation < occupant load 
•
set the person capacity at a figure equal to the
occupant load, and equal to that considered
and supported by the local government or
First Nation
set the person capacity at a figure equal to the
occupant load, and at a figure reduced from
that supported by the local government or
First Nation
determine if the capacity supported by local
government or First Nation is in the public
interest;
• if deemed to be in the public interest,
then will not set the person capacity, and
will ascertain whether the applicant
wishes to
• refer the application back to the
local government or First Nation
with a request that it be reconsidered and a new resolution
issued to address the discrepancy, or
• redesign the building in such a way
that the occupant load will be equal
to the capacity figure supported by
the local government or First Nation
• if deemed not to be in the public interest,
then may
• set the person capacity at a figure
equal to the occupant load, or
• set the person capacity at a figure
less than the occupant load, and
require that the applicant redesign
the building in such a way that the
occupant load will be equal to this
person capacity
[Liquor Control and Licensing Regulations, sections 6(1) through (3), Liquor Control and Licensing
Branch Policy]
3.4.7.
Bylaw limiting person capacity
A local government or First Nation may pass a bylaw limiting the capacity of a licensed establishment,
without reference to either the occupant load of the establishment or the person capacity determined by
the general manager. Where the bylaw capacity is less than the person capacity set by the general
manager for a licensed establishment, enforcement of the bylaw capacity shall be the responsibility of the
local government or First Nation.
[Liquor Control and Licensing Branch Policy]
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Liquor Licensing Policy Manual
3.4.8.
Notification of decision
If approval of the plans is not granted:



The applicant will be notified in writing and will be given the reasons why the plans were rejected,
One copy of the plans will be returned; and
The applicant will be advised that they may revise and resubmit the plans before the expiry date given
at the conclusion of the site and community assessment.
If approval of the plans is granted:



The liquor consumption area will be yellow-lined on the floor plan;
The plans that have been approved will be stamped as approved; and
The plans will be returned to the applicant with instructions that construction may proceed, subject to
any local approvals or permits that may be required.
[Liquor Control and Licensing Regulations, section 5; Liquor Control and Licensing Branch Policy]
3.4.9.
Extension of approval period
To permit adequate time for construction, while at the same time encouraging applicants to move ahead at
a reasonable rate, approval in principle is valid for twelve (12) months from the date it is granted.
Applicants are expected to construct, have the final inspection, and complete the licensing process during
this twelve (12) month approval period. In order to keep the approval in principle current, approval will
only be extended beyond this period under justifiable circumstances.
An applicant may request an extension of time by writing to the general manager. The general manager
may grant a request for a time extension provided the request is received thirty (30) days prior to the
expiry of the twelve (12) month approval period, and if satisfied that:




The request is reasonable;
The delays giving rise to the request are beyond the applicant’s control;
Where a third party is responsible for the delay, a letter from the third party outlining the current
status and schedule for completion should accompany the request for extension; and
There have been no significant changes in the characteristics of or impacts on the community in the
intervening time period.
The onus for obtaining an extension is on the applicant. If an extension request is not received prior to
the expiry of the twelve (12)-month period, the application will be terminated.
[Liquor Control and Licensing Branch Policy]
3.4.10. Inspection of premises
Upon notification from the applicant that all construction or building alterations are complete, the local
liquor inspector will:




Inspect the premises to ensure compliance with the approved floor plans and with all statutory or
policy requirements;
Take photographs to show the interior design of the premises and exterior signs;
Confirm the outline of the liquor consumption area on the floor plans; and
Advise the applicants that terms and conditions may be added to the licence to ensure that the
establishment complies with regulatory and policy requirements and identify potential concerns that
may warrant additional terms and conditions being added to the licence (if not already identified
during the site and community assessment).
[Liquor Control and Licensing Branch Policy]
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
3.4.11. Review of licence terms and conditions
The local liquor inspector will review the terms and conditions of the liquor licence with the applicant


At the time of inspection; or
In an information session for applicants, held as soon as possible after the inspection.
[Liquor Control and Licensing Branch Policy]
3.4.12. Final administrative requirements
At the time of inspection or at the information session, the local liquor inspector will obtain the licensee’s
signature on the Inspection Interview Information Sheet, and inform the applicant that they must forward
the appropriate licence fee by way of any of the payment options made available by the branch to the
Liquor Control and Licensing Branch Headquarters in Victoria. All licensing requirements must be met at
the time of final inspection or the licence will not be issued.
[Liquor Control and Licensing Branch Policy]
3.4.13. Licence notification
When a new licence number is issued, licensing staff will advise the appropriate persons or authorities, as
follows:




The applicant;
The local police;
In respect of a liquor primary licence, the local government or First Nation in the area where the
licensed establishment is to be located; and
The local liquor inspector.
[Liquor Control and Licensing Branch Policy]
Plans Approval Guidelines
Plans approval guidelines for liquor primary licensing
 Identify scale, occupant loads, and consistency with size in the original application.
 Identify primary features (kitchen/food supply, liquor service bar, outdoor patios, stages, dance floors,
entertainment, props, games and washrooms).
 Review plans for conformity with patio policy.
 Review plans for conformity with adjoining restaurant, adjoining unlicensed areas or other
businesses, and other use policies.
 Require side wall section drawings as necessary.
 Review for point of “off sales” (where permitted) and line of sight from liquor service bars
throughout the licensed areas.
 Identify and outline in yellow the areas where liquor will be sold, served and consumed.
Plans approval guidelines for food primary licensing
 Identify scale, occupant loads, and consistency with size in the original application.
 Identify primary features (kitchen, dining areas, outdoor patios, washrooms, liquor service bars, food
service bars, lounge areas, and banquet rooms).
 Review layout for consistency with food primary licence characteristics.
 Review plans for conformity with entertainment policies [video, stages, dance floors (size/location),
entertainment (karaoke, comedy, etc.), and games].
 Review kitchen and equipment to ensure consistency with food primary licence.
 Review plans for conformity with adjoining liquor primary, manufacturer, or other business and
unlicensed areas, and other use policies.
SECTION 3 – LICENSING PROCESS
Page 23
Liquor Licensing Policy Manual

Review plans for conformity with furnishings and equipment policies (bar stools, takeout areas and
other unlicensed areas, location of lounge area, liquor service bar versus other food bars).
Plans approval guidelines for licensee retail stores and wine stores
 For information on LRS plans approval, please refer to section 15.2.3. For information on wine store
plans approval, please refer to section 16.4.3.
Plans approval guidelines for liquor primary licensing of stadiums
 Identify scale, occupant loads, and consistency with size in the original application
 identify primary features for the specific facility (tiered seating and playing surface, dedicated
unlicensed seating area).
 Identify areas to be licensed, such as stands/bleachers, patios, liquor service areas, concessions, areas
for performers and athletes, corporate boxes, and concourses.
 Identify the stadium’s tiered seating areas to be designated as areas where the possession and
consumption of liquor is not allowed.
 Identify banquet or beer garden areas, ramps between seating levels, various concessions and any
associated dining establishments.
 Identify areas that may use glassware versus single use articles only and identify areas dedicated for
all types of liquor versus areas dedicated to restricted types of liquor.
For plans approval guidelines for manufacturers see section 17.8
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Liquor Licensing Policy Manual
LIQUOR PRIMARY LICENCE APPROVAL
PROCESS
Stage one: Application for a new licence
1. Applicant
 Completes application form and attaches
supporting documentation and fee
 Submits application to LCLB headquarters
2. Senior licensing analyst
 Receives and reviews application
 Determines whether the business carried on in
the proposed establishment is beverage
service, entertainment or hospitality
No
3. Senior licensing analyst
 Refers application to higher authority for decision
on whether to reject application
No
Yes
4. Senior licensing analyst
 Determines whether application is complete
No
Yes
5. Senior licensing analyst
 Sends letter to applicant requesting the
documents required to complete the application
 Holds application for 90 days to await receipt of
outstanding documents
 Determines whether application is complete
6. Senior licensing analyst
 Sends letter to applicant advising that
application complete
Yes
Determines
whether
application is
complete assessment
Stage
two:
Applicant
eligibility
7. Senior licensing analyst
 Obtains criminal record history and compliance
history
 Considers applicant suitability: fit and proper,
residency and age requirements, business
ownership and valid property interest, and tied
house circumstances
 Determines whether the applicant is eligible for a
liquor licence
No
8. Senior licensing analyst
 Refers application to higher authority for decision
on whether to reject application
Yes
Stage three: Site and community assessment
9. Licensing staff
 Prepares inspector site report and generates map
10. Liquor Inspector
 Conducts site visit
 Prepares site report
 When warranted and in consultation with licensing
staff, recommends the addition of terms and
conditions to licence if applicant is successful.
11. Senior licensing analyst
 Compiles information from site report and
application to prepare application summary
 Forwards application summary to applicant for
review and comment, and advises applicant they
have passed applicant eligibility assessment
 Incorporates applicant's comments
 Forwards application summary to local
government or First Nation
to page 2
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
12. Local government or First Nation
 Collects views of residents
 Considers regulatory criteria
 Provides resolution commenting on the regulatory
criteria and recommending whether the licence
should be issued
13. Senior licensing analyst
 Reviews resolution to ensure it is consistent
with regulation
 Prepares final application summary
14. General manager
 Considers entire application, including
resolution
 Determines whether to grant site and
community assessment approval
No
15. Senior licensing analyst
 Drafts decision letter for GM's signature
 Sends decision letter to applicant advising that
application rejected
Yes
16. Senior licensing analyst
- Drafts decision letter for GM's signature
- Sends decision letter to applicant advising that
application passed site and community assessment
Stage four: Building assessment and issue of a licence
17. Applicant
 Submits detailed floor plans
18. Senior licensing analyst
 Reviews floor plans
 Determines whether floor plans meet
regulatory and policy requirements
No
19. Senior licensing analyst
- Sends letter to applicant advising that floor
plans
must be revised and resubmitted
Yes
20. Senior licensing analyst
 Outlines liquor consumption area on floor plans
 Sends letter to applicant advising that
application has received approval in principle
 Returns approved floor plans to applicant
21. Applicant
 Informs liquor inspector that construction
completed
22. Liquor Inspector
- Inspects premises
- Determines whether premises are constructed in accordance with
approved floor plans
- Reviews licence terms and conditions with applicant
- Advises if any additional terms and conditions are warranted.
- Prepares final inspection report and submits to headquarters
23. Applicant
 Submits licence fee to LCLB headquarters
24. Senior licensing analyst
 Reviews inspection results
No
Yes
26. Senior licensing analyst
 Prepares approval letter
 Authorizes licensing staff to issue licence
25. Senior licensing analyst
Sends letter to applicant advising that premises
must be altered to comply with approved floor
plans and/or that additional terms and conditions
must be added to licence.
27. Licensing staff
 Sends approval letter and issues licence
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
FOOD PRIMARY LICENCE APPROVAL
PROCESS
Stage one: Application for a new licence
1. Applicant
- Completes application form and attaches
supporting documentation and fee
- Submits application to LCLB headquarters
2. Licensing
clerk
- Receives and reviews application
-
3. Licensing clerk
Determines whether the business carried on in
the proposed establishment is primarily food
service during all hours of its operation
No
A
-
Refers application to higher authority for
decision on whether to reject application
No
Yes
4. Licensing clerk
-
No
Determines whether application is complete
5. Licensing clerk
- Informs applicant of the documents required to
complete the application
- Holds application for 90 days to await receipt of
outstanding documents
- Determines whether application is complete
Yes
Yes
Stage two: Applicant eligibility assessment
6. Licensing clerk
- Obtains criminal record history and compliance
history
- Considers applicant suitability: fit and proper,
residency and age requirements, business
ownership and valid property interest, and tied
house circumstances
-
7. Licensing clerk
No
-
Refers application to higher authority for
decision on whether to reject application
Determines whether the applicant is eligible for a
liquor licence
Yes
8. Licensing clerk
-
Sends letter to applicant advising that application
has passed the applicant eligibility assessment
and advising applicant to contact liquor inspector
Stage three: Community impact assessment (only if applicant applying for endorsement
for patron participation entertainment and/or hours of liquor service past midnight)
9. Local government or First Nation
- Collects views of residents
- Considers regulatory criteria
- Provides resolution commenting on the regulatory
criteria and recommending whether the
endorsement should be issued
to page 2
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
10. Manager of Licensing Administration
- Reviews resolution to ensure it is consistent with
regulation
- Considers entire application
-
11. Licensing clerk
Yes
Determines whether issuing the endorsement
would be contrary to the public interest
-
Sends letter to applicant advising that
endorsement not approved
No
Stage four: Building assessment and issue of a licence
12. Applicant
-
Informs liquor inspector that construction
completed
13. Liquor Inspector
- Inspects premises
- Reviews floor plans, including occupant load
-
Determines whether premises are constructed in
accordance with regulatory and policy
requirements
No
14. Liquor Inspector
- Advises applicant that premises must be altered to
comply with regulatory and policy requirements or
- Advises applicant that terms and conditions may be
added to the licence to ensure that the establishment
complies with regulatory and policy requirements.
Yes
15. Liquor Inspector
- Outlines liquor consumption areas on floor plans
- Prepares final inspection report and submits report
and floor plans to LCLB headquarters.
16. Applicant
-
Submits fee to LCLB headquarters
17. Licensing clerk
- Reviews inspection results and floor plans
- Prepares approval letter
-
Sends approval letter and approved floor plans
and issues licence.
SECTION 3 – LICENSING PROCESS
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Liquor Licensing Policy Manual
3.5
Licence Amendments
Policy Rationale
In the same way that there is considerable involvement by local governments and First Nations in the site
and community assessment process, local governments and First Nations have a significant part to play if
an amendment to a licence may have an impact on the surrounding neighbourhood or the community in
which the establishment is located. The local government or First Nation must consider the potential for
noise and the impact on the community if the application is approved.
On the basis of these provisions in the Act and regulations, licence amendment policies primarily address
the manner in which notice to local governments and First Nations is to be given, and how the resulting
comments and recommendations are to be received and considered. Under some circumstances, the
branch may need to gather the views of residents in place of a local government or First Nation. The
policies also detail the manner in which this task will be undertaken.
Policies
3.5.1.
Notice to a local government or First Nation of an application to permanently
amend a liquor primary licence or manufacturer lounge or special event area
endorsement
Unless the local government or First Nation has indicated that it does not wish to receive notice, licensing
staff will ensure that a local government or First Nation is notified of an application to permanently
amend a liquor primary licence or a manufacturer lounge or special event area endorsement in respect of:
Revised
February
2013




An extension of hours of liquor service 21 ;
An increase in the person capacity 22 ;
An increase in the size of a special event area; and/or
The addition of a patio 23 .
F
F
F
F
F
F
The notice will set out the criteria established by regulation that the local government or First Nation must
take into account, including:


The potential for noise if the application is approved; and
The impact on the community if the application is approved.
[Liquor Control and Licensing Act, sections 11.3(1) and 16(3); Liquor Control and Licensing
Regulations, sections 53(2) and (4)]
3.5.2.
Notice to a local government or First Nation of an application to permanently
amend a food primary licence
Unless the local government or First Nation has indicated that it does not wish to receive notice, licensing
staff will ensure that a local government or First Nation is notified of an application to permanently
amend a food primary licence in respect of:


Liquor service hours ending after 12:00 a.m. 24 : and/or
Patron participation entertainment 25 .
F
F
F
F
21
See related policy on the factors taken into consideration in changing the hours of sale in section 5.1 Hours of Sale.
See related policy on the factors taken into consideration in changing the capacity of a licensed establishment in chapter 6 Premises, in
particular sections 6.2 Structural Alterations and 6.3 Capacity.
23
See related policy for adding a patio in section 6.4 Outdoor Patios.
24
See related policy on the factors taken into consideration in changing the hours of sale in section 5.1 Hours of Sale.
25
For a definition of “patron participation entertainment” and related policy, see 11.6.3.
22
SECTION 3 – LICENSING PROCESS
Page 29
Liquor Licensing Policy Manual
The notice will set out the criteria established by regulation that the local government or First Nation must
take into account, including:



The potential for noise if the application is approved;
The impact on the community if the application is approved; and
Whether the amendment may result in the establishment being operated in a manner that is contrary
to its primary purpose and, therefore, inconsistent with an establishment primarily engaged in the
service of food.
[Liquor Control and Licensing Act, sections 11.3 and 16(3); Liquor Control and Licensing Regulations,
sections 53(3) and (4)]
3.5.3.
Notice to a local government or First Nation of an application to temporarily
amend a licence
Licensing staff will ensure that a local government or First Nation is notified of an application to
temporarily amend a liquor primary licence or a manufacturer licence with a lounge or special event area
endorsement in respect of:




An extension of hours of liquor service;
An increase in the person capacity;
An increase in the size of a special event area; and
The addition of a patio.
Licensing staff will ensure that a local government or First Nation is notified of an application to
temporarily amend a food primary licence in respect of:


Liquor service hours ending after 12:00 a.m.: and
Patron participation entertainment.
The local government or First Nation may provide written comments indicating whether or not it objects
to the temporary amendment.
The local government or First Nation is not required to:


Provide comments in the form of a resolution: or
Gather the views of residents with respect to the temporary amendment.
The general manager will take any comments from a local government or First Nation into account when
determining whether to temporarily amend a licence.
[Liquor Control and Licensing Branch Policy]
3.5.4.
Determination of when notice of an application has been received by a local
government or First Nation
The local government or First Nation receiving notice of an application under policy 3.5.1 or 3.5.2 must
provide comments and recommendations within ninety (90) days of receiving the request, unless a further
period is authorized by the general manager.
Before licensing staff begin processing the licence amendment application, the applicant will be expected
to return to the Liquor Control and Licensing Branch Headquarters a copy of the notice that has been
date-stamped by the local government or First Nation. For the purposes of calculating the 90-day period
in which a response is expected, the notice is considered to have been received by the local government or
First Nation on the date stamped on the returned copy of the notice.
[Liquor Control and Licensing Regulations, section 53(7), Liquor Control and Licensing Branch Policy]
SECTION 3 – LICENSING PROCESS
Page 30
Liquor Licensing Policy Manual
3.5.5.
Requests for time extensions from local governments or First Nations
Should a local government or First Nation request a period of time greater than 90 days in which to
provide written comments regarding an application, the general manager may authorize a further period
after considering:




The reasons for the request;
The proposed date by which comments will be provided;
Any adverse effects the applicant may experience if a further period is authorized;
Whether the circumstances of the delay relate to the specific application under consideration, or
whether they suggest a general pattern of delay in respect of all applications in the area; and
 Such other factors as may be relevant in the public interest.
Any further period permitted by the general manager will be authorized in writing.
[Liquor Control and Licensing Act Regulations, section 53(7), Liquor Control and Licensing Branch
Policy]
3.5.6.
Recommendations on terms and conditions from local governments or First
Nations
A local government or First Nation may pass a resolution in which approval or support for a licence
amendment application is contingent on certain terms and conditions being attached to a liquor licence.
Under these circumstances, and if the application otherwise meets the requirements for amending a liquor
licence, the general manager will take the recommendations of the local government or First Nation into
consideration in determining the terms and conditions of a licence.
[Liquor Control and Licensing Branch Policy]
3.5.7.
Consideration of whether local governments or First Nation took into account all
of the criteria
The general manager may conclude that the local government or First Nation took into account all of the
criteria required by regulation, as in policies 3.5.1 and 3.5.2, if:



The resolution provides comments on each criterion; or
The resolution provides comments on each criterion, except the views of residents, as these are
deemed to be consistent with the community plan; or
If the comments have been addressed in the staff report and are referenced in the resolution.
In the absence of a comment described above, the general manager may conclude that the local
government or First Nation did not take into account all of the criteria as required by regulation.
[Liquor Control and Licensing Act, section 11.3(2)(c); Liquor Control and Licensing Regulations,
sections 53(4), (5) and (6); Liquor Control and Licensing Branch Policy]
3.5.8.
Consideration of local government or First Nation comments and
recommendations relating to an application to amend a licence
When assessing whether it would be contrary to the public interest to amend a licence, the general
manager shall consider any resolutions put forward by a local government or First Nation with respect to
a licence amendment application. In considering such resolutions, the general manager will determine
whether the comments and recommendations advanced in a resolution are consistent with the facts
presented or are in any way perverse. This includes a determination of whether the recommendations:


Are consistent with public opinion;
Reflect consideration of relevant factors related to liquor licensing and not factors unrelated to liquor
licensing, such as the economic impact on individual pre-existing licensees; or
SECTION 3 – LICENSING PROCESS
Page 31
Liquor Licensing Policy Manual

Are otherwise contrary to the public interest.
[Liquor Control and Licensing Act, sections 11.3(2) and 16(3); Liquor Control and Licensing Branch
Policy]
3.5.9.
Circumstances under which the local government or First Nation may be asked
for an amended resolution
If the general manager determines that the resolution from the local government or First Nation does not
comment on each criterion, as in policy 3.5.7, the general manager may ask the local government or First
Nation for additional information in the form of a new resolution.
[Liquor Control and Licensing Branch Policy]
3.5.10.
Circumstances under which the general manager will gather the views of
residents on an application to permanently amend a licence
If under policy 3.5.7, the local government or First Nation:


References a community plan that is not consistent with the application; or
Does not reference a community plan and

Has indicated that it does not wish to receive notice of an application, or

Has indicated that it does not wish to provide comments on an application, or

Does not reply to a notice of an application within ninety (90) days and no extension to the time
has been granted, or

Provides a resolution but fails to gather or comment on the views of residents in accordance with
the regulations.
If the general manager determines that the recommendations advanced in a resolution are contrary to the
public interest, the general manager will generally direct the applicant to give public notice of a
permanent amendment application to residents in the area.
When considering whether to amend the licence, the general manager will take into account the views of
those residents as well as the criteria set out in policy 3.5.1 or 3.5.2.
[Liquor Control and Licensing Act, sections 11.3(2)(c) and 16(3), Liquor Control and Licensing
Regulations, section 53(2), (3), (5), and (7); and Liquor Control and Licensing Branch Policy]
3.5.11. Form and manner of public notice of the application
In the event that public notice of an application is given, as in policy 3.5.10, reasonable notice is given by:



Posting Notice of Intent signs in a form determined by the general manager for thirty (30) days;
Placing newspaper advertisements on two (2) occasions in local newspapers to inform the public of
the intent to establish a licensed facility at the specific location; and
Such other notification activities as may be approved by the general manager.
When a Notice of Intent sign is posted, photographs showing both the wording on the sign and its location
on the site will be taken by the licensee and submitted to the branch to ensure that the branch has a
permanent record of these aspects of the sign.
[Liquor Control and Licensing Act, section 11.3(2); Liquor Control and Licensing Branch Policy]
3.5.12. Public response radius when giving public notice of the application
In the event that public notice of a licence application is being advertised as in policy 3.5.11, residents
and businesses within a 0.8 kilometre (one half mile) radius of the proposed site have the opportunity to
comment in writing. Where there are few, if any, residents or businesses within this radius, a decision to
SECTION 3 – LICENSING PROCESS
Page 32
Liquor Licensing Policy Manual
either increase the public notification radius or waive the requirement may be made by the general
manager. The decision will be based on the individual circumstances of each application.
Petitions will generally not be considered in ascertaining the residents’ views about an application.
Written comments will be accepted for one week following the end of the public notification period.
[Liquor Control and Licensing Act, section 11.3(2); Liquor Control and Licensing Branch Policy]
3.5.13. Written notification of decision about amendment application
When a decision has been made, written notification will be provided to the applicant indicating:


Whether the application for amendment has been approved or refused; and
If refused, the reasons the application was refused.
[Liquor Control and Licensing Branch Policy]
Revised
April
2013
3.5.14. Limitation on temporary changes to a licence
A licensee may apply for 4-6 temporary changes to their licence per year in total. The general manager
may make an exception to the limitation on the number of temporary change applications, depending on
the type of business, nature of the proposed event, impact on the community and/or other extenuating
circumstances.
[Liquor Control and Licensing Branch Policy]
3.6
Re-Application
Policy Rationale
If a licence for a particular site has already been refused, the applicant and/or the proposed site for a new
licensed establishment is considered not to have complied with the requirements of licensing; that is,
unless circumstances pertinent to the refusal the first time have changed.
For administrative purposes, a decision not to grant a licence remains active for a period of two years,
unless there is a demonstrable change in circumstances. This time period is based on the idea that, for at
least this length of time, the factors, such as community impact or support for the application, outside the
applicant’s control are unlikely to have changed substantially within that period of time.
After two years, a new application may be considered. Or, if the applicant can demonstrate that
circumstances relating to the original refusal have changed significantly, the general manager may agree
to consider a new application before the two-year period is up. The policies below guide the process by
which the general manager may make an exception to the two-year waiting period.
Policies
3.6.1.
Refusal to grant a licence effective for two years
Unless otherwise authorized by the general manager, a new liquor primary licence application for a site
with the same legal description as one previously refused will not be considered for a period of two (2)
years from the date of the original refusal.
[Liquor Control and Licensing Act, section 16(1)(d), Liquor Control and Licensing Branch Policy]
3.6.2.
Exception to two-year waiting period
The general manager may agree to accept a new application before the expiry of the 2-year waiting period
where the applicant demonstrates that:

The relevant regulations or policies have changed since the refusal; or
SECTION 3 – LICENSING PROCESS
Page 33
Liquor Licensing Policy Manual


Circumstances have changed significantly; and
The changed circumstances bear on the reasons for the refusal of the previous application.
[Liquor Control and Licensing Branch Policy]
3.6.3.
Effect of exception to two year waiting period
A decision to make an exception under policy 3.6.2 is not an indication that a new application is likely to
succeed. While the reasons an application for the site failed previously are relevant considerations and
should be addressed in the new application, the new application will be considered on its own merits and
will be subject to current legislation and policies.
[Liquor Control and Licensing Branch Policy]
3.7
Licence Renewals
Policy Rationale
Licences are issued for a fixed period. As the licence expiry date approaches, the branch will send a
renewal notice to licensees. A licensee who fails to renew their liquor licence by the expiry date stamped
on the face of their licence is no longer permitted to sell liquor at their establishment.
The branch will, however, renew a licence for a period of up to thirty days after the expiry date. After
thirty days, the licence will only be renewed under exceptional circumstances and, failing that, the
licensee may be obliged to apply for and obtain a new licence before they can sell liquor at their
establishment again.
Although all the factors considered at the time the licence was originally granted are not considered again
at the time of renewal, section 16 of the Act provides that “a licence must not be issued, renewed or
transferred ...” (emphasis added) where, in the general manager’s opinion, the applicant suitability and
public interest conditions have not been met. 26 Primarily, this means that any new convictions for a
federal, provincial, or municipal offence, or a poor enforcement record indicating a failure to comply with
the Liquor Control and Licensing Act and Regulations, may be sufficient reason not to renew a liquor
licence.
F
F
Policies
3.7.1.
Personal suitability factors affecting licence renewal
A licence may not be renewed where, in the general manager’s opinion, the licensee is unsuitable to hold
a liquor licence. The factors that the general manager will consider are outlined above in section 3.2.2.
[Liquor Control and Licensing Act, section 16, Liquor Control and Licensing Branch Policy]
3.7.2.
Site and community factors affecting licence renewal
On the general manager’s own motion or on receiving a complaint, and if there is reason to believe that
the factors considered in the original site and community assessment may have changed, the general
manager may decide to conduct a further assessment to determine whether a licence should be renewed.
[Liquor Control and Licensing Act, sections 20(1)(d) and 20(2); Liquor Control and Licensing Branch
Policy]
SECTION 3 – LICENSING PROCESS
Page 34
Liquor Licensing Policy Manual
3.7.3.
Applications for licence renewal received on or before the expiry date
A liquor licence expires on the expiry date stamped on the face of the licence. If accompanied by the
annual licence renewal fee, and pending consideration of the factors outlined in policy 3.7.1, an
application for licence renewal received on or before the expiry date will be processed without delay.
[Liquor Control and Licensing Act, sections 15(1) and 12(5), Liquor Control and Licensing Regulations,
section 55, Liquor Control and Licensing Branch Policy]
3.7.4.
Applications for licence renewal received within thirty days after expiry date
If accompanied by the requisite late application fee in addition to the annual licence renewal fee, and
pending consideration of the factors outlined in policy 3.7.1, an application for licence renewal may be
processed if it is received within thirty (30) calendar days of the expiry date.
[Liquor Control and Licensing Act, sections 15(1) and 12(5), Liquor Control and Licensing Regulations,
section 55, Liquor Control and Licensing Branch Policy]
Revised
December
2013
3.7.5.
Applications for licence renewal received more than thirty days after expiry date
Taking into account the factors outlined in policy 3.7.1, a licence, other than an agent licence, may be
reinstated if there are no changes to the ownership or layout of the establishment, there is no enforcement
action pending and it is within twelve (12) months of the expiry date of the licence. The reinstatement
application must be submitted with the requested documentation and the prescribed reinstatement, late
renewal and licence renewal fees.
An agent licence may be reinstated if the ownership of the business has not changed, there is no
enforcement action pending and it is within twelve (12) months of the expiry date of the licence.
The general manager may request the applicant provide written reasons why the licence should be
reinstated. If the licence reinstatement is not justified, the applicant must submit a new application and be
approved before liquor can be sold in the establishment.
[Liquor Control and Licensing Act, sections 15(1) and 12(5), Liquor Control and Licensing Branch
Policy]
SECTION 3 – LICENSING PROCESS
Page 35
Liquor Licensing Policy Manual
SECTION 4: Business Ownership
and Changes to a Licence
4.0
Introduction
The circumstances in existence at the time a liquor licence is originally issued do not necessarily remain
the same throughout the life of the licensed establishment. Businesses grow, diminish, or change in
character; owners change or move on; renovations are needed or building additions considered; and so on.
Since the changes may affect the operation of the licensed establishment, they may require a change in the
terms and conditions of the licence or a change to recognize the new ownership or physical character of
the establishment.
This chapter begins with a section about who has the authority to make various changes to a licence – that
is, who is the “change approval authority”. It should be noted that some of the licence changes for which
change approval authority is discussed here are detailed in other chapters. The final section of this
chapter covers valid interest in an establishment, whether that interest is through ownership, a lease or a
management contract. The remainder of this chapter is devoted to what could be called “miscellaneous”
changes to a licence, largely because they are brought about by alterations that do not generally change
the conduct or character of the establishment. Rather, they relate to changes in the legal name or
ownership of the establishment or to its location.
Topics in this chapter are organized under the following headings:






Change Approval Authority
Legal Name/Internal Ownership Changes
Sale of a Licensed Establishment
Relocation of a Licensed Establishment
Valid Interest in an Establishment, and
Dormant Licences.
4.1
Change Approval Authority
Policy Rationale
Section 3(1) of the Liquor Control and Licensing Regulations permits the general manager to “delegate
any of his or her powers, duties and functions under the Act and this regulation to one or more officers or
persons …” Section 4(2) of the Act states, further, that “the general manager must issue written directives
to the officers …”. In the absence of a formal delegation or a written directive, then, the general manager
must personally apply the rules and exercise discretion in carrying out the various requirements under the
Act and regulations.
In order to achieve administrative efficiencies in the licensing process, specific people and/or officers
have been authorized to approve changes when a change to an existing licence conforms to both statutory
and policy requirements and the general manager’s discretion is not exercised. For conforming
applications for temporary changes, and some permanent changes, it is simply more efficient to place the
authority to approve the changes in the hands of staff who are most directly involved with the
applications.
The following policies establish the broad rules by which change approval authority is applied, as well as
the circumstances under which an application should be made to the general manager for discretion to be
exercised. A flow chart providing an overview of the roles and responsibilities of licensing staff under
these policies can be found at the end of this section.
SECTION 4 – BUSINESS OWNERSHIP AND CHANGES TO A LICENCE
Page 1
Liquor Licensing Policy Manual
Policies
4.1.1
Authority to approve applications for changes to licences
Staff having the appropriate change approval authority may approve a change to a licence provided:


the change is permitted by the Act and regulations and is within policy guidelines, and
consideration has been given to the compliance histories of the licensee, of any new shareholder or
licensee, and of the establishment.
[Liquor Control and Licensing Act, section 4(2); Liquor Control and Licensing Regulations, section 3(1);
Liquor Control and Licensing Branch Policy]
4.1.2.
Applications for an exercise of discretion
The general manager may exercise discretion to approve or reject a change to a licence if:


the requested change is not prohibited by the Act or regulations, but not generally permitted by
policy; and/or
the licensee or establishment has an unsatisfactory compliance history.
An application for a change to a licence under these circumstances must be submitted in writing to the
general manager. The application must include sufficient information to allow consideration of whether
the details support an exception to the policy prohibition, and whether the requested change is contrary to
the public interest. Increased business or other financial burdens are generally not compelling when
considering whether the change is contrary to the public interest. Only the general manager or a person
designated by the general manager is authorized to approve or reject such an application.
The following applies to an application requesting the exercise of discretion to policy:






A detailed written submission providing compelling reasons why the request for discretion should be
approved must be submitted.
All documentation to support the request for discretion must be submitted together in one package;
the Branch will not consider additional materials submitted after a completed application is received.
The submission should explain in detail the unique circumstances that distinguish the applicant’s
situation from that of other licensees.
It is not sufficient for the applicant to simply argue in their written submission that they do not like
the policy, or the policy impairs their ability to do business in a manner that they would prefer.
If a staff report is prepared in regards to a request for discretion, the applicant will be provided with a
copy and will have two weeks to provide any comments before the request for discretion is
considered by the General Manager.
It generally takes a minimum of three months for the Branch to provide a written decision in response
to a request for an exercise of discretion.
[Liquor Control and Licensing Branch Policy]
4.1.3.
Statute barred change applications
An application for a change to a licence that is prohibited by the Act or regulations is statute barred and
cannot be considered for discretionary action by the general manager. Under these circumstances,
licensing staff will return the application to the applicant and advise them that their request is not
permitted under the Act or regulations.
[Liquor Control and Licensing Branch Policy]
SECTION 4 – BUSINESS OWNERSHIP AND CHANGES TO A LICENCE
Page 2
Liquor Licensing Policy Manual
4.1.4.
Change applications in which enforcement action is in progress
A change application will generally not be considered until any enforcement action, in progress at the
time of application, has been concluded and the relevance of the action has been determined.
[Liquor Control and Licensing Branch Policy]
Factors in determining the relevancy of a licensee’s compliance history in a
change application
The following factors shall be considered in determining whether the compliance history of the licensee
or establishment is relevant:
4.1.5.









whether there are any recent recorded incidents of non-compliance
whether non-compliance is alleged or proven in any of the incidents
any enforcement action taken in incidents of non-compliance
action the licensee has taken to resolve incidents of non-compliance
any change in ownership or management control of the establishment since the last incidents of noncompliance on record
number of inspections that have occurred in which no incidents of non-compliance were recorded
whether police or local government filed any complaints regarding the operation of the establishment
the impact of any incidents of non-compliance on the surrounding community, and
likelihood that the requested change will either lead to further non-compliance or assist in resolving
issues related to the non-compliance.
[Liquor Control and Licensing Branch Policy]
4.1.6.
Time span of compliance record relating to a change request
The time span of a compliance record that will be considered in relation to a licence change is:



the previous three years for applicants who currently hold a licence
the previous ten years for applicants who previously held a licence but who were not prohibited from
holding a liquor licence, and
the full span of the records retained by the Liquor Control and Licensing Branch for applicants who
were, at any time, prohibited from holding a liquor licence due to incidents of non-compliance.
[Liquor Control and Licensing Branch Policy]
SECTION 4 – BUSINESS OWNERSHIP AND CHANGES TO A LICENCE
Page 3
Liquor Licensing Policy Manual
Change Approval Authority (CAA) Roles and Responsibilities
Licence Applicant
Completes application
Licensing Clerk
Reviews to ensure application complete
Licensing Case Manager
Determines if application is conforming,
statute-barred or requires that discretion
be exercised
Conforming
and case manager is the CAA
Case Manager
1. approves form
2. provides applicant with
documentation
3. files copy
4.forwards originals to Head
Office
Statute-Barred
Case Manager
1. issues refusal letter
2. files copies
3. forwards originals to Head
Office
Licensing Clerk
1. updates system
2. mails revised licence if
applicable
3. files original documents
NOTE: This chart represents the procedural
flow of “request for change” applications for
which a Licensing Case Manager is, on the
face of it, the CAA.
Discretion to be Exercised
Case Manager
1. gathers all information
2. advises applicant, in writing of
forwarding to GM for
discretion
3. forwards original to
senior licensing analyst
Senior Licensing Analyst
1. gathers additional info
2. helps case manager
determine if application does
require discretion
3. confers with manager of
licensing to determine if
existing, but little known,
policy applies
4. prepares and presents report
for GM/DGM
GM or Deputy GM
exercises discretion
Senior Licensing Analyst
drafts decision letter for
approval or rejection
SECTION 4 – BUSINESS OWNERSHIP AND CHANGES TO A LICENCE
Page 4
Liquor Licensing Policy Manual
4.2
Legal Name/Internal Ownership Changes
Policy Rationale
The responsibility for all matters respecting a liquor licence is placed with the licensee personally.
Additionally, under sections 16(1)(b) and (c) of the Liquor Control and Licensing Act, a licence may not
be issued, renewed or transferred to a person who “is not the owner of the business …” or “is not the
owner or lessee of the establishment or portion of the establishment to be licensed”. Section 4(1) of the
Liquor Control and Licensing Regulations elaborates further on the lease requirements, stating that a
lessee must be “… under a lease that does not expire for at least 12 months after the date of issue or
transfer of the licence”.
Proof of ownership or lease – and of who is personally responsible for the conduct of the establishment
while licensed – is tied to the legal name of the licensee. This broad requirement guides the policies
behind four types of changes to a licence as a result of changes in a licensee’s legal name or the
composition of persons having a legal interest in an establishment: a change in the licensee’s name,
whether a sole proprietor, partnership, or corporation; an internal amalgamation; internal share transfers;
and the death or bankruptcy of a licensee.
For changes involving licensee names and amalgamations, there are no specific statutory provisions
guiding these changes apart from the broad requirement under section 16(1)(b) and (c) of the Act and
section 4(1) of the regulations, as already mentioned, and provision for the fees for such changes under
Schedule 1 of the regulations. The policies below define the nature of these changes and clearly state
those things only implied in the Act and regulations; that is, that the Liquor Control and Licensing Branch
should be informed in the event of a change in licensee name or corporate amalgamation. They also set
out the documentation accepted by the branch as legal proof of such changes.
For changes involving an internal transfer of shares, section 19 of the Act states that the general
manager’s approval may be required before a corporation transfers shares in its capital stock. Since
internal share transfers involve only a re-assignment of shares among the existing shareholders in the
licensed establishment, the general manager need not re-consider factors related to applicant suitability in
determining whether to approve such a transfer. 1 This, of course, is also true in the situation of a legal
name change or an internal amalgamation of companies within a licensee corporation. The policy
respecting internal share transfers specifies the need to acquire the prior approval of the general manager,
and outlines the documentation that should be forwarded along with a request for approval.
F
F
Finally, for licence changes resulting from the death or bankruptcy of licensees, section 21(2) of the Act
gives the heirs, executors, administrators or successors the powers and obligations of the licensee until the
expiration of the licence. The general manager may also renew the licence in their name for one year
after the expiration date. The policies applicable under these circumstances highlight the need to inform
the branch of the situation, and outline the documentation accepted by the branch as evidence of another
person’s right to act temporarily in place of the deceased or bankrupt licensee.
1
A somewhat different situation may exist with legal entity changes, for example, when an individual operating under a sole proprietorship
wishes to join with one or more partners and register the business as partnership. Under these circumstances, the general manager will need to reconsider factors related to applicant eligibility in determining whether to approve the change since the greater interest in the business no longer
lies with the person named in the original application. A similar situation may arise when a new company joins a licensee corporation. If the
addition of the new company significantly shifts the ownership of the licensed establishment so that the greater interest in the establishment no
longer lies with the companies named in the original application, the general manager will need re-consider applicant eligibility in determining
whether to approve the change. These situations are treated as licence transfers (see applicable policy under Change in Ownership or Sale of a
Licensed Establishment in this chapter).
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Policies
4.2.1.
Advice of licensee name change
In the event that the sole proprietor, partnership or corporation to whom a licence is issued legally
changes their name, the general manager must be notified. A change in licensee name involves a change
in the name of the person(s), organization, or business name under which the licensee operates the
licensed establishment, but no change in the status of the legal entity responsible for the debts and
liabilities incurred by the licensed establishment. 2
F
[Liquor Control and Licensing Act, section 16(1)(b) and (c); Liquor Control and Licensing Regulations,
section 4; Liquor Control and Licensing Branch Policy]
4.2.2.
Individual name change
In the event that the legal name of a person holding interest in a licence changes, the general manager
must be notified. The legal name of a person holding interest in a licence may change, whether as: a sole
proprietor; partner in a partnership; or an officer, director, or shareholder with a ten per cent or greater
interest in a licensee corporation (or holding company). If the change affects the face of the licence,
licensing staff will approve and issue an amended licence reflecting these changes in the legal name of the
person upon receipt of the necessary documents.
[Liquor Control and Licensing Branch Policy]
4.2.3.
Corporation name change
In the event that the legal name of a corporation changes, the general manager must be notified. The legal
name of a corporation may change when the corporation or the holding company of which it is a part
changes the name under which it operates. Licensing staff will approve and issue an amended licence
reflecting these changes in the legal name of a corporation upon receipt of the necessary documents.
[Liquor Control and Licensing Branch Policy]
4.2.4.
Notice of internal amalgamation 3
In the event of an internal amalgamation of companies within a licensee corporation, the general manager
must be notified. Upon receipt of the necessary documents, licensing staff will approve and issue an
amended licence certificate reflecting the new legal name of the licensee.
F
[Liquor Control and Licensing Act, section19 (1); Liquor Control and Licensing Branch Policy]
4.2.5.
Internal share transfer
A corporation may not complete an internal transfer 4 of shares in its capital stock without the prior
approval of the general manager. Upon receipt of the necessary documents, licensing staff will approve
F
F
2
Any change involving a change in the legal entity status of the licensee requires a licence transfer. See related policy in 4.3 Change in
Ownership or Sale of a Licensed Establishment.
3
An internal amalgamation involves the combining of two companies or corporate entities into one but results in no new shareholders – for
example, where a licensee corporation and one or more holding companies joins to operate under one name within the licensee corporation. An
external amalgamation involves the combining of two companies or corporate entities within one but does result in new shareholders – for
example, where an outside corporation is introduced into the licensee corporation along with new shareholders. External amalgamations are
treated as a licence transfer (see related policy under Sale of a Licensed Establishment). Approval of these amalgamations do not typically require
an assessment of applicant suitability as is true of external amalgamations; however, applicant suitability may be an issue if the amalgamation
results in an increase of any company’s or shareholder’s share percentage to 10% or more. Individuals holding less than 10% of voting shares or
holding on non-voting shares in the applicant company are required to provide only their full legal name and date of birth at the time of
application. However, the general manager may, at any time, require any and all shareholders to undergo a criminal record check.
4
An internal share transfer is any new assignment of shares within a private company holding a liquor licence (and any holding companies that
may be part of a licensee corporation) that does not involve a new shareholder or shareholders. Approval of these transfers do not typically
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the transfer of shares in the name of the licensee.
[Liquor Control and Licensing Act, section 19(2); Liquor Control and Licensing Branch Policy]
4.2.6.
Change in the officers of a club
Immediately after a change occurs in the officers of a club, the club must file a revised list of the top four
officers with the general manager. Licensing staff will update the licensee record reflecting the change of
officers in the club upon receipt of the revised list. Clubs that are non profit fraternal societies may file a
resident manager’s application at the same time as the change of table officers at no additional fee.
Criminal record history forms for a change in officers are required from the club president and resident
manager.
[Liquor Control and Licensing Regulations, section 51(2); Liquor Control and Licensing Branch Policy]
4.2.7.
Renewal of licence upon notice of death
In the event of the death of a licensee, the general manager must be notified. Upon receipt of the
necessary documents, licensing staff will approve and issue an amended licence with the name of the heir,
executor, or successor appended. The general manager may renew the licence with the name of the heir,
executor, administrator or successor appended, for a period of one year. By the end of the one-year
renewal period, a transfer application and appropriate documentation must be submitted to the branch and
the licence transferred into the name of the new owner of the business.
[Liquor Control and Licensing Act, section 21(2); Liquor Control and Licensing Branch Policy]
4.2.8.
Issue of amended licence upon notice of bankruptcy or receivership
In the event that a licensee declares bankruptcy or the business goes into receivership, the general
manager must be notified. Upon receipt of an application and the necessary documents, licensing staff
will approve and issue an amended licence with the name of the trustee (bankruptcy) or receiver
(receivership) appended. The trustee or receiver may operate the licensed establishment until the business
is sold and the branch can complete a transfer of licence ownership.
[Liquor Control and Licensing Act, section 21(2); Liquor Control and Licensing Branch Policy]
require an assessment of applicant suitability as is true of external share transfers (see related policy under Sale of a Licensed Establishment);
however, applicant suitability may be an issue if the internal share transfer results in an increase of any person’s share percentage to 10% or more.
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4.3
Change in Ownership or Sale of a Licensed Establishment
Policy Rationale
The rationale for the way the Liquor Control and Licensing Branch deals with licence transfers and
external share transfers is similar to that described earlier in this chapter under Legal Name/Internal
Ownership Changes. Since the responsibility for all matters respecting a liquor licence is placed with the
licensee personally, any change in the person or persons to whom a licence is issued changes the legal
understanding between the licenser and the licensee.
There is one key difference between these two types of changes to a licence. Changes in the licensee’s
legal name or the composition of ownership within a licensee corporation relate, largely, to changes in the
legal identity of the licensee. They are not a change in the person or persons to whom the licence was
originally issued. 5 The factors originally considered with respect to applicant suitability are unaffected in
such a situation. On the other hand, in ownership changes or the sale of licensed establishments, the
factors originally considered with respect to applicant eligibility are affected.
F
F
Under section 16(1) (b) and (c) of the Liquor Control and Licensing Act, a licence may not be issued,
renewed or transferred to a person who “is not the owner of the business …” or “is not the owner or
lessee of the establishment or portion of the establishment to be licensed”. Therefore, situations involving
new owners or shareholders require the general manager to assess the eligibility of these individuals – just
as was done at the time of the original application.
Section 21(1) of the Act further requires that a licence not be “transferred or otherwise dealt in or
disposed of without written consent of the general manager”. Sub-section (3) of this section goes on to
say “a licence is not transferable from one establishment to another or from one area in an establishment
to another without written consent of the general manager”. Essentially, there are two types of transfers
envisioned here that affect the ownership of the licensed establishment 6 : a licence transfer, involving
new ownership or new partners in a licensed establishment; and an external share transfer, involving the
addition of new individuals or corporations to the ownership mix of the licensed establishment 7 .
F
F
F
F
Section 19(1) of the Act sets out the requirement for directors, officers or employees of a corporation to
produce particulars of the officers and shareholders of a corporation at the time they apply for a transfer
of ownership – if requested to do so by the general manager. Section 19(2) further requires that the
corporation first acquire the general manager’s approval before actually transferring the shares in its
capital stock.
Similar requirements apply to clubs with liquor primary licences. A liquor licence is granted to a
particular organization made up of individuals having a specific aim and objective. Section 24 of the Act
specifies that, if a club ceases to exist, the liquor licence is void and a voided licence cannot be
transferred.
Finally, under section 17(1) of the Act, a licensee may not allow another person to use their licence unless
the general manager approves such an arrangement. So that the sale or lease of a licensed establishment
is not held up an unreasonable length of time, the general manager has issued a general policy permitting
a new owner to use the previous owner’s liquor licence for up to six weeks while the documentation
necessary to officially transfer the licence is prepared.
5
With respect to the death or bankruptcy of a licensee, the licence amendment reflects the authority of the executor, administrator or trustee in
bankruptcy to act temporarily in place of the person to whom the licence was issued. It is not, then, a transfer of the licence to another person.
6
Another kind of licence transfer, involving a change in the physical position of a licensed establishment, is discussed in the section on
Relocation of a Licensed Establishment.
7
For related discussion and policy on internal share transfers, see the section on Legal Name/Internal Ownership Changes.
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Policies
4.3.1.
Definitions applicable to a change in ownership or sale of a licensed
establishment
For the purpose of policies respecting the change in ownership or sale of a licensed establishment:


a licence transfer involves an assignment of the licence to the new or partially new ownership of a
licensed establishment, or to any new partners in a partnership that owns a licensed establishment,
and
an external share transfer occurs when a new shareholder has entered the corporate licensee that
owns or has an interest in a licensed establishment. 8
a change in legal entity status involves a change in the person(s), organization, or business legally
responsible for the debts and liabilities incurred by the licensed establishment.
F

[Liquor Control and Licensing Branch Policy]
4.3.2.
Licence not transferable without general manager’s consent
A licence:


shall not be transferred or otherwise dealt in or disposed of, and
is not transferable from one establishment to another or from one area in an establishment to another
without the written consent of the general manager.
[Liquor Control and Licensing Act, section 21(1) and (3)]
4.3.3.
Corporate transfers of licence or shares
The general manager may require that a corporation:


if privately owned, provide particulars of the officers and shareholders at the time an application is
made to transfer a licence to it, or at other times during the term of the licence, or
acquire the prior approval of the general manager before transferring shares of its capital stock.
[Liquor Control and Licensing Act, section 19(1) and 19(2)]
4.3.4.
Applicant eligibility
In all licence transfers, external share transfers, and changes in legal entity status requiring a licence
transfer, the general manager may assess the eligibility of the transfer applicant in the same manner as is
done at the time of a new application for a licence.
[Liquor Control and Licensing Act, section 16(1); Liquor Control and Licensing Branch Policy]
4.3.5.
Addition or deletion of partners
The addition or deletion of partners to a partnership is treated as a licence transfer 9 , and is subject to the
general manager’s approval. This may occur when a new partner joins the partnership, a partner dies, a
partner wishes to withdraw, or there are any other changes in the makeup of the partnership. All new
partners added to a partnership licensee are subject to an applicant eligibility assessment.
F
8
F
For discussion and policy on internal share transfers, see section 4.2 Legal Name/Internal Ownership Changes .
9
A partnership dissolves when the partnership is either increased or reduced in number, and the legal entity status of a partnership changes as a
result. A licensee is required to apply for a licence transfer when this occurs, or in the event of any other change to the legal entity status of their
business.
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[Liquor Control and Licensing Act, section 16(1); Liquor Control and Licensing Act Regulations, section
4(1); Liquor Control and Licensing Branch Policy]
4.3.6.
Addition or deletion of shareholders
The addition or deletion of shareholders is treated as an external share transfer, and is subject to the
general manager’s approval. All shareholders added to a corporate licensee, holding 10% or greater
interest in the licence, are subject to an applicant eligibility assessment.
[Liquor Control and Licensing Act, section 16(1); Liquor Control and Licensing Act Regulations, section
4(1); Liquor Control and Licensing Branch Policy]
4.3.7.
Licence and external share transfers involving licensees of another licensed
establishment
In licence or external share transfer applications where the new owners or shareholders are currently the
licensees of another licensed establishment, have previously had an association with a licensee, or held a
licence, the general manager may undertake a review to:


ensure compliance with existing legislation and policy, and
identify any term or condition of the licence that is not transferable to the new owners or
shareholders.
[Liquor Control and Licensing Act, section 16(1); Liquor Control and Licensing Branch Policy]
4.3.8.
Club licences not transferable
A liquor primary club licence may not be transferred under any circumstances. A licence will be
considered void when the club ceases to exist or when the membership dissolves the organization or
returns its charter.
[Liquor Control and Licensing Act, sections 21(1) and 24; Liquor Control and Licensing Branch Policy]
4.3.9.
Temporary permission to use a licence pending a transfer
When a licensed establishment is sold in whole or in part, whether by sale of assets or sale of shares, the
general manager may permit the new owner to use the previous owner’s liquor licence for up to six weeks
while the new owner assembles the documents required to meet branch requirements for the transfer of
ownership. The general manager will not approve a licence transfer if the new owner or shareholder has
been previously found not to be “fit and proper” to hold a liquor licence.
[Liquor Control and Licensing Act, sections 16(1)(a) and 17(1); Liquor Control and Licensing Branch
Policy]
4.4
Relocation of a Licensed Establishment
Policy Rationale
As becomes evident through the licence application process, there are three key requirements in the
granting of a liquor licence: the personal suitability of the applicant, the suitability of the site for the
proposed establishment, and the design and construction of the licensed establishment. 10 If any of these
things change significantly after the licence has been granted, the factors considered at the time of the
original application must be re-considered. Several of the earlier sections in this chapter refer to changes
F
10
For a fuller discussion of these requirements, see the chapter on Licensing Process.
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Liquor Licensing Policy Manual
in the “person”, largely through a change in the ownership of an establishment. A relocation, on the other
hand, is a change in the establishment – if only in the physical situation of the establishment and not its
character.
Section 21(3) of the Liquor Control and Licensing Act specifies that “a licence is not transferable from
one establishment to another or from one area in an establishment to another without written consent of
the general manager”. This section indicates, then, that there are two types of relocation: a relocation to a
new address, and a relocation at the same address. The first of these, relocation to a new address, draws
into consideration the same broad range of site and community assessment criteria considered at the time
of an original application. Under section 16(3) of the Act, “a licence shall not be ... transferred ... where,
in the general manager’s opinion, it would be contrary to the public interest”. For this reason, then, and
so that all the relevant information is provided and fully explored, the process for notifying and acquiring
a resolution from the local government or First Nation will be followed when assessing an application for
relocation.
If, however, the relocation to a new address is unlikely to change the site and community assessment
factors – for instance, the relocation is within close proximity to the existing location – the general
manager may consent to the existing licence being transferred to the establishment at the new location.
Of course, this consent still depends on the approval of the plans for the licensed area in the new building,
an assessment of any local concerns about the relocation, and any other relevant factors the general
manager may consider to be important.
The second type of relocation, relocation at the same address, is treated as a structural alteration 11 . This is
because a change of this sort generally does not impact on the assessment criteria applied at the time of
the original application. Instead, the relevant factors relate to whether the physical dimensions and layout
of the relocated establishment help or hinder staff in effectively managing the licensed area. Consent of
the general manager for this kind of relocation, therefore, is based on the same type of information that is
provided for approval requests for structural alterations.
F
F
For the relocation of a caterer’s business location, see section 14.3.4.
For the relocation of a licensee retail store, please see section 15.2.
For the relocation of a wine store, see section 16.4.
For the relocation of a UBrew/UVin, see section 18.2.5.
Policies
4.4.1.
Licence for a re-locating establishment not transferable without general
manager’s consent
A licence is not transferable to an establishment that has been relocated to a new address, or to an
establishment or licensed area within an establishment that has been relocated at the same address,
without the written consent of the general manager.
[Liquor Control and Licensing Act, section 21(3); Liquor Control and Licensing Branch Policy]
4.4.2.
Definition of relocation
For the purposes of policy 4.4.1, the relocation of a licensed establishment may be defined as:


11
relocation to a new address - any change in the legal description or the civic address of the premises
to which a liquor licence has been granted, or
relocation at the same address - any change in the location of the premises or the licensed area within
the premises at the same legal description or civic address to which a liquor licence has been granted.
See related policies under Structural Alterations in the chapter on Premises.
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[Liquor Control and Licensing Branch Policy]
4.4.3.
Relocation to a new address
Before consenting to the transfer of a licence for an establishment relocating to a new address, the general
manager may consider whether factors pertinent to the site and community assessment are affected by the
relocation. 12 Where these factors may be affected, the licensee will be asked to submit the transfer
application to a new site and community assessment. Once the application has passed the assessment, or
in an application where the relevant site and community factors are not affected, the general manager may
give written consent to the transfer of the licence if:
F




F
the plans for the establishment at the new address are approved
the applicant has demonstrated a valid interest in the proposed location
the applicant retains a valid interest in the currently licensed site until the application receives site and
community assessment approval or the equivalent
if for a liquor primary establishment, manufacturer lounge, or special event area, the views of the
local government or First Nation, obtained by way of a resolution, support the relocation 13 , and
any other relevant factors are satisfactorily addressed.
F

F
[Liquor Control and Licensing Act, sections 16(3) and 21(3); Liquor Control and Licensing Branch
Policy]
4.4.4.
Relocation at the same address
Before consenting to the transfer of a licence for an establishment or the licensed area of an establishment
relocating at the same address, the general manager may consider the same factors as are considered in a
request for structural alteration. 14
F
[Liquor Control and Licensing Act, sections 6(c), 20(1)(e), and 21(3); Liquor Control and Licensing
Regulations, section 7; Liquor Control and Licensing Branch Policy]
4.4.5.
Relocation of a liquor primary establishment
The general manager may approve an application to relocate a liquor primary establishment provided the
proposed new location:


is within the same community as the existing establishment; and
is within a reasonably close distance from the existing establishment
and meets site and community assessment requirements in policy 4.4.3.
A community is not necessarily synonymous with the same local government or First Nation jurisdiction.
In general, to meet the requirement of “same community,” the relocation will be within the publicly
recognized area in which the establishment is already located (e.g. the commercial core of a town or
within a residential neighbourhood).
In determining whether the proposed location is within a “reasonably close distance”, the general
manager will consider whether the location is within comfortable walking distance from the existing
establishment.
[Liquor Control and Licensing Regulations, section 8(4) and Liquor Control and Licensing Branch
Policy]
12
Site and community assessment factors include those factors relating to community characteristics and impact and to local government/First
Nations input, as itemized in the policies under Site and Community Assessment in the chapter on Licensing Process.
13
The general manager may stipulate the format of the local government resolution.
14
See section 6.2.3 Structural Alterations in the chapter on Premises.
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4.5
Valid Interest in an Establishment
Policy Rationale
Public interest concerns that liquor licence applications are dealt with through a fair and transparent
process, and considerations of applicant suitability, are the roots of the policies governing valid interest in
an establishment.
As discussed in the earlier sections “Legal Name/Internal Ownership Changes” and “Change in
Ownership or Sale of a Licensed Establishment”, a liquor licence is linked both to the licensee personally
and to the establishment physically. Section 16(1)(b) of the Liquor Control and Licensing Act requires, as
one feature of applicant suitability, that the applicant be the owner of the business carried on at the
establishment for which the licence is sought. In addition to requiring ownership of the business, section
16(1)(c) of the Act requires that the applicant have a valid interest in the establishment, by prohibiting the
granting of a licence to a person who is not either the owner or the lessee of the establishment. Section
4(1) of the Liquor Control and Licensing Regulations further clarifies that the person must be either the
owner of the establishment or hold a 12-month lease for it.
In other words, a liquor licence applicant must be both the owner of the business and the owner or lessee
of the establishment at which the business is carried on. Together, these two elements constitute valid
interest in an establishment.
Under sections 17(1) and (2) of the Act, another person must not use a licence without the general
manager’s approval. The general manager has approved lease or management arrangements with third
parties, typically in recognition of the complexities of management in large, multi-use facilities such as
hotel resorts, stadiums, recreation centres, or wineries. In any event, the statutory requirements that the
licensee both own the business and own/lease the property must be met.
The following policies focus on the requirement to provide documentary evidence of valid interest in the
property and on the process and documentation required for approval of a lease or management contract
with third parties.
Policies
4.5.1.
Establishment ownership or leasehold
A licence shall not be issued, renewed or transferred to a person who, in the general manager’s opinion, is
not the owner or lessee of the establishment or portion of the establishment to be licensed. Prior to
issuing or transferring a licence, the general manager may require that appropriate documents be provided
as evidence of:


ownership of the establishment, or
a lease that does not expire for at least twelve (12) months after the date of issue or transfer of the
licence.
Prior to renewing a licence, the general manager may require that appropriate documents be provided as
evidence that the licensee is the owner of the establishment, or that the licensee holds a lease of a duration
that is satisfactory to the general manager.
Valid interest in a property may include percentage rent or profit sharing agreements within a lease, sublease or assignment of lease.
Loss of valid interest in the establishment is reason for the general manager to consider cancelling the
licence.
[Liquor Control and Licensing Act, section 16(1)(c); Liquor Control and Licensing Regulations, sections
4(1) and 4(2); Liquor Control and Licensing Branch Policy]
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4.5.2.
Disputes regarding the validity of a lease
In the event of a dispute between a lessor and lessee as to the continuing validity of a lease, the general
manager will require the disputing parties to obtain a court order to determine whether the lease is null
and void despite the terms on the face of the lease.
[Liquor Control and Licensing Branch Policy]
4.5.3.
Documents in the name of the licensee
Evidence of valid interest in the property as specified in policy 4.5.1 will be in exactly the same name as
the person(s) or corporation to whom the licence has been or will be issued.
[Liquor Control and Licensing Branch Policy]
4.5.4.
Proof of valid interest in property during licensing process
Prior to licensing, the general manager may require an applicant to demonstrate valid and continuing
interest in the property at each approval stage of the licensing process.
[Liquor Control and Licensing Branch Policy]
4.5.5.
Management contracts with third parties
A licensee shall not allow another person to use his licence without having first obtained the written
approval of the general manager. The general manager may approve a management contract for the
operation of:
Revised
February
2013






liquor primary establishments, other than liquor primary clubs
food primary establishments,
catering licences,
manufacturing establishments, on-site stores, manufacturer lounges, and special event endorsement
areas,
licensee retail stores, and
wine stores
provided the terms and conditions of the licence are met and provided the licensee continues to be
accountable for the overall operation of the facility of which the licensed area is a part.
[Liquor Control and Licensing Act, section 17(1) and (2); Liquor Control and Licensing Regulations,
section 4(1); Liquor Control and Licensing Branch Policy]
4.6.
Dormant Liquor Primary Licences
Policy Rationale
There are no minimum use requirements for liquor licences. Consequently, licensees may continue to
hold liquor licences even if their establishments cease operation for reasons such as fire damage or
financial difficulty. These inactive licences are referred to as “dormant liquor licences”.
Although dormant liquor licences remain subject to the same legislative and policy requirements as active
licences, there are potential negative impacts associated with dormant liquor primary establishments. For
example, since the regulations require that consideration be given to the number and density of existing
liquor primary licensed establishments when deciding whether to approve a liquor primary licence for a
particular location, the existence of a dormant licence could contribute to the denial of a new licence
application. Additionally, dormant establishments may reopen in areas that experienced a change in
community standards during the dormancy, resulting in complaints from residents who did not know or
had forgotten that the establishment was in their neighbourhood.
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The identification and monitoring of dormant liquor primary licences therefore assists in meeting the
general manager's statutory obligations to consider the public interest when renewing liquor licences
under section 16(3) of the Liquor Control and Licensing Act, and to supervise all licensed establishments
in the province under section 6(3) of the Act.
Policy
4.6.1.
Definition of dormant licence and application of policy
Dormant licence means a liquor licence held by an establishment (other than a seasonally-operated
establishment) which is closed all or most of the time, and which may or may not reopen for business in
the future. Policies directing that these establishments be reported and monitored will apply only in
respect of liquor primary, food primary and licensee retail store establishments.
[Liquor Control and Licensing Branch Policy]
4.6.2.
Compliance with the Act, regulations, and terms and conditions of the licence
If an establishment ceases operation but continues to hold a liquor licence, it must continue to comply
with the Liquor Control and Licensing Act and regulations, and the terms and conditions of that licence.
The establishment cannot operate as another business during the time the licence is dormant. When a
dormant licence is suspected, a liquor inspector will verify that the establishment is closed and determine
if it is in compliance with the Act, regulations, and terms and conditions of its licence.
[Liquor Control and Licensing Act, sections 16(1)(d) and 20(1)(a)]
4.6.3.
Reporting and monitoring dormant licences
Liquor inspectors will report all dormant liquor primary licences to the Licensing Division. Once
verified, all dormant licences will be assigned a "dormant" status on the branch database. Should an
establishment again re-open or show signs of regular business activity, liquor inspectors will notify the
Licensing Division of changes to the dormant status of the establishment.
[Liquor Control and Licensing Branch Policy]
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Liquor Licensing Policy Manual
SECTION 5: Hours of Operation
5.0
Introduction
The hours during which a licensed establishment can sell or serve liquor is a key consideration at the time
of licensing and later, as a condition of licensing, it continues to be monitored as long as the licence is in
effect. In addition to the specific details about hours of sale, discussion of this topic also provides a
particularly good illustration of the site and community assessment factors the general manager and local
government or First Nations must consider in exercising discretion.
Temporary changes to liquor service hours:
Licensed premises are always licensed so that at any hour of any day the general manager retains statutory
and supervisory authority over the premises. In most cases a liquor licence is issued for a year and it
authorizes the licensee to sell and serve liquor on the days and times set out on the licence (the “liquor
service hours”), subject to the terms and conditions of the licence. The terms “temporary de-licensing”
and “temporary suspension” (the terms may be applied interchangeably), used frequently in the Guides
and the Licensing Policy Manual, refer not to the licence itself, because the establishment is always
licensed, but to the authorization to sell liquor. If a request for temporary de-licensing/suspension is
approved, it is not that the premises are temporarily not licensed or that the licence is suspended but rather
that the liquor service hours have been changed. (See particularly 5.2 and 5.3 below.)
Note: A temporary suspension to allow for alternate use (5.2 and 5.3, below) must not be confused with a
suspension of a licence as a result of an enforcement action. While suspended as a result of enforcement
action, the licensee must not sell liquor, no other licence may be substituted and no applications for
temporary or permanent change to the licence will be entertained.
Although the licence specifies the days and times when liquor can be sold, licensees can choose not to
serve or sell liquor during some of these time periods. If, however, a licensee wants to do something
outside of what is permitted by the licence, the licensee must apply for a temporary delicensing/suspension, i.e. a temporary change to the liquor service hours and/or the terms and conditions
of the licence. (See 5.2 and 5.3 below.)
Temporary de-licensing/suspension is permitted only occasionally (in the order of 4-6 times a year) – if
the venue has to de-license frequently that would raise questions whether the venue should be licensed at
all, have a different type of licence or have different permanent hours of liquor service.
This chapter includes the following sections:



Hours of Sale
Special Events, and
Alternate Use.
For hours of sale applicable to catering licences or catering endorsements, see section 14.8.5 (catered
events) and 14.9.3 (residential events).
For hours of sale applicable to UBrew/UVins, see section 18.3.4.
5.1
Hours of Sale
Policy Rationale
The hours during which a licensed establishment is open for the sale of liquor is one of the factors having
a significant impact on the surrounding residents and businesses in a community. For this reason,
SECTION 5 – HOURS OF OPERATION
Page 1
Liquor Licensing Policy Manual
particular attention is paid to hours of sale both in the legislation guiding liquor licensing and in the way
the general manager exercises discretion in this area.
The hours of sale for liquor primary establishments, food primary establishments, and licensee retail
stores are set by regulation in sections 9(b), 11(2)(c), and 14(1)(b) of the Liquor Control and Licensing
Regulations. 48 The hours of sale for manufacturer lounge and special event areas endorsements are set by
regulation in section 18(3) and manufacturer picnic and tour area endorsements by section 18.1(8). Each
of the applicable provisions contains the words “subject to limitation by the general manager”.
Additionally, under section 12(3)(c) of the Liquor Control and Licensing Act, the general manager has the
authority to impose terms and conditions that “limit the days and hours that an establishment is permitted
to be open for the sale of liquor” if such limitations are in the public interest. The operative word in both
sections 12(3)(c) of the Act and the relevant sections of the regulations is “limit” – the general manager
may limit, but not expand the number of hours during which an establishment may sell liquor beyond that
specified in the regulations.
F
F
Other important words in section 12 of the Act are contained in the phrase “in the public interest” – the
terms and conditions imposed by the general manager must be done in light of the pertinent public
interest considerations. Section 53(4) of the regulations sets out three specific public interest criteria a
local government or First Nation must take into account in providing comments to the general manager in
respect of an application to extend the hours of a licensed establishment. These are: the potential for
noise if the application is approved; the impact on the community if the application is approved; and, if in
relation to a food primary establishment, whether the hours of liquor service may result in the
establishment being operated in a manner that is inconsistent with an establishment primarily engaged in
the service of food. Additionally, there is a range of other public interest factors established by branch
policy that the general manager may also consider. 49
F
For the most part, the considerations here are the same as those relating to community characteristics and
impact examined during the initial licensing process. 50 It is through consideration of these factors,
therefore, that the unique circumstances of the individual case can be accommodated and the best “fit”
found between the licensed establishment and the community in which it conducts its business.
F
F
The policies below stipulate both the nature of these public interest considerations and the general
authority guiding the days and hours of sale for licensed establishments. Additionally, there are policies
setting out the requirements for temporarily or permanently changing opening or closing hours. The table
“Hours of Sale by Licence and Establishment Type” at the end of this section shows the hours of sale and
any general manager’s limitations for a specific category of licence or type of establishment. The table
outlines policy as it is generally applied; however, application may vary depending on the individual
circumstances of each licence.
Policies
5.1.1.
General conditions in setting the hours of sale
Subject to a limitation by the general manager in the licence, the days and hours an establishment is
permitted to be open for the sale of liquor shall be those established by regulation. 51
F
[Liquor Control and Licensing Act, section 12(3)(c); Liquor Control and Licensing Regulations, sections
9(b), 11(2)(c), 14(1)(b), 18(3), and 18.1(8)]
See table entitled ‘Hours of Sale by Licence and Establishment Type’ for the duration and maximum hours of sale applying to each licence
class and type of establishment, the specific reference in the regulations, and any restrictions set by the general manager.
49
See policy 5.1.2, below.
50
For a fuller discussion of the principles that guide the general manager’s decision making in the public interest, see the section on Operating
Environment in the General Information chapter and later in the chapter on Licensing Process.
51
See table entitled ‘Hours of Sale by Licence and Establishment Type’ for the duration and maximum hours of sale applying to each licence
class and type of establishment, the specific reference in the regulations, and any restrictions set by the general manager.
48
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Liquor Licensing Policy Manual
5.1.2.
Factors considered in the public interest in setting the hours of sale
The general manager may impose, in the public interest, terms and conditions that may limit the days and
hours an establishment is permitted to be open for the sale of liquor. In determining the days and hours of
liquor service, for new and existing licences, the factors considered will include those considered by a
local government or First Nation in relation to a licence amendment respecting hours of liquor service 52
as follows:
F










F
the potential for noise if the application is approved
the impact on the community if the application is approved, and
if a food primary establishment, whether the amendment concerning the hours of liquor service may
result in the establishment being operated in a manner that is contrary to its primary purpose and,
therefore, inconsistent with an establishment primarily engaged in the service of food.
Additional factors that may be considered in the public interest include:
location of the licensed establishment
hours of operation applying to nearby licensed establishments
ability of the police to supervise the establishment, particularly at closing time
availability of public transit options, such as taxies and buses
licensee’s compliance history, and
establishment’s history of compliance.
[Liquor Control and Licensing Act, section 12(3)(c); Liquor Control and Licensing Regulations, section
53(4); Liquor Control and Licensing Branch Policy]
5.1.3.
Application of licence amendment policy in temporary or permanent changes to
opening or closing hours
Both temporary and permanent changes to opening or closing hours require an amendment to a liquor
licence. An application for a change involving:


an extension of hours of liquor service at a liquor primary, liquor primary club, or manufacturer
lounge or special event area, or
hours of liquor service at food primary establishment ending after 12:00 a.m.
will comply with the regulations and policy for notifying and considering comments from a local
government or First Nation, as specified for a licence amendment. 53
F
Revised
December
2012
All temporary change applications are subject to policy 5.2.6., limiting them to in the range of 4-6 events
per year.
[Liquor Control and Licensing Regulations, section 53.]
5.1.4.
Temporary and permanent changes to opening or closing hours 54
On application by the licensee, and in consideration of policies 5.1.1 through 5.1.3 and 5.2.6, the general
manager may either temporarily or permanently amend the term and condition of a licence respecting
hours of sale in order to:
F



increase or change the hours of sale to a later closing time,
increase or change the hours of sale to an earlier opening time, or
set different hours of sale on different days of the week.
[Liquor Control and Licensing Act, section 12(3)(c); Liquor Control and Licensing Branch Policy]
52
53
54
See related policies under 3.5 Licence Amendments in chapter 3, Licensing Process.
See applicable policies in 3.5 Licence Amendments.
See related policy for temporary changes to opening or closing hours under Special Events in this chapter.
SECTION 5 – HOURS OF OPERATION
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Liquor Licensing Policy Manual
5.1.5.
Variation of hours in areas specified by a local government or First Nation
At the request of a local government or First Nation, and in consideration of the relevant public interest
factors in policy 5.1.2, the general manager may vary the days and hours establishments are permitted to
be open for the sale of liquor throughout an area specified by the local government or First Nation.
If a local government or First Nation chooses to pass a by-law requiring all licensed establishments in a
particular area to close at a time earlier than the time provided for on their liquor licences, the general
manager may amend the terms and conditions of the liquor licences to be consistent with the requirements
of the city by-law.
In order for the general manager to consider the request of a local government or First Nation to reduce
the hours establishments are permitted to be open for the sale of liquor, the local government or First
Nation must ensure the following:


Hours will only be rolled back to 2:00 a.m. and no earlier. Local governments or First Nations
who choose to roll hours back to earlier than 2:00 a.m. will be responsible for enforcement of the
earlier closing times.
Prior to passing a by-law amending hours, local governments or First Nations must provide
affected licensees with an opportunity to make submissions.
If the general manager is satisfied that local government has provided licensees with an opportunity for
input and has amended its bylaws accordingly, the general manager will write to the affected licensees
and advise them that the hours on the liquor licence will be changed within 30 days to be consistent with
the local government or First Nation by-law.
[Liquor Control and Licensing Act, section 12(3)(c); Liquor Control and Licensing Branch Policy]
5.1.6.
Hours of operation on the night of a time change
On the night of a time change (i.e., the second Sunday in March and the first Sunday in November) a
licensee must wait to change clocks forward or back until after the normal business day has ended.
Specifically, a liquor-primary licensee and a manufacturer lounge or special event area licensee must
adjust their clocks after the close of business when all patrons have cleared the establishment. A foodprimary licensee must not adjust their clocks until after liquor service has ended for the day and liquor has
been removed from all patrons’ tables.
[Liquor Control and Licensing Regulations, section 44(5); Liquor Control and Licensing Branch Policy]
SECTION 5 – HOURS OF OPERATION
Page 4
Liquor Licensing Policy Manual
Hours of Sale by Licence and Establishment Type
Licence and
Establishment Type
Hours of Sale
Liquor Primary and Liquor Primary Club Establishments
– hours between 9 a.m. and 4 a.m. of the next day [regulation section 9(b)]
– the establishment must be cleared of patrons within one-half hour
after the time stated on the licence for the hours of liquor service
[Regulation section 44(1)(a)]
- The establishment may not be used for another purpose between closing (within
half an hour after the end of liquor service) and 6am the next day
General Conditions:
Food Primary Establishments
• All Establishments
– hours between 9 a.m. and 4 a.m. of the next day [regulation section
11(2)(c)]
– liquor must be taken from patrons within ½ hour after the time stated on
the licence for the hours of liquor service, unless the liquor is an
unfinished bottle of wine that is sealed by the licensee for the patron
[regulation section 44(1)(b)]
– hours of sale limited to 12:00 midnight closing unless the licensee applies
for and acquires a licence amendment, following appropriate local
government/First Nation input as established by regulation and branch
policy
General Conditions:
Limitations set by General Manager:
Licensee Retail Stores and Wine Stores
• All Establishments
– between 9:00 a.m. and 11:00 p.m. [regulation section 14(1)(b)]
General Conditions:
Manufacturer Lounges and Special Event Areas
• All Establishments
– hours between 9 a.m. and 4 a.m. of the next day
[regulation section 18(3)]
General Conditions:
Manufacturer Tour and Picnic Areas
• All Establishments
General Conditions:
– Picnic area and outdoor tour area hours are between 9 a.m. and dusk. Dusk is
defined as the period immediately following sunset. Indoor tour areas must not
be in use later than the operating hours of the manufacturer’s other
endorsement areas.
[regulation section 18.1(8)]
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Liquor Licensing Policy Manual
5.2
Special Events
Policy Rationale
As mentioned in the previous section, the hours of sale for a licensed establishment are specifically set by
regulation, and any limitations imposed by the general manager on these hours are expressed as a term
and condition of a licence. Under normal circumstances, the hours of sale are fixed for as long as the
licensed establishment is in operation. For special circumstances or events, however, the general manager
may exercise some discretion in this area.
One example of this is the policy to permit a licensed establishment to “… have extended hours of sale on
December 31 until 4:00 a.m. on January 1, on the condition that food is available to patrons”. 55
Establishments not providing food must close their liquor service at the usual closing hour stated on their
licence.
F
F
Staff parties may also be an occasion on which licensees will want to have extended hours of operation.
The policy below confirms that, provided a licensee can comply with the regular terms and conditions of
their licence — and can keep within their regular hours of operation — for the duration of the party, a
staff party may be held in the licensed establishment without any special arrangements or permission to
do so. Licensees are reminded, however, that staff may not drink alcoholic beverages while on duty.
On the other hand, if the licence terms and conditions cannot be complied with during the staff party, the
licensee must apply for a temporary suspension of the licence. During the time specified for a staff party,
the liquor licence is effectively suspended under the authority provided in section 23(1) of the Act. In its
place, a private special occasion licence, taken out by the licensee, is in effect for the duration of the
party.
A licensee may also apply to the branch for a temporary suspension of the licence to hold a public or
private special event hosted by the licensee or someone else. In either situation, a suspension for a food
primary may be for any number of hours while a suspension for a liquor primary may start at any time but
once the event is over and the establishment is closed it must stay closed for the rest of that business day
until 6:00 a.m. The terms and conditions for events held in a licensed establishment are discussed in the
policies below. Comprehensive information on special occasion licences is contained in the Liquor
Control and Licensing Branch Special Occasion Licence Policy Manual.
Revised
December
2012
Temporary suspensions are intended to provide flexibility for licensees to accommodate occasional events
on an exceptional basis and may therefore be used only for a very limited number of events. Frequent use
of temporary suspensions has the effect of changing the establishment’s operating terms without local
government or community input and is not permitted
Policies
5.2.1.
Extension of hours on New Year’s Eve
A licensed establishment may have extended hours of sale on December 31 until 4:00 a.m. on January 1,
regardless of normal closing hour, (on the condition that food is available to patrons) 56 , unless the general
manager has directed otherwise, or local bylaws prohibit it.
F
F
[Liquor Control and Licensing Act, section 12(3)(c); Liquor Control and Licensing Branch Policy]
55
56
See related policy under Pricing in the chapter on Liquor Service and Sales.
See related policy about food and liquor service requirements on New Year’s Eve under Pricing in the chapter on Liquor Service and Sales.
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Liquor Licensing Policy Manual
Revised
May
2013
5.2.2.
Conditions for staff parties
A licensee may hold a staff party in their licensed establishment, provided they can comply with the
regulations, terms, and conditions of their licence for the duration of the party. If the regulations, terms,
and conditions of the licence cannot be complied with, the licensee must apply for the temporary
suspension of their licence and obtain a special occasion licence or a catering authorization to hold the
party.
It is a condition of a liquor licence that staff may not drink alcoholic beverages while on duty, whether
during the regular operation of an establishment or in the course of a staff party.
[Liquor Control and Licensing Act, section 12(3); Liquor Control and Licensing Branch Policy]
Revised
May
2013
5.2.3.
Temporary suspension of a licence for staff party
Upon the written request of a licensee, the Liquor Control and Licensing Branch or, in the case of a food
primary establishment, a liquor inspector may temporarily suspend a liquor licence for the purpose of
holding a staff party within the licensed establishment. Prior to holding a staff party within the licensed
area of the establishment, the licensee must apply for and obtain a private special occasion licence or a
catering authorization57 to be in effect for the duration of the party, which may go no later than 2:00
a.m. 58
F
[Liquor Control and Licensing Act, sections 6 and 23(1); Liquor Control and Licensing Branch Policy]
5.2.4.
Temporary suspension of a food primary licence for a special event
Upon the written request of a licensee, the local liquor inspector may temporarily suspend a food primary
licence for the purpose of holding a public or private special event or a catered event within the licensed
establishment. Prior to holding the event, the host (either the licensee or another party) must apply for
and obtain a special occasion licence, or the caterer must obtain a catering authorization, to be in effect
for the duration of the event. The following terms and conditions apply to these special events:



Revised
May
2013



the special event is temporary and only occasional
the licence may be suspended for a period less than 24 hours
if the establishment has more than one area, the licence may be suspended for a specified area of the
establishment provided there are physical barriers to prevent patrons and liquor moving between the
two areas
there is at least one-half (½) hour between the event and the operation of the permanent licence in
which no patrons are permitted within the suspended area of the establishment
the liquor of the food primary licensee is secure and inaccessible to any patrons in the establishment
consuming liquor under a special occasion licensed event or catering authorization (unless the
licensee is catering the event using its catering endorsement), and
all liquor served at the event must be purchased separately under the special occasion licence or the
catering licence/endorsement, and not be taken from the licensee’s existing stock (unless the licensee
is catering the event using its catering endorsement).
[Liquor Control and Licensing Act, sections 6 and 23(1); Liquor Control and Licensing Branch Policy]
5.2.5.
Temporary suspension of a liquor primary licence for a special event
Upon the written request of a licensee, the Liquor Control and Licensing Branch headquarters may
57
If the licensee holds a catering endorsement, it may cater its own staff party, in accordance with section 14.4.3. Otherwise, the licensee may
hire a licensed caterer to provide the food and liquor for the staff party.
58
Special Occasion Licences are issued by a liquor store manager or other person authorized by the general manager. Refer to the Special
Occasion Licence Policy Manual for detailed policies. An SOL licence may be extended past 2:00 a.m provided the application is supported by
the police and the local government or First Nation and approved by the Liquor Control and Licensing Branch.
SECTION 5 – HOURS OF OPERATION
Page 7
Liquor Licensing Policy Manual
temporarily suspend a liquor primary licence for the purpose of holding a public or private special event
or a catered event within the licensed establishment. Prior to holding the event, the host (either the
licensee or another party) must apply for and obtain a special occasion licence, or the caterer must obtain
a catering authorization, to be in effect for the duration of the event.
The following terms and conditions apply to these special events:


Revised
May
2013



the special event is temporary and only occasional
the licence will be suspended from one-half (½) hour before the start of the event through until the
end of liquor service hours for that business day (which stretches over to the next calendar day if
regular hours of service end after midnight): once the event is over and the establishment is closed for
the night it must remain closed until at least 6:00 a.m.
if the establishment has more than one area, the licence may be suspended for a specified area of the
establishment provided there are physical barriers to prevent patrons and liquor moving between the
two areas
the liquor of the liquor primary licensee is secure and inaccessible to any patrons in the establishment
consuming liquor under a special occasion licensed event or the catering authorization (unless the
licensee is catering the event using its catering endorsement), and
all liquor served at the event must be purchased separately under the special occasion licence or the
catering licence/endorsement, and not be taken from the licensee’s existing stock (unless the licensee
is catering the event using its catering endorsement).
[Liquor Control and Licensing Act, sections 6 and 23(1); Liquor Control and Licensing Branch Policy]
5.2.6.
Restriction on the frequency of temporary suspensions
Temporary suspensions are generally permitted in the range of 4-6 events per year. In determining
approval, consideration will be given to the cumulative effect of the requested changes and their impact
on the operation of the licenced establishment. Temporary changes may not be used to change the
operating terms and conditions of the licence or to circumvent local government and community input,
where required.
If a licensee wishes to operate with extended licence conditions on a more frequent basis, an application
for a permanent change to the licence should be submitted. This policy applies to all types of temporary
change applications, including temporary de-licensing for alternate use.
Revised
December
2012
The general manager may make exceptions to the limitation on the number of temporary change
applications, depending on the type of business, nature of the proposed event, and other extenuating
circumstances, such as where the regulations would not allow for the applicant to apply for a permanent
change to the licence.
5.3
Alternate Use
Policy Rationale
In the policies below, the “alternate use” of a licensed establishment has been defined as “… a situation in
which a licensee permits patrons to enter their licensed establishment for unlicensed events or activities
during the hours when liquor service is not allowed under the licence or when the licence is temporarily
suspended”. Alternate use policy was established to allow the establishment to be used for unlicensed
events which are not reflective of the primary business of the licensed establishment (e.g. allows the use
of a nightclub or bar for a community meeting or an exercise class).
Policies governing alternate use are directly related to the duty of the general manager, under section 6 of
the Liquor Control and Licensing Act, to “supervise the conduct and operation of a licensed
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Page 8
Liquor Licensing Policy Manual
establishment.” Liquor licences, and any specific conditions attached to a licence, are the primary tools
the general manager uses to perform this duty.
In exercising discretion to permit alternate use, the general manager must consider the extent to which the
alternate use might undermine the licensee’s ability to meet the terms and conditions of their licence; for
example, whether there is a potential for harmful activities, such as the sale of liquor to minors and
persons who are intoxicated, and noise and nuisance factors for the community. Certain types of afterhours all-ages and minors events, such as raves, dance events, “House Parties”, and DJ dance shows, that
are known to be problematic and have been linked with under-age intoxication are not permitted. Section
44(2) of the Liquor Control and Licensing Regulations specifically prohibits the licensee of a liquor
primary and liquor primary club establishment from admitting patrons during unlicensed hours, unless
otherwise authorized by the general manager.
Since alternate use during licensed hours requires a temporary change application, and in keeping with the
policy limiting the number of temporary change applications, the total number of temporary change
applications, including temporary de-licensing for alternate use, are subject to the policy 5.2.6 restricting
them to in the range of 4-6 per year.
Revised
December
2012
Under the authority of this section of the regulations, and the broader authority of section 12(2) of the Act
to set licence terms and conditions in the public interest, the general manager has established specific
rules to guide the alternate use of liquor primary and liquor primary club establishments during licensed
and unlicensed hours. The policies below are intended to preserve the licensee’s ability to comply with
the terms and conditions of their licence while, at the same time, offering a degree of flexibility in the way
an establishment is used during and outside licensed hours.
Policies
5.3.1.
Definition and general requirements for alternate use of licensed establishments
Alternate use is defined as a situation in which a licensee permits patrons to enter their licensed
establishment for unlicensed events or activities during the hours when liquor service is not allowed under
the licence or when the licence is temporarily suspended. Alternate use of a liquor primary and liquor
primary club licensed establishment is permitted only under the conditions authorized by the general
manager. Alternate use is not permitted for liquor retail stores.
[Liquor Control and Licensing Act, sections 6 and 12(2); Liquor Control and Licensing Regulations,
section 44(2); Liquor Control and Licensing Branch Policy]
5.3.2.
Alternate use of food primary establishments
Alternate use of a food primary licensed establishment is not restricted.
Revised
May
2013
5.3.3
Alternate Use for Catered Events
Food primary licensees may have a catered event59 within their licensed area prior to or after their liquor
service hours.
Liquor primary licensees may have a catered event within their licensed area prior to their liquor service
hours. Liquor primary licensees must comply with the terms and conditions in section 5.3.4.
Food primary and liquor primary licensees may hold a catered event during their liquor service hours if
they comply with section 5.2.2 – 5.2.6, and liquor primary licensees must also comply with the terms and
conditions in section 5.3.5.
59
For information about catered events, see Section 14.
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Liquor Licensing Policy Manual
Licensees may have a catered event outside of their licensed area in accordance with section 14.8.2.
[Liquor Control and Licensing Act, section 86, 88; Liquor Control and Licensing Branch Policy]
5.3.4.
Alternate use of liquor primary and liquor primary club licensed establishments
prior to licensed hours
Alternate use of a liquor primary and liquor primary club licensed establishment is permitted for
unlicensed events or activities during the hours when liquor service is not allowed under the licence. The
following terms and conditions apply to alternate use outside licensed hours:




all liquor is secured and inaccessible for the period during which the unlicensed activities are taking
place (unless the licensee is catering the event using its catering endorsement)
there is at least one-half (½) hour between the licensed and unlicensed activities in which no patrons
are permitted within the establishment
All-ages and teen events are permitted prior to licensed hours; and
the licensed establishment is not used for any purpose between the end of liquor service and 6 a.m.
[Liquor Control and Licensing Act, section 12(2)(b); Liquor Control and Licensing Regulations, section
44(2); Liquor Control and Licensing Branch Policy]
5.3.5.
Revised
May
2013
Alternate use of liquor primary licensed and liquor primary club establishments
during licensed hours
Alternate use of a liquor primary and liquor primary club licensed establishment is permitted for
unlicensed events or activities during the hours when liquor service is normally allowed under the licence,
provided the Liquor Control and Licensing Branch first approves a temporary suspension of the liquor
licence. Alternate use for LPs and LP clubs is permitted as long as the event is not reflective of the
primary business of the establishment. Alternate use events for LPs and LP clubs must not be the same or
similar to the licence held by the licensed establishment (e.g. nightclubs may not hold an all-ages
nightclub or dance). De-licensing for these types of events is not permitted. Temporary suspensions
during licensed hours by liquor primaries and liquor primary clubs are restricted to a limited number (in
the range of 4-6) of events per year.
A temporary suspension for alternate use will be for one-half (½) hour before the start of the event
through until the end of liquor service hours for that business day (which stretches over to the next
calendar day if the regular hours of service end after midnight). The temporary suspension of one area
within the establishment may be permitted with other areas still operating under the liquor licence,
provided there is adequate separation between the two areas to prevent staff and patrons from moving
between the two areas with liquor in their possession.
The following terms and conditions apply to alternate use during licensed hours:





the alternate use of the establishment for unlicensed activities is temporary and only occasional
all liquor within the area of the establishment to which the licence suspension is applicable is secured
and inaccessible for the period during which the unlicensed activities are taking place (unless the
licensee is catering the event using its catering endorsement)
there is at least one-half (½) hour between the licensed and unlicensed activities in which no patrons
are permitted within the area of the establishment to which the licence suspension is applicable
minors may be permitted during the period of alternate use for unlicensed activities, and
the area of the establishment to which the licence suspension is applicable is not used for any purpose
between the end of liquor service and 6 a.m.
[Liquor Control and Licensing Act, sections 6 and 12(2); Liquor Control and Licensing Regulations,
section 44(2); Liquor Control and Licensing Branch Policy]
SECTION 5 – HOURS OF OPERATION
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SECTION 6: Premises
6.0
Introduction
This chapter discusses topics related to the physical dimensions of, and facilities provided in licensed
establishments. Perhaps the most important aspect of this topic is that the physical characteristics of an
establishment affect how well licensees and their staff can manage areas licensed for the sale and
consumption of liquor. A common theme in this chapter is, therefore, the general manager’s duty to
“supervise the conduct and operation of licensed establishments” [section 6(c) of the Liquor Control and
Licensing Act] and tools the general manager uses to perform this duty.
Topics in this chapter are organized under the following headings:








Posting of Licence and Access to Approved Plans
Structural Alterations
Capacity
Outdoor Patios
Adjoining Licensed and Unlicensed Areas
Restaurant Lounges
Restaurant Detail and Furnishings
Liquor Service Bars in Restaurants
6.1
Posting of Licence and Access to Approved Plans
Policy Rationale
Liquor inspectors and the police enforce the requirements of the Liquor Control and Licensing Act and
Regulations. To do this effectively, the first things they must know is whether an establishment has a
valid liquor licence and whether any special conditions apply under the licence.
The general authority to inspect the books, premises, and stock of licensees is given under section 73 of
the Act. Section 37 of the Liquor Control and Licensing Regulations goes further to require licensees to
post their liquor licence in a conspicuous place in the licensed establishment. Posting the liquor licence in
a prominent location in the licensed area makes it readily available at all times for inspection by the police
and liquor inspectors. It also informs the consuming public that the establishment is properly licensed
and that certain rules are observed in compliance with licensing requirements.
Section 37 of the regulations also requires licensees to provide access to the approved floor plans when
requested by the general manager. In effect, these plans form part of the liquor licence since they specify
the physical dimensions of any areas within the establishment that are licensed for the sale and
consumption of liquor. As with the licence certificate and any associated licence conditions, quick and
easy access to this information is important for liquor law enforcement.
Policies
6.1.1.
Availability of liquor licence and approved floor plans for inspection
A liquor inspector, police officer, or other person designated by the general manager may inspect:


the liquor licence, and any special conditions that apply under the licence, and
a copy of the floor plans of the establishment as approved by the general manager.
Licensees must post their liquor licences in a prominent location within the licensed establishment at all
times, and have a copy of the approved floor plans readily available to be accessed upon request.
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 73; Liquor Control and Licensing Regulations, section 37;
Liquor Control and Licensing Branch Policy]
6.2
Structural Alterations
Policy Rationale
Under section 6 of the Liquor Control and Licensing Regulations, the general manager is required to reset
the person capacity of the establishment before approving a structural alteration of a licensed
establishment, or a change to the size of any area within the establishment. Section 7 further requires that
licensees obtain written permission from the general manager before making any structural alterations or
changes to the licensed area of their establishments. The reasons for these provisions are related to the
performance of the general manager’s duty to “supervise the conduct and operation of licensed
establishments” under section 6(c) of the Liquor Control and Licensing Act.
Specifically, problems of over-service, over-consumption, and loss of control within a licensed
establishment are related, in part, to the extent to which the physical dimensions and layout of the
establishment help or hinder staff in effectively managing the licensed area. Enlargements or other
changes to the floor plan may significantly affect the conduct and operation of the establishment as a
whole and, therefore, require prior approval of the general manager.
Additionally, structural alterations that result in an increase in the person capacity of the licensed
establishment may impact the surrounding neighbourhood because of noise and parking or traffic
concerns. Section 6(1)(b) of the regulations requires the general manager to set the person capacity of the
establishment “… having regard to the public interest and the views of a local government or first nation
…” before approving a structural alteration. For this reason, then, the same policies and practices that
apply in setting the person capacity during the building assessment phase of an original licence
application also apply in relation to a structural alteration.
Since the Act and regulations do not define a “structural change”, the branch has developed a definition
describing the kinds of changes that interest the general manager. The following policies articulate the
manner in which the general manager interprets the responsibilities imposed under these provisions, and
sets out the kinds of alterations that should be submitted for approval while licensees are still at the
planning stage of their renovations.
Policies
6.2.1.
Definition of structural alteration or enlargement
A structural alteration or enlargement is defined as a change to existing construction resulting in a change
to the free space within a licensed area, including a change:






in the position of a wall, floor or ceiling surrounding a licensed area
in the position of new construction or removal of fixed articles such as planters, partial height divider
walls, columns, pillars, ornamental displays, food and liquor service bars, stages and dance floors
in the position of access and exit points leading to or from a licensed area, including any opening
through which liquor is intended to pass
by the addition of a lounge area in a food primary establishment
to permitted fencing surrounding an outdoor patio, and
such other construction or changes the general manager considers may affect patron routing, capacity,
or the line of sight between a staff control point and the licensed area of the establishment.
[Liquor Control and Licensing Branch Policy]
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Liquor Licensing Policy Manual
6.2.2.
Structural alterations which amount to new premises
Occasionally, licensees will request approval for a structural alteration to expand their licensed area but
the circumstances are such that a new licence is actually required. These changes may include situations
where whole new structures are built attached to, or right next to, the existing premises. A connecting
passage between the two areas does not in and of itself allow the licensing of the new area by way of a
structural alteration.
A separate liquor licence will generally be required when any of the following criteria apply:
 The new area has a different civic address or legal description than the existing establishment;
 The new area is generally recognized to be a separate establishment (e.g., if it has a separate public
entrance or a different establishment name);
 The intended use and physical structure suggests that patrons would not normally move between the
new area and the existing establishment;
 The new area has different hours: generally, different hours under one licence are only allowed for
patios;
 The new area has a different focus and/or terms and conditions that would make it difficult to manage
and/or enforce the terms and conditions of the licence: for example, a nightclub and a casino at the
same address may require separate licences as one offers evening and night time entertainment with
liquor and food service while the other is a gaming facility.
6.2.3.
Setting person capacity for a structural alteration or change in size of the
licensed area 1
After building and fire authorities have approved the plans, and before approving a structural alteration or
a change to the size of any area of a licensed establishment, the general manager must set the person
capacity of the establishment. The policies and practices that apply in setting the person capacity:
F


during the building assessment phase of an original licence application, or
in the event of an increase in person capacity, during an application to amend a licence
also apply in setting the person capacity under these circumstances 2 .
F
F
[Liquor Control and Licensing Regulations, sections 6(1) through (3); Liquor Control and Licensing
Branch Policy]
6.2.4.
Approval of structural alteration or enlargement
The general manager 3 may approve a request for the structural alteration or enlargement of a licensed
establishment if the plans for such alterations do not:
F




F
adversely affect patron routing into, through, or out of the licensed area
result in an occupant load exceeding the capacity allowable under the liquor licence 4
break the line of sight between a point of staff control and the licensed area
contravene specifications established by health, building, fire and other local or provincial
government authorities
F
See the section on “Capacity” earlier in this chapter for more information about the person capacity of licensed establishments.
See policy 3.4.6, “Setting person capacity during the original licence application” in 3.4 Building Assessment and Issue of a Licence, and
related policies in 3.5. Licence Amendments.
3
When the plans for structural alterations or enlargements to the licensed area meet all statutory and policy requirements, the plans may be
approved by a licensing administrator (see policy on Change Approval Authority).
4
For any structural enlargement or alteration, local building or fire officials will need to calculate the occupancy load figure — a figure
representing the maximum number of persons that can safely occupy a building or part of a building. This new figure must not be greater than
the capacity allowable under the liquor licence. If it is greater, the licensee must submit an “Application for Permanent Change to a Liquor
Licence” and go through the process of acquiring local government/First Nations input and a change in the capacity of the licensed establishment.
See related polices under Capacity later in this chapter.
1
2
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Liquor Licensing Policy Manual


violate conditions that apply to a particular class of liquor licence and/or a particular establishment
otherwise interfere with the competent conduct and operation of the establishment.
[Liquor Control and Licensing Act, section 6(c), Liquor Control and Licensing Regulations, section 7;
Liquor Control and Licensing Branch Policy]
6.2.5.
Written decision
The decision to approve or reject structural alterations or area enlargements to a licensed establishment
will be confirmed in writing with the applicant.
[Liquor Control and Licensing Regulations, section 7]
6.3
Capacity
Policy Rationale
As with other conditions pertaining to licensed premises, the capacities of the licensed areas within
establishments must be considered in the context of effective management of the licensed areas, potential
impacts on the local community and public safety concerns.
Section 6(1) of the Liquor Control and Licensing Regulations requires the general manager to set the
person capacity of an establishment, “… having regard to the public interest and the views of a local
government or first nation”. It is under the authority of this section, therefore, that the general manager
exercises discretion in connection with the capacity of licensed establishments. When doing so, the
general manager, in keeping with the duty to “supervise the conduct and operation of licensed
establishments”, will place considerable emphasis on the relationship between capacity and the ability of
the licensee and staff to manage the licensed area. The numbers must allow for the observation of patron
behaviour, and the ability of staff to observe behaviour may be affected by activities such as
entertainment involving patron participation.
Public interest issues that commonly arise in making decisions about capacity include safety concerns and
potential impacts on the community. From a fire safety perspective, consideration must be given to the
minimum amount of space per person that will allow safe movement within, and exit from, the building in
the event of fire. Here again, the kinds of activities taking place in the establishment will obviously be a
significant factor. The B.C. Fire Code, B.C. Building Code, and local rules or bylaws such as the
Vancouver Building Bylaw establish “occupant loads”, representing the maximum number of persons that
can safely occupy a building or part of a building at any given time. The allowable “person capacity” 5
with which establishments are licensed by the Liquor Control and Licensing Branch conform to these
occupant load standards. Indeed, under section 6(2) of the Liquor Control and Licensing Regulations, “…
the general manager must refuse to issue, amend or transfer a licence … if the occupant load of the
establishment is not equal to the person capacity”.
F
F
The presence of a licensed establishment may have significant impacts upon nearby residents and
businesses. A local community will be concerned with parking and traffic flows, and with any noise or
nuisance issues that may arise with particular premises or types of establishments. Because of the
implications capacity can have for a local community, sections 10(3) and 53(4) of the regulations stipulate
that a local government or First Nation must take these issues into account in considering the person
capacity of a liquor primary establishment or a manufacturer lounge or in the case of a manufacturer
Prior to December 1, 2001, new licences were issued with a “patron capacity” figure — a figure that represented the maximum number of
patrons (excluding staff, entertainers, or other persons) permitted in the licensed area of the establishment. Renewals of licences for which the
original application was prior to December 1, 2001, and for which no subsequent applications to change capacity have been approved, will
continue to reference the term “patron capacity”. All licences originating since that date have been issued — and will be renewed — with a
“person capacity” figure that is equal to the occupant load figure assigned by provincial and local building and fire safety authorities. This figure
represents the maximum number of all persons (including patrons, staff, and any other persons) permitted in the licensed area.
5
SECTION 6 – PREMISES
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Liquor Licensing Policy Manual
special event area the size of that area. There are, in addition, a range of other factors the general
manager may consider in the public interest — largely those factors which address the licensee’s ability to
comply with the terms and conditions of the licence.
The policies below detail these considerations as well as the technical requirements of setting person
capacity for new and existing licences. They also outline the way in which licence amendment policies
apply in respect of temporary or permanent changes in person capacity. 6
F
Policies
6.3.1.
General considerations in setting person capacity
The general manager must set the person capacity7for liquor primary, liquor primary club, and food
primary licensed establishments and manufacturer lounges and interior special event areas.8 The person
capacity of a licensed establishment shall be equal to the occupant load of the establishment, which is the
lesser of the following:9



the maximum number of persons permitted in the establishment under the Provincial building
regulations;
the maximum number of persons permitted in the establishment under the Fire Services Act and
British Columbia Fire Code Regulation; and
the maximum number of persons permitted in the establishment under any other safety requirement
enacted, made or established by the local government or First Nation for the area in which the
establishment is located.
[Liquor Control and Licensing Regulations, sections 1 and 6; Liquor Control and Licensing Branch
Policy]
6.3.2.
Factors considered in the public interest in setting person capacity
In setting the person capacity of a licensed establishment, for new and existing licences, the factors
considered will include those considered by a local government or First Nation in relation to a licence
amendment 10 as follows:
F


F
the potential for noise if the proposed person capacity is approved, and
the impact on the community if the proposed person capacity is approved.
Additional factors that may be considered in the public interest include:





whether the number of persons implied by the capacity figures allows the licensee to maintain
effective management and control of the licensed area
location of the licensed establishment
capacities of nearby licensed establishments
licensee’s compliance history, and
establishment’s history of compliance.
[Liquor Control and Licensing Regulations, section 53(4); Liquor Control and Licensing Branch Policy]
6
See related discussion and policy under 3.5 Licence Amendments.
The term “person capacity” is defined in section 1 of the Liquor Control and Licensing Regulations as “… the maximum number of persons
allowed by the general manager in the establishment”.
8
The capacity is not set for licensee retail stores, wine stores, catering licences, UBrew/UVin, and manufacturer tour and picnic areas, because of
the nature of these establishments or endorsement areas.
9
In other words, although the authorities in the bulleted list below may arrive at different figures for the number of persons that should be
permitted in the licensed establishment, the occupant load shall be the lesser of all these figures.
10
See related policies under 3.5 Licence Amendments in chapter 3, Licensing Process.
7
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6.3.3.
Application of licence amendment policy in permanent changes to capacity
Permanent changes to capacity 11 require an amendment to a liquor licence. An application for a change
involving an increase in the patron or person capacity of a liquor primary, liquor primary club, a
manufacturer lounge, or in the case of a manufacturer special event area an increase in the size of that
area, must be in compliance with the regulations and policy for notifying and considering comments from
a local government or First Nation, as specified for a licence amendment. 12
F
Revised
April
2013
F
F
The general manager, in deciding whether to approve a request for a permanent change to capacity, will
consider the same factors as are considered in reviewing the plans and setting person capacity in an
original licence application. 13
F
[Liquor Control and Licensing Regulations, sections 53 and 54; Liquor Control and Licensing Branch
Policy]
6.4
Outdoor Patios
Policy Rationale
Policies concerning outdoor patios flow from earlier capacity policies and address the same public interest
concerns of potential over-service and over-consumption, as well as effective management of a licensed
area. Similar public interest considerations to those that relate to the initial building assessment phase of
the original licence application process also apply to applications for outdoor patio endorsements. These
considerations include health and safety concerns, and the ability of the licensee and staff to maintain
control throughout the establishment. Staff supervision of access and egress points for a patio is of
particular concern — especially as it relates to the possibility of access to the licensed area by minors.
Liquor service on an outdoor patio may significantly impact facilities, businesses and residents in the
immediate vicinity of the establishment. Because of this, licence conditions such as hours of operation,
capacity, and entertainment will have a bearing on whether or not an outdoor patio will be considered.
These factors are all relevant in assessing noise and other effects likely to be felt by surrounding
neighbours.
Concerns about health, safety and community impact are, therefore, paramount in considering outdoor
patio service for liquor primary licensed establishments. Section 53 of the regulations governing licence
amendment processes, and the following policies reflect this by requiring that the views of local
government and First Nations be considered on applications for outdoor patios. By contrast, the primary
operating purpose of a food primary licensed restaurant is to serve food, with liquor service available only
as a complement to a meal. As such, a food primary establishment may have patios provided local
building and zoning bylaws permit them.
Patios are not considered for retail stores, which are licensed only for the sale of packaged liquor.
Consumption is not permitted on the premises, with the exception of product demonstrations offered by
manufacturers and their agents.
Policies
6.4.1.
General considerations in outdoor patio applications
Subject to considerations in the public interest, the general manager may designate outdoor areas of a
licensed establishment where liquor may be sold and served. In determining whether to designate the
outdoor patio of a liquor primary or liquor primary club licensed establishment or a manufacturer lounge
11
Temporary or permanent capacity changes would include those in which licensees apply to have patron capacity figures replaced with person
capacity figures.
12
See applicable policies in 3.5 Licence Amendments.
13
See policies 3.4.3 through 3.4.5 of 3.4 Building Assessment and Issue of a Licence.
SECTION 6 – PREMISES
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or special event area as an area of the establishment in which liquor will be consumed, the factors
considered will include those considered by a local government or First Nation in relation to a licence
amendment 14 as follows:
F


F
the potential for noise if the patio is approved, and
the impact on the community if the patio is approved.
Additional factors that may be considered in the public interest include:



whether the licensee can maintain effective management and control of the outdoor patio area
whether the size and location of the outdoor patio negatively impacts surrounding residents and
businesses; and
such other factors as may be relevant in the public interest.
[Liquor Control and Licensing Act, section 12(3)(b); Liquor Control and Licensing Regulations, section
53(4); Liquor Control and Licensing Branch Policy]
6.4.2.
Specific considerations in outdoor patio applications
In making a determination under policy 6.4.1, the general manager may consider whether the outdoor
patio area has the following characteristics:










perimeter is suitably defined and bounded in order to control patron entry and exit (e.g. through
fencing, planters, hedges, roped stations etc.)
does not appear to be a standalone patio unassociated with the licensed interior (a manufacturer
lounge, however, may be a standalone patio that is associated with a winery, brewery or distillery)
suitably designed and located to prevent noise nuisance to nearby residents or passers-by
may be located on a grassed, earthen or gravelled area rather than finished flooring, provided they are
approved by local health inspection authorities
if located on a sidewalk or other public property, written approval from the local government has
been provided
complies with health and fire regulations
may have fixed or portable food and liquor service bars
designed to minimize the occasions where servers would be required to pass through unlicensed areas
carrying liquor
designed to ensure effective management and control of the outdoor patio from the indoor licensed
area (if applicable)
must, whenever possible, be located immediately adjacent or contiguous to the interior licensed area
(if applicable). In the event a patio is not immediately adjacent, only servers are permitted to carry
liquor through unlicensed areas.
[Liquor Control and Licensing Act, section 12(3)(b); Liquor Control and Licensing Branch Policy]
6.4.3.
Application of licence amendment policy to outdoor patio applications
The addition of a patio to a licensed establishment requires an amendment to a liquor licence. An
application for the addition of a patio to a liquor primary or liquor primary club establishment or a
manufacturer lounge or special event area will comply with the regulations and policy for notifying and
considering comments from a local government or First Nation, as specified for a licence amendment. 15
F
[Liquor Control and Licensing Regulations, section 53]
14
15
See related policies under 3.5 Licence Amendments.
See applicable policies in 3.5 Licence Amendments.
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6.5
Adjoining Licensed and Unlicensed Areas
Policy Rationale
The policy on this topic is designed to address the key concerns that arise when a licensed establishment
adjoins or shares facilities with another; specifically, public access from one area to the other and the
effects upon the licensee’s ability to manage and control the licensed area. The focus is on the general
considerations brought to bear in any decision to approve adjoining premises, and on establishing the
policy for combinations of licensed and unlicensed premises that have not been dealt with elsewhere.
Once again, general authority is provided by section 12(2) of the Liquor Control and Licensing Act that
permits the general manager to impose terms and conditions in the public interest. Additionally, section
38 of the regulations requires that a licensed establishment must be separated from an unlicensed area,
from another licensed area under a different category of licence, or from a catered event, in a manner that
is satisfactory to the general manager.
When a licensed liquor primary area adjoins either an unlicensed area or a food primary licensed
restaurant, one of the most significant concerns that must be addressed in the licence terms and conditions
will be the possibility of access to the licensed area by minors. This includes not only physical access,
but also visual access to adult-oriented activities that are not considered appropriate for minors to view.
Control of minors and person capacity are also issues when a licensed area shares washroom facilities
with an unlicensed establishment. For these situations, branch policy is designed to ensure that patrons do
not have to pass through the licensed area in order to reach the washrooms. Other features of the policy
governing adjacent licensed and unlicensed areas are designed to ensure patrons do not carry liquor from
the licensed to the unlicensed area.
Control of access points between the establishments is the primary element of the policy governing food
primary licensed restaurants adjoining liquor licensed areas such as pubs or lounges. As well as
controlling physical access, the policy restricts visual access from a restaurant into an adjoining liquor
primary licensed area out of concern for minors observing adult-oriented entertainment in the liquor
primary licensed area.
On the whole, the rationale for physical and sight separation between two establishments is based on a
concern about the impact of one type of establishment on the other. Without this separation, it would be
difficult for staff and patrons to know where one establishment begins and another ends. Licensees must
ensure that the areas are distinct, and that people know that different operating conditions are in effect.
Additionally, assessing capacity levels can be problematic without clear physical separation between the
two areas. For example, when a pub fills up — not an uncommon situation for pubs with a smaller
capacity — patrons might be seated in an adjoining restaurant. Visual and physical access between the
two establishments can make it difficult for staff to maintain effective management and control in both of
the licensed areas.
Finally, for shared or adjoining facilities between licensee retail stores or wine stores and licensed or
unlicensed areas, the main thrust of the policy is to maintain clear separation between the two areas.
Effective management and control of the areas licensed for liquor service or sales – and an appreciation
by the staff of the rules and responsibilities that apply to them in the respective areas – is better achieved
when the different areas are clearly distinguishable. At the same time, the branch is conscious of the cost
to licensees of providing facilities (such as kitchens and washrooms) that might reasonably serve both
areas.
This chapter deals specifically with adjoining food primary and liquor primary establishments, and food
primary or liquor primary establishments and adjoining unlicensed areas. For specific policy on other
adjoining areas, see:

section 6.4, for patios adjoining the licensed areas of liquor primary establishments, food primary
establishments, or manufacturer lounges
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



section 17.20.7, for manufacturer lounges with adjoining or overlapping sampling rooms or on-site
stores and tour areas that overlap other endorsement areas
section 14.8.3, for catered events
section 15.2. and 15.3, for licensee retail stores
section 16.4 and 16.5, for wine stores
Policies
6.5.1.
General considerations in granting approval for shared or adjoining facilities
Subject to considerations in the public interest, the general manager may grant approval for licensed
establishments to share kitchen, washroom, and/or lobby entrance areas, or maintain adjoining walls or
entrances with other licensed or unlicensed areas. In determining whether to grant approval for adjoining
or shared facilities, the general manager may consider:



whether the licensee can maintain effective management and control of the licensed area(s)
whether the size and location of the shared facilities negatively impacts patrons in the adjoining
licensed or unlicensed areas,
and such other factors as may be relevant in the public interest.
[Liquor Control and Licensing Act, section 12(2); Liquor Control and Licensing Regulations, section 38;
Liquor Control and Licensing Branch Policy]
6.5.2.
Shared or adjoining facilities between food primary and liquor primary licensed
establishments
In making a determination under policy 6.5.1, the general manager may consider whether the combined or
adjoining food primary and liquor primary licensed establishments have the following characteristics:






both licensed establishments may be owned and operated by the same licensee, but a physical
separation between the two establishments is maintained at all times
separation between the two licensed establishments is sufficient to determine a separate occupant load
for each of the licensed establishments, to prevent the food primary establishment from becoming an
extension of the liquor primary establishment, and to control access and egress to both establishments
separation between the two licensed establishments is fixed and immovable to ensure that the limits
on the size of both establishment are maintained
if adult entertainment is provided in the liquor primary area (see 11.5.1), the divider or other
separation between the licensed establishments is sufficient to prevent a line of sight between the two
licensed establishments
patrons in the food primary establishment have access to washrooms without having to go through the
liquor primary establishment, or shared washroom facilities are accessible from a common interior
lobby access to the liquor primary establishment from a public thoroughfare may be through the food
primary establishment, but access to the food primary area from a public thoroughfare may not be
through the liquor primary area, and
patios in both establishments are clearly separated with no direct access between the two.
[Liquor Control and Licensing Regulations, section 38(2); Liquor Control and Licensing Branch Policy]
6.5.3.
Shared or adjoining facilities between a food primary licensed establishment
and an unlicensed area 16
In making a determination under policy 6.5.1, the general manager may consider whether the combined or
adjoining food primary licensed establishment and unlicensed area have the following characteristics:
F
16
See Restaurant Operating Details and Furnishings later in this chapter for further information.
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





separation between the licensed and unlicensed areas is sufficient to determine a separate occupant
load for the food primary licensed establishment, and to control access and egress to the licensed area
separation between the two licensed areas is fixed and immovable to ensure that the size of the food
primary establishment is maintained
if adult entertainment is provided in the unlicensed area (see 11.5.1), dividers or other separation
prevent a line of sight between the licensed and unlicensed areas
the liquor service area is situated so that drinks containing liquor are not carried across or through an
unlicensed area
dividers or other means of separation are not designed in such a way that drinks can be placed on
them or accessed from the unlicensed area, and
drinks containing liquor may not be taken from the licensed area to an unlicensed area by patrons, and
signs to this effect are posted at all exit points from the restaurant or other licensed area
[Liquor Control and Licensing Regulations, section 38(1); Liquor Control and Licensing Branch Policy]
6.5.4.
Shared or adjoining facilities between a liquor primary licensed establishment
and an unlicensed area that is not primarily involved in hospitality,
entertainment, food, or beverage service
In making a determination under policy 6.5.1, and if the unlicensed area sharing facilities with or
adjoining a liquor primary licensed area is not primarily involved in hospitality, entertainment, food, or
beverage service, the general manager may consider whether the combined or adjoining liquor primary
licensed and unlicensed areas have the following characteristics:



separation between the licensed and unlicensed areas is of full height wall construction, and is fixed
and immovable
a separate and dedicated entrance is maintained for each of the licensed and unlicensed areas, and
access to the liquor primary establishment may be from a public thoroughfare 17 , but access to the
unlicensed area is not permitted through the liquor primary establishment.
F
F
[Liquor Control and Licensing Regulations, section 38(1); Liquor Control and Licensing Branch Policy]
6.5.5.
Shared or adjoining facilities between a liquor primary licensed area and an
unlicensed area that is primarily involved in hospitality, entertainment, food, or
beverage service
In making a determination under policy 6.5.1 and if the unlicensed area sharing facilities with or
adjoining a liquor primary licensed area is primarily involved in hospitality, entertainment, food, or
beverage service, the general manager may consider whether the combined or adjoining liquor primary
licensed and unlicensed areas have the following characteristics:




separation between the licensed and unlicensed areas is sufficient to determine a separate occupant
load for the liquor primary licensed establishment, and to control access and egress to the licensed
area
separation between the two areas is fixed and immovable to ensure that the size of the liquor primary
establishment is maintained
if adult entertainment is provided in the licensed area (see 11.5.1), dividers or other separation
prevent a line of sight between the licensed and unlicensed areas, and
the entrance to the liquor primary establishment may come from within the adjoining unlicensed
area. 18
F
17
For example, a shopping mall concourse is a public thoroughfare from which access to the liquor primary area would be permitted under these
circumstances.
18
For example, entrance to a lounge may come from within an adjoining golf clubhouse.
SECTION 6 – PREMISES
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Regulations, section 38(1); Liquor Control and Licensing Branch Policy]
6.6
Restaurant Lounges
Policy Rationale
Under section 12 of the Liquor Control and Licensing Regulations, licensees of food primary
establishments with a total licensed capacity of 50 persons or more may apply for a licence endorsement
for a lounge area. In applying for this endorsement, the licensee must be able to demonstrate that the
lounge area will appear to be visibly distinct from the primary dining area. A games or dance area may
not be located in the lounge area. Once approved and open to restaurant patrons, food service must be
available at all times in the lounge, and liquor service must only be offered if the primary dining area of
the restaurant is also fully open for service.
Before approving an application for a lounge endorsement, the general manager must specify the person
capacity for the lounge area by applying the formula set out in section 12(2) of the regulation. The person
capacity of a lounge area is either forty persons or 20% of the person capacity of the interior of the
principal dining areas of the licensed establishment (not including banquet rooms or patios), whichever is
the lesser. An establishment may have two lounge areas as long as one of the areas is on a patio and the
combined number of persons permitted in the two lounge areas does not exceed the lounge capacity limit
(40 persons/20% dining capacity) for that establishment.
The last policy, below, identifies available seating and other furnishings in a lounge as an indicator of
compliance with these person capacity requirements. If a liquor inspector finds seating in excess of the
licensed person capacity in the lounge, they may consider this to be evidence of overcrowding.
Policies
6.6.1.
General conditions for a restaurant lounge
For FP licensed establishments with a person capacity of at least 50 persons, the general manager may
endorse the licence for the sale of liquor in a lounge area. The following terms and conditions apply to a
lounge endorsement:






food service must be available in the lounge
the licensee must not serve liquor in the lounge if the primary dining area of the licensed
establishment is not open for service of its full food menu and liquor service,
a games or dance area may not be located in the lounge,
the lounge must, in the opinion of the general manager, appear to be an area that is visibly distinct
from the primary dining area of the licensed establishment,
there must be a sign, visible to all lounge patrons, either at the entry to, or within the lounge(s),
explaining that it is a lounge and that minors are only permitted if they are accompanied by an adult,
and
if the layout of the establishment requires that patrons of the principal dining area cross a lounge area
to use the washrooms, then unaccompanied minors may cross the lounge to and from the washrooms.
The FP lounge area must clearly and obviously appear to anyone who enters the premises to be distinct
from the principal dining area in which it is located. This requirement may be met by having the FP
lounge area located at the bar, in a raised area, in an area with a visibly distinct type or colour of flooring,
or having different seats or seating coverings and colours from those provided in the principal dining area.
Pony walls, planters or other forms of physical barrier separating the FP lounge from the primary dining
area may be used but they are not required if the lounge area appears visibly distinct by using these
architectural and design techniques.
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Liquor Licensing Policy Manual
A lounge located on a patio must also appear to be visibly distinct from the rest of the patio. This
requirement may be met by the same architectural and design techniques as apply to interior lounges.
[Liquor Control and Licensing Act, section 12(2); Liquor Control and Licensing Regulations, section
12(1) and (5); Liquor Control and Licensing Branch Policy]
6.6.2.
Setting person capacity for a restaurant lounge
Before approving an application for a lounge endorsement, the general manager must set the person
capacity of the lounge area. The person capacity of the lounge area will be:


forty (40) persons, or
20% of the capacity of the interior of the principal area of the licensed establishment
whichever is the lesser. The interior area must have an updated occupant load so that the eligible number
of seats may be calculated.
[Liquor Control and Licensing Regulations, section 12(2); Liquor Control and Licensing Branch Policy]
6.6.3.
Restaurant patio lounges
The general manager may approve a lounge located on an outdoor patio, in addition to a lounge in the
interior of the licensed establishment, provided that


the person capacity of each of the lounge areas does not exceed the person capacity set under policy
6.6.2, and
if both lounges are open for liquor service at the same time, the combined total number of persons in
both the patio and interior lounge does not exceed the person capacity set by the general manager
under policy 6.6.2.
The general manager may also approve a single lounge located solely on a patio.
[Liquor Control and Licensing Regulations, sections 12(3) and (4)]
6.6.4.
Seating in the lounge area of a restaurant
The chairs, booths, benches, stools, or other furniture provided for patron seating in the lounge area of a
food primary licensed establishment should not exceed the patron capacity of that area, as set under
policy 6.6.2. A liquor inspector may consider seating in excess of the licensed capacity as evidence of
overcrowding in the lounge area.
[Liquor Control and Licensing Branch Policy]
6.7
Restaurant Operating Details and Furnishings
Policy Rationale
Section 11(1) of the Liquor Control and Licensing Regulations, which states that a food primary licence
may be issued to the owner and operator of an establishment if “… the primary business carried on in the
establishment is the service of food during all hours of its operation”, clearly distinguishes between the
food primary and liquor primary categories of licence. In part, it is the specific operating details and
furnishing requirements of a food primary establishment that maintains the distinction between the two.
Under section 11(3) of the regulations, a licensed restaurant must have kitchen equipment and an
adequate supply of flatware, china and other table facilities, and offer a reasonable selection of menu
items. The business aspects of the operation must also be consistent with food service: the hours of
operation, financial records, and the ratio of receipts for food sales to that of liquor sales must be what
one might expect of an establishment in the business of food service. Other aspects of restaurant decor
are regulated by policy to ensure the operation of the restaurant and behaviour of patrons does not become
SECTION 6 – PREMISES
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Liquor Licensing Policy Manual
so similar to that of liquor primary licensed establishments that the distinction between the two types
becomes blurred. For example, bandstands, stages and overhead track lighting would be considered more
conducive to the operations of liquor primary establishments such as lounges or cabarets.
The policies below outline the requirements for restaurant operating details and furnishings that are
consistent with the primary operating purpose of food service. They also address the necessity of
separating the licensed dining area from other unlicensed areas of the establishment so that patrons will
not be confused about where liquor may be consumed. 19 In common with other policies governing
premises, appropriate management and control of the licensed area is a fundamental concern.
F
F
Policies
6.7.1.
Operating details and furnishings consistent with food service
A food primary licence may be issued for an establishment if the primary purpose of the business carried
on in the establishment is the service of food during all hours of its operation. In determining whether to
issue a licence, the general manager may consider whether the establishment:





has kitchen equipment sufficient for the operation of the establishment as primarily in the business of
food service
uses a kind of lighting that is positioned, and normally considered suitable, for dining
is furnished with tables, chairs, booths, and/or counters and stools, the height and width of which are
suitable for dining
has a menu with a varied selection of food items, including both appetizers and main courses, or their
equivalent
offers entertainment and games of a type and/or during hours that are consistent with an establishment
primarily in the business of food service 20
advertises as primarily in the business of food service
operates during the hours that would be consistent with an establishment primarily in the business of
food service
has financial records that demonstrate the primary focus of the business is the service of food
has a ratio of receipts from food sales to liquor sales that is consistent with an establishment primarily
in the business of food service, and
has any other characteristics that would be relevant and would assist in the determination of whether
the establishment is primarily in the business of food service.
F





[Liquor Control and Licensing Regulations, section 11(3); Liquor Control and Licensing Branch Policy]
6.7.2.
Where decor and furnishings are more consistent with another licence category
If the general manager is of the opinion that the operating details and furnishings are more consistent with
a liquor primary licensed establishment, the applicant or licensee may be asked to apply for that licence.
The general manager may consider construction and furnishings typically found in night clubs and other
types of liquor primary establishments, such as:




bandstand-style stages
dance floors out of proportion with the size of the establishment
D.J. booths and high-volume speakers, and
strobe and multi-track overhead lighting
19
See related discussion and policy in 6.5 Adjoining Licensed and Unlicensed Areas and 11.6.2 Restrictions on Entertainment and Games in
Food Primary Licensed Establishments.
20
See sections 11.6.6 and 11.6.7 for special conditions that apply to karaoke box-style restaurants.
SECTION 6 – PREMISES
Page 13
Liquor Licensing Policy Manual
to be inconsistent with, or indicate a shift in emphasis from, an establishment primarily engaged in food
service.
[Liquor Control and Licensing Branch Policy]
SECTION 6 – PREMISES
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Liquor Licensing Policy Manual
SECTION 7: Liquor Service and Sales
7.0
Introduction
This chapter covers topics relating to how liquor is sold and served in establishments licensed by the
Liquor Control and Licensing Branch. The policies and practices discussed here are, generally, the
techniques the branch uses to discourage over-service in licensed establishments. A recurring theme
throughout this chapter is that regulatory tools such as these are used by government to manage the sale of
products like alcohol — products that have addictive qualities, and that may have harmful effects if either
abused by purchasers or exploited by vendors.
These and related issues are discussed in this chapter under the headings:







Type of Liquor Sold
Ordering Liquor
Pricing
Dispensers and Drink Sizes
Replacement of Faulty Keg or Spoiled Product by Brewer’s Agent
Off-Premises Sales
Variations in Liquor Primary Licences
7.1
Type of Liquor Sold
Policy Rationale
Under section 12(3)(a) of the Liquor Control and Licensing Act, the general manager may “… limit the
type of liquor to be sold” in a licensed establishment. The general manager’s actions in this regard are in
keeping with the statutory duty to consider the public interest when establishing licence terms and
conditions, and to ensure that liquor sales are properly managed and controlled.
Additionally, tastes and drinking patterns quite simply change, and manufacturers continue to develop
new products. For these reasons, limitations on the types of liquor that can be sold in most types of
establishments are a matter of policy and not set out in the legislation. The exception to this is licensed
manufacturer lounges and special event areas, which are limited by section 18(7) of the regulations.
Wineries may sell wine manufactured and bottled in British Columbia and breweries and distilleries are
limited to the products produced under their licences. This is because the manufacturer endorsements
were designed to foster development of the province’s food and beverage -tourism” market and were not
intended to provide for alternate drinking establishments.
For off-premises consumption, licensee retail stores are permitted to sell packaged spirits, beer, wine,
cider and coolers. Wine stores may sell packaged wine only. Establishments with off-premises sales
endorsements are, however, restricted to packaged beer, cider, wine and coolers containing less than
seven per cent alcohol. This requirement is discussed in greater detail later in this chapter under the topic
“Off-Premises Sales”.
For both liquor primary and food primary establishments, the general manager may, under sections 6(c)
and 12(3) of the Act, impose limitations on the type of liquor sold in consideration of the public interest
and pursuant to the duty to supervise the conduct and operation of licensed establishments. The general
manager has no general policy to limit the types of liquor sold in either liquor primary or food primary
establishments, with the exception of licensed stadiums. They are restricted to the sale of beer, wine,
cider, and coolers; the sale or service of spirits is prohibited. This is largely because of public safety
issues associated with liquor consumption where large numbers of people are gathered in a relatively
restricted area during sporting events.
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Liquor Licensing Policy Manual
Any limitations for liquor primary and food primary establishments are otherwise establishment and
location specific, forming part of the terms and conditions of the liquor licence for a particular
establishment. Decisions about the availability of liquor require careful consideration of the implications
for management and control of the establishment, and of the potential impacts on the community. As a
result, such decisions are generally based upon a range of factors. For example, patterns of enforcement
difficulties may be examined, such as over-service, overcrowding or service to minors. Changing tastes
and drinking trends may also be a consideration, as might the numbers and types of licensed
establishments in the vicinity. The nature of the establishment in question might also be a factor, in terms
of clientele, operating characteristics, and the types of activities provided.
For details on liquor that may be sold at catered and residential events, please see section 14.5.4.
For details on liquor that may be sold in licensee retail stores, please see section 15.5.1.
For details on liquor that may be sold in wine stores, please see section 16.8.1
For details on liquor that may be sold in manufacturer endorsement areas please see section 17.20
Policies
7.1.1.
Types of liquor sold in liquor primary establishments
All types of liquor may be sold in liquor primary licensed establishments, subject to limitation by the
general manager. Where limited by the general manager, the types of liquor permitted for sale shall be
endorsed on the licence.
[Liquor Control and Licensing Act, sections 6(c) and 12(3)(a), Liquor Control and Licensing Branch
Policy]
7.1.2.
Types of liquor sold in stadiums
The sale or service of liquor in a licensed stadium is restricted to beer, wine, cider, and coolers. The sale
or service of spirits is prohibited unless otherwise authorized by the general manager. 1
F
[Liquor Control and Licensing Act, sections 6(c) and 12(3)(a), Liquor Control and Licensing Branch
Policy]
7.1.3.
Types of liquor sold in food primary licensed establishments
All types of liquor may be sold in food primary licensed establishments, subject to limitation by the
general manager. Where limited by the general manager, the types of liquor permitted for sale shall be
endorsed on the licence.
[Liquor Control and Licensing Act, sections 6(c) and 12(3)(a), Liquor Control and Licensing Branch
Policy]
7.2
Ordering Liquor
Policy Rationale
Regulating product supply is one of the key instruments used by government to ensure product quality,
and also to control the quantities bought and sold as part of the duty to supervise the conduct and
operation of licensed establishments under section 6(c) of the Liquor Control and Licensing Act.
Section 38(3)(a) of the Act requires that licensees purchase liquor for resale in their establishments from
the Liquor Distribution Branch. In addition to government liquor stores, the Liquor Distribution Branch
designates other sources of supply where licensees may purchase liquor. Currently, the following outlets
are designated:
1
See related policy in 7.7 Variations in Liquor Primary Licences.
SECTION 7 – LIQUOR SERVICES AND SALES
Page 2
Liquor Licensing Policy Manual



British Columbia wineries, breweries and craft distilleries
Brewers’ Distributors, and
Rural agency liquor stores specifically authorized by the LDB.
The Liquor Control and Licensing Regulations stipulate that certain practical measures be taken to ensure
that liquor is purchased from appropriate sources and that purchases are properly accounted for. Section
35(3) requires that licensees keep a register of all liquor purchases and receipts. This register must be
open to inspection by the police, liquor inspectors, or any other person designated for that purpose by the
general manager. Section 35(1)(a) requires that licensees purchase liquor only from liquor stores
designated by the general manager, or another person designated by the Liquor Distribution Branch.
Policies
7.2.1.
Inspection of liquor register and other items
A liquor inspector, peace officer, or other person designated in writing by the general manager may
require that the licensee make available for inspection





a register of liquor purchased and received
any other records relevant to the purchase, storage, and sale of liquor 2
any premises used for the storage of liquor
liquor stocks
and any other things associated with the operation of the licensed establishment.
F
[Liquor Control and Licensing Act, section 73(1), Liquor Control and Licensing Regulations, section 34,
Liquor Distribution Act, section 11, Liquor Control and Licensing Branch Policy]
7.2.2.
Subject of liquor register inspection
A liquor inspector, peace officer, or other person designated in writing by the general manager may
examine a licensee’s register of liquor purchases, receipts, and liquor stock to ensure that all liquor has
been purchased:



from a liquor store designated in writing by the general manager, or another person designated by the
Liquor Distribution Branch
in accordance with the Liquor Control and Licensing Act, the regulations and the terms and
conditions of the licence, and
by a person identified as a licensee.
[Liquor Control and Licensing Act, section 38(3)(a), Liquor Control and Licensing Regulations,
sections 34 and 35(1), Liquor Distribution Act, section 11]
7.3
Pricing
Policy Rationale
Control of liquor prices is directed at the conditions that might lead to over-service, over-consumption,
and loss of control within a licensed establishment. In general, the price of liquor must not be so low that
people are inclined to drink it “like water”.
Under section 41(3) of the regulations, a price list must be made available to the customers of all licensed
establishments.
2
Section 34 of the Liquor Control and Licensing Regulations lists, in addition to liquor purchase records, a range of prescribed documents that
the licensee may be required to produce for inspection.
SECTION 7 – LIQUOR SERVICES AND SALES
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Liquor Licensing Policy Manual
The minimum specifications for pricing are set out in section 41 of the Liquor Control and Licensing
Regulations. The first of these, in section 41(2), includes a requirement that liquor not be provided at
unlimited or unspecified quantities for a single price.
Also under section 41(2)(c) is a requirement that the price of liquor not be altered in the course of the
business day. The branch uses this regulation to specifically address 2-for-1, “happy hours”, or temporary
price reductions in the course of the business day. These practices are thought to encourage over-service
and over-consumption. For instance, offering a “loss leader” or lower priced brand of draught beer with
the knowledge that it is nearly out of stock, and likely to be substituted by the customer with a higherpriced brand, is viewed very seriously Liquor retail stores are exempt from this requirement as altering
the price of packaged liquor is unlikely to have the same social impact
Under the general manager’s authority to set the format and pricing formula of price lists, “special price”
exceptions have been made for specific occasions. For example, a licensee may offer the products of
sponsoring suppliers or their agents during approved theme night promotions or during consumer taste
trials 3 at a special price, if approved by the general manager. Additionally, glasses or bottles of
champagne or wine may be offered to customers as part of an all-inclusive package price, such as is
common for New Year’s Eve promotions. Policies have been crafted to govern these occasions so that
over-service and over-consumption are not encouraged by the reduced prices.
F
F
For pricing requirements specific to caterers, see section 14.5.3.
For pricing requirements in licensee retail stores, please see section 15.5.5.
For pricing requirements in wine stores, please see section 16.8.3.
Policies
7.3.1.
General conditions applying to liquor prices and price lists
Subject to policies 7.3.4 and 7.3.5 below, and unless otherwise specified by the general manager, the
following conditions apply to liquor prices and price lists in licensed establishments:



liquor may not be provided in unlimited or unspecified quantities for a single price
liquor prices, except for LRS and other retail stores, must be set at the beginning of the day and may
not be altered during the business day, as in the practice of “happy hour” sales
a sales strategy may not be employed if it is likely to promote or encourage intoxication, as in the
practice of:

“two-for-one” sales

circulating with trays of pre-mixed drinks that are not previously ordered by the customer

pouring liquor directly into the mouth of a person, and

providing free drinks in a volume that could result in over-consumption 4 , and
F

F
price lists must be available to customers showing the quantities and corresponding prices for all
types of liquor sold in the licensed establishment.
[Liquor Control and Licensing Regulations, section 41]
7.3.2.
Pricing and availability of product
A reduced or special price may not be offered on a brand of liquor for which stocks are known to be
insufficient when it is likely the customer will accept a higher priced brand as a substitute. Except when a
brand is genuinely out-of-stock or unavailable from the supplier, all liquor products identified on the
liquor menu should be available to patrons at all times.
3
4
Please see Sections 12.3 and 12.4 in the Licensee Relationships with Manufacturers chapter for more information.
A licensee may occasionally treat customers to a free drink, but multiple drinks that could lead to over-consumption would not be permitted.
SECTION 7 – LIQUOR SERVICES AND SALES
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 45(2), Liquor Control and Licensing Branch Policy]
7.3.3.
Liquor prices and Liquor Distribution Branch purchase price
Liquor prices must be at least as much as the original Liquor Distribution Branch purchase price. The
licensee, in accordance with the conditions established in policy 7.3.1, may sell at any price above the
original Liquor Distribution Branch purchase price.
[Liquor Control and Licensing Branch Policy]
7.3.4.
Theme night prices
Licensees of liquor primary licensed establishments may offer special prices on liquor products
introduced during the hours of an approved theme night run by the licensed agent of a liquor supplier,
under the following conditions:



the agent may not subsidize the price of the products in any way
the price of the products must not be below Liquor Distribution Branch price, and must not encourage
over-consumption, and
liquor prices and theme night characteristics are subject to the general manager’s approval. 5
F
[Liquor Control and Licensing Act, section 54, Liquor Control and Licensing Regulations, section 41(3),
Liquor Control and Licensing Branch Policy]
7.3.5.
All-inclusive packages including liquor in the price
The licensees of liquor primary and food primary licensed establishments, manufacturer lounge, picnic
and special event areas may offer an all-inclusive package that includes liquor in the price. The amount
of liquor to be provided must be specified and not unlimited.
[Liquor Control and Licensing Regulations, section 41(3), Liquor Control and Licensing Branch Policy]
7.3.6.
Reference to credit sales on price list
A licensee may sell liquor on credit to a patron with payment made at a later date, as agreed between the
licensee and the patron. A licensee may include a reference on the liquor price list to the effect that
payment may be accepted by credit card, or by such other credit arrangement as may be offered by the
licensee.
[Liquor Control and Licensing Branch Policy]
7.4
Dispensers and Drink Sizes
Policy Rationale
Consumers have to know how much alcohol is in their drinks if they are to judge their alcohol intake.
Providing a “yardstick” by which patrons can measure and moderate their intake is an important tool for
controlling over-consumption in licensed establishments. At the same time, features such as ensuring that
liquor is dispensed from containers that are recognizable as containing a standard amount of alcohol, and
ensuring that the amount of liquor contained in the typical mixed drink is consistent, are important in
preventing over-service and providing a measure of quality control.
For these reasons, the Liquor Control and Licensing Regulations contain sections addressing both the
liquor content of drinks and the containers from which liquor is dispensed. Section 40(1) provides that, as
a general rule and unless otherwise authorized by the general manager, all liquor served in licensed
establishments shall be dispensed from the original container in which it was purchased. Liquor may also
5
See related policies under Theme Night Promotions, section 12.4 in the Licensee Relationships with Manufacturers chapter.
SECTION 7 – LIQUOR SERVICES AND SALES
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Liquor Licensing Policy Manual
be served from carafes and pitchers, or other containers approved by the general manager, as long as
patrons are made aware of the serving size. The general manager has also approved the use of automatic
dispensing machines.
Branch policy directs that a “drink” containing distilled liquor may not contain more than three fluid
ounces of distilled liquor, or the equivalent in metric measures. Under the general manager’s authority to
permit liquor to be dispensed from other-than-the-original serving containers, branch policy also permits
it to be served in larger containers to two or more patrons, provided the maximum quantity of not more
than three ounces per person is maintained. Out of concern for over-service and over-consumption,
however, the sale or service of whole bottles of distilled liquor is not permitted.
Additionally, there are some general policies for serving wine and draught beer. 6 The single serving size
maximum for wine is 10 oz (285 ml), or in smaller servings of multiple brands, provided the total served
at one time is no more than 10 oz (285 ml); wine may also be served by the standard 750 ml bottle if it is
to be consumed by at least 2 people and with food. Wine may be served by the bottle, in non-refillable
containers of .75 litre to 1.5 litres, or in approved refillable containers of no more than 1.5 litres. The
single serving size maximum for draught beer is 24 oz (680 ml) or smaller servings of multiple brands,
provided the total served at one time is no more than 24 oz (680 ml). (A Canadian pint is 568 ml.)
Pitchers or other multiple serving containers shared by two or more patrons may contain no more than 1.5
litres of draught beer. Once again, these provisions are meant to hold both consumption and service at
appropriate levels within the licensed establishment.
F
F
Policies
7.4.1.
Serving size and preparation of a “drink” containing distilled liquor
Each drink containing distilled liquor (spirits) shall contain not more than three fluid ounces of distilled
liquor, or the metric equivalent (85ml). Liquor may be poured, and mixers added in a suitable container
in anticipation of customers ordering drinks, but must be poured into a customers’ glass in full view of
customers.
A person may not be served more than one drink at one time 7 . Drinks may be served in larger containers
to two or more patrons, but the maximum of three fluid ounces (85 ml) per person must be maintained.
Whole bottles of distilled liquor may not be sold or served, regardless of the number of persons seated at a
table.
F
F
[Liquor Control and Licensing Regulations, section 40(3) and 41(3); Liquor Control and Licensing
Branch Policy]
7.4.2.
Container and serving size for wine
Wine may be served in:




single servings of 10 oz (285 ml)
smaller servings of multiple brands, provided the total served at one time is no more than 10 oz (285
ml)
the standard 750 ml bottle if it is to be consumed by at least 2 people and with food
non-refillable containers of .75 litre to 1.5 litres, or in refillable containers of no more than 1.5 litres.
[Liquor Control and Licensing Regulations, section 40(1); Liquor Control and Licensing Branch Policy]
6
Note: Different serving sizes apply to liquor samples provided during consumer taste trials and theme night promotions or drinks bought by a
manufacturer in a licensed establishment. See chapter 12 (sections 12.3, 12.4 and 12.5).
7
For example, a licensee may not serve patrons drinks “by the tray-load”.
SECTION 7 – LIQUOR SERVICES AND SALES
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Liquor Licensing Policy Manual
7.4.3.
Container and serving size for draught beer
Draught beer may be served in:



single servings of no more than 24 oz (680 ml) - a Canadian pint is 568 ml
smaller servings of multiple brands, provided the total served at one time is no more than 24 oz (680
ml), and
pitchers or other multiple serving containers shared by two or more patrons and containing no more
than 1.5 litres of draught beer.
[Liquor Control and Licensing Regulations, section 40(1); Liquor Control and Licensing Branch Policy]
Replacement of Faulty Keg or Spoiled Product by Brewer’s
Agent
7.5
Policy Rationale
Kegs of draft beer “on tap” are a common and popular feature in many licensed establishments. Today’s
kegs are generally sturdy and fitted with reliable tapping mechanisms. If kegs are damaged or contain
spoiled product, proprietors may ask the brewer to replace it.
Accounting for keg replacements is considered part of the liquor register the licensee is required to
maintain under sections 35(3) of the Liquor Control and Licensing Regulations. Failure to account
properly for this exchange of “faulty” product may be interpreted as the licensee unlawfully purchasing
and selling liquor under sections 38(3) and 39 of the Liquor Control and Licensing Act. It may also be
interpreted as the manufacturer or their agent giving liquor to a person in a manner other than is provided
in the Act, contrary to section 52(3). Finally, it could be considered as evidence of an inducement activity
intended to “induce, further or promote the sale of a particular kind, class or brand of liquor” contrary to
section 45(1) of the Act.
Policies
7.5.1.
System of accounting for faulty keg replacement is part of liquor register
Faulty or damaged kegs, and the system or records used to account for the replacement of these kegs on
credit by a brewer’s agent, are considered to be part of a licensee’s liquor register. A liquor register may
be examined by a liquor inspector, peace officer or other person designated in writing by the general
manager. 8
F
[Liquor Control and Licensing Regulations, sections 35(3) and 40(2); Liquor Control and Licensing
Branch Policy]
7.5.2.
Failure to properly account for liquor received or credited through the
replacement of a faulty keg
Failure to account for pickup and replacement of a keg by a brewer’s agent, may be considered evidence
of:




8
unlawful sale of liquor
unlawful purchase of liquor
inducement activity intended to induce, further or promote the sale of a particular kind, class or brand
of liquor, or
giving liquor to a person in a manner other than is provided in the Liquor Control and Licensing Act.
Please see related policies under Ordering Liquor.
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, sections 38(3), 45(1) and 52(3); Liquor Control and Licensing Branch
Policy]
7.6
Off-Premises Sales
Policy Rationale
The policies governing off-premises sales of liquor reflect a balance between the branch’s two operating
principles – public safety and community standards. These sales provide a convenient service to the
public in any community, but particularly in small or rural communities with limited access to retail
liquor outlets. Unfortunately, off-sales have also, in some instances, been accompanied by overconsumption and related social problems.
By the time of the Jansen Liquor Policy Review in 1987, some local communities were experiencing
problems. A number of local police detachments and municipalities reported that it was common for
patrons to purchase off-sales product at closing time to “carry on the party”, leaving communities to
contend with late-night street drinking and rowdiness. The situation led the government to restrict offsales hours to an 11:00 p.m. closing. Local police reported a substantial decrease in enforcement
problems after the restriction was imposed. The 11:00 p.m. closing time applies to all liquor retailers,
including government liquor stores.
The regulations and policies in place today balance public convenience with other public interest
considerations. Section 14 of the Liquor Control and Licensing Act provides the general authority for offpremises sales endorsements, and section 47 of the regulations restricts these endorsements to liquor
primary and liquor primary club licensed establishments only. Additionally, this section of the
regulations sets all of the conditions outlined above, including the 11:00 p.m. cut-off for sales. The overconsumption problems that resulted in the 11:00 p.m. restriction have also led the branch to interpret this
regulation to mean that the product must be removed from the premises immediately after it is purchased.
These and other public interest factors related to off-premises sales may be considered at the time of a
new licence application, and these sales are one of the issues that a local government or First Nation may
consider and comment upon in the form of a local government resolution. Applications for off-sales
endorsements on existing licences do not require local government resolutions.
Policies
7.6.1.
Off-premises sales endorsement
The general manager may endorse a liquor primary licence for off-premises sales provided:




the licence results from a renewal, amendment or transfer of a licence already endorsed for off
premises sales
a written application for the endorsement was received by the general manager before June 5, 2000,
or
the establishment in respect of which the endorsement is sought is at least 30 kilometres from each of
the following:
o a liquor store, including a rural agency store
o a licensee retail store
o an establishment with a licence endorsed for off premises sales.
the establishment is operated in conjunction with, at the same site and owned by the same licensee as
a brewery (the two establishments operate together as a brew pub) and the endorsement is restricted to
the sale of the brew pub’s products that are manufactured on the premises.
[Liquor Control and Licensing Regulations, section 47(1)]
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Liquor Licensing Policy Manual
7.6.2.
Consideration of local issues
At the time of a new licence application, the general manager may take into account a local government
resolution in support of or against a request for off premises sales. In addition, with a new licence
application, the general manager may require the applicant to demonstrate that the public need and
convenience would be served by endorsing the licence for off premises sales. Local government
resolutions are not considered with change applications for the addition of off premises sales
endorsements for existing licensees.
[Liquor Control and Licensing Act, section 14; Liquor Control and Licensing Branch Policy]
7.6.3.
Hours of sale
Off-premises sales are only permitted before 11:00 p.m. during the hours of sale permitted on the
licensee’s licence. All products purchased for off-premises consumption must be removed from the
premises immediately after the sale is completed. Product may not be stored in the establishment for a
customer, either within or outside the licensed area.
[Liquor Control and Licensing Regulations, section 47(2)(a) and (b); Liquor Control and Licensing
Branch Policy]
7.6.4.
Types of liquor sold
Off-premises sales may include the following types of liquor:





wine
domestic and imported beer
draught beer
cider, and
coolers.
[Liquor Control and Licensing Regulations, section 47(2)(c)]
7.6.5.
Place of off premises sales within the licensed establishment
The following conditions apply to the sale of packaged liquor within licensed establishments with off
premises sales endorsements:




Revised
February
2013

sales must be made from the primary service bar area, unless the general manager approved a
different area (sales counter) for off premises sales prior to June 5, 2000
self service sales are prohibited
packaged liquor must be stored behind the service bar (or sales counter), and
packaged liquor is not permitted in the public red-lined area until the sale is completed and must be
removed from the premises immediately thereafter.
a licensee with a catering endorsement must not offer off premises sales at an event catered by the
licensee.
[Liquor Control and Licensing Regulations, section 47(2)(d), 47(3), and 47(5)]
7.6.6.
Brew pub container sizes and refills
A brewery which is part of a brew pub establishment which has an endorsement for off-premises sales of
its products which are manufactured on site may package (i.e. fill containers with) the brewery’s products
for off premises sales in the brewery or in the liquor primary establishment. In either case, all off premises
products are treated as packaged liquor products. The brew pub must decide what sizes to offer its product
in and obtain from the Liquor Distribution Branch registration and product codes for each size of
container for each type of product it intends to offer for off premises sales.
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Liquor Licensing Policy Manual
The brew pub may allow customers to bring back empty containers which were previously purchased to
have them refilled at the bar. The sale would be reported to LDB as a sale from the liquor primary
establishment using the applicable product code for that size of container.
(These provisions apply only to liquor primary establishments which are part of a brew pub. Liquor
primary establishments with off premises sales endorsements not attached to a brew-pub may sell their
products off premises but only in the original containers which were purchased from the Liquor
Distribution Branch. They must not, for example, fill containers from a large keg for off premises
consumption.)
7.7
Special Conditions
Policy Rationale
Individual licensed establishments vary greatly from one another. Nevertheless, for the most part, liquor
licensing regulations and policies apply generally, across a broad cross section of establishment types.
Some “special conditions”, however, do apply to a number of establishments because of their unique
character. These include: clubs, golf courses with kiosks, take-out windows and beverage carts, motor
vessels, room service and mini-bars in establishments offering overnight accommodation, concert halls,
curling clubs, golf course facilities, recreation centres, stadiums/arenas, theatres and downhill ski resort
areas.
The terms and conditions which apply in these special conditions reflect the branch’s mandate to prevent
minors from accessing liquor, hold licensees accountable for the care and control of the establishment and
promote public safety by reducing the incidence of public intoxication. Exemptions from policy are
strictly limited because both the branch and local government took into account the nature of the activities
and events proposed for the licensed venue when reviewing the application and approving the licence.
Had the original application been based on the proposed activities/events for which the exemption is
sought the branch and/or local government may not have approved it, or approved it with different terms
and conditions.
Clubs
The statutory provisions that apply to clubs can be found in sections 1, 24, 25 and 27 of the Liquor
Control and Licensing Act, and section 52 of the regulations. These provisions largely relate to the sale of
liquor to club members and guests, the management of guests, and the management of liquor for personal
consumption by club members.
An understanding of the way a club is defined in the Act is key to an understanding of the rationale for
these provisions. First of all, the definition of “club” in section 1 of the Act sets the standard eligibility
criteria for club licences, in terms of a minimum number of members, minimum membership fee and
primary operating purpose. Clubs are understood as not operating primarily for profit, and liquor sales
are restricted by section 25 of the Act to actual club members and their guests. As a result of these
provisions, a club is not generally considered to be a public place in the sense that other establishments
are public places. A club, by definition, must have members, and all clubs restrict access to members and
guests accompanied by members only. Licensees must control entry into their licensed areas by
maintaining a daily record of the names and addresses of all guests and their member hosts.
As a result of these legislated distinctions between clubs and other licensed establishments, and the
safeguards that are established by policy to control liquor service, clubs are eligible under section 27 of
the Act, at the discretion of the general manager, to hold liquor for the personal consumption of club
members. The general manager may also approve the sale of liquor to members and their guests in
certain locations outside the licensed area.
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Sale and Service on the Playing Area of a Golf Course
A liquor primary licence can be issued for the playing area of a golf course which permits the sale and
service of liquor from a kiosk, take-out window or beverage cart. The playing area can also be licensed
with service from the interior liquor primary service bar. However, there is no requirement that a licensee
also operate an interior liquor primary lounge to obtain a kiosk, cart or service window. Special
conditions apply to liquor sales and service on the playing area of a golf course , in this case established
under the general manager‘s broader authority to set licence terms and conditions under sections 12(2)
and 12(3) of the Act. Since the licensee‘s ability to supervise patron behaviour over such a large area is
difficult, the rules for liquor service in the playing area of a golf course are fairly restrictive. The
conditions set out in the policy below relate to both the responsibilities of the licensee and servers from
kiosks, take-out windows, beverage carts, or the interior liquor primary service bar, as well as to the areas
of the golf course where liquor may be consumed or carried. Special outdoor signage requirements also
apply when liquor service is available by these means.
Motor Vessels
Special conditions apply to liquor sales and service on motor vessels, again established under the general
manager’s broader authority to set licence terms and conditions under section 12 of the Act. The
conditions for motor vessels were established to accommodate the circumstances of a particular category
of motor vessel, including cruise ships or larger motor vessels that ply scheduled routes or travel from one
destination to another. The intent is also to recognize that some charter vessels provide a service that,
while primarily marine oriented, is consistent with the services provided by other sectors of the hospitality
industry (for example, luncheon and dinner cruises), and may therefore be appropriate for licensing.
To ensure that motor vessel licensing is in the public interest, and recognizing the difficulties of
controlling patrons when the licensee has a limited ability to eject unruly or intoxicated persons, the
policy gives special consideration to providing for the safety of passengers who have consumed alcohol.
These requirements are incorporated into federal safety standards for the type of boat transportation being
offered. As a condition of the liquor licence, the licensee must demonstrate that these standards have
been met.
All liquor must be purchased through a designated liquor store or other person approved by the Liquor
Distribution Branch. This legislated requirement for all licence classes is explicitly stated in the motor
vessel policy to clarify that liquor cannot be purchased at American ports for service during the cruise or
tour.
Finally, the special conditions that apply to motor vessels permit liquor service at dockside for a
maximum of up to one hour prior to departure and one hour after the end of the trip. If dockside service
beyond these times is contemplated, the licensee must first obtain a resolution from the appropriate local
government or First Nation. The general manager, in deciding whether to authorize the extended liquor
service hours, then takes this resolution into consideration. This limitation is in effect because of the
potentially negative effects liquor service may have on communities. The policies set out below reflect
the view that the purpose of licensing is to permit liquor service while the vessel is underway, and that,
with the exception of the one hour service prior to departure and after the vessel’s return, liquor sales and
services in the community can be provided by means other than dockside liquor service.
Room Service
Room service policy is entirely crafted around section 48(1) of the Liquor Control and Licensing
Regulations. This section permits a licensed establishments offering overnight accommodation to provide
room service sales to guests, on the condition that the type of liquor sold is permitted by the terms of the
licence and that sales take place only during the licensed hours of operation.
These requirements, like those for off-premises sales, strike a balance between public convenience and
the public safety concern that the community must be safeguarded from the effects of inappropriate
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Liquor Licensing Policy Manual
alcohol sales and irresponsible consumption. The intent of the room service regulations and policy is to
allow people to enjoy a drink in their temporary residences, just as they would in their homes.
Nevertheless, all terms and conditions of the hotel liquor licence apply, and the onus remains on the
licensee to ensure that minors are not served with liquor and that liquor is served in a responsible manner.
Mini-bars
The rationale for mini-bars is closely related to that for room service. Both mini-bars and room service
extend the licensed area into the hotel rooms of registered guests who are of legal age. For mini-bars, this
is done under authority of section 48(2) of the regulations, and under the general manager’s authority
under section 12(3)(b) of the Act to “… designate the areas of an establishment, both indoor and outdoor,
where liquor may be sold and served”. At a hotel, for example, the hotel guest is, in effect, “served” with
a stocked mini-bar when the hotel provides the guest with a key to the mini-bar. The key is given to the
guest under the proviso that access to the mini-bar is extended only to registered guests over the age of 19
years. When checking out, the guest “returns” the unused portion of the mini-bar by returning the key,
and pays for any items that were consumed.
As with room service, the intent is to enable a hotel guest to enjoy a drink in his or her “home away from
home”. Also, as for room service, mini-bars are permitted only in licensed establishments offering
overnight accommodation. Mini-bars provide consumption controls by offering single serving minibottles, as well as snacks, and by selling the products at prices that are generally somewhat higher than in
the establishment’s lounge or dining room
Concert halls, live event theatres, motion picture theatres, convention and conference
centres, stadiums/arenas, recreation centres
Convention/conference centres, stadiums/arenas, concert halls, live event theatres and movie theatres
which have event driven liquor primary licences do not have to apply to be temporarily delicensed/suspended to hold non-liquor events. The dressing room and “green room” (a room for
performers when not required to be on stage) areas of concert halls/live-event theatres,
convention/conference centres, and stadiums/arenas (as well as clubs and recreational, community or
municipal or provincial cultural centres where s. 27 applies, see 7.7.13, below) with liquor primary
licences may be licensed under the liquor primary licence with special terms and conditions or as green
lined areas of a liquor primary establishment (see 7.7.13, below). By licensing these areas where liquor is
commonly consumed by the players or performers (even when the areas are not licensed), the licensee
assumes responsibility for the care and control of liquor consumption in these areas and the branch retains
its supervisory and inspection authority at all times. Since the dressing rooms, particularly those of
stadiums and arenas, will be used by teams of minors and mixed minors and adults, often alternating day
by day or week by week, the special LP terms and conditions or the green line designation allows the
licensee to de-license these areas to accommodate the presence of minors without having to apply to the
branch every time. Since the liquor primary licences for these facilities are event driven, licensed dressing
rooms and “green rooms” are also event driven.
Licences issued on or before August 1, 2012 for establishments which do not fit the definitions set out in
this section will be renewed annually upon application. Complete applications received prior to July 31,
2012, will be assessed against the policy which was in effect at the time.
Concert halls/live event theatres
A concert hall/live event theatre is a large room, hall, building or premises, the primary purpose of
which is to be a place where the public gathers to view live performances featuring entertainment
such as music, singing, dancing, acting, comedy or variety shows or public speaking.
As an event driven LP licence, liquor may only be served when some type of performance is taking
place.
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Liquor Licensing Policy Manual
Generally concert halls/live event theatres have fixed, tiered seating. Dance floors or areas are not
permitted in a concert hall/live event theatre regardless of size.
Subject to limitations imposed by the general manager:
 all types of liquor may be sold,
 liquor service is allowed in the theatre lobby with minors present and in the seating area if
minors are not present,
 the liquor service area from which patrons obtain their liquor must not be in the auditorium,
 taking patron orders for liquor is permitted in the auditorium but hawking (offering of prepoured drinks from a tray) in the auditorium is not allowed,
 minors are not permitted to be present when there is adult entertainment, and
 liquor service is always event or activity specific (see 7.7.7 – event driven licences) and is
limited to a short time before and after the event and at intermissions.
Motion picture theatres (movie theatres)
A movie theatre is a building or premises primarily designed for the presentation of movies and
broadcast performances to the public. A motion picture is any moving visual image that may be
generated for viewing from any medium, including film, video tape, video disk or an electronic or
digital storage device, or any source, including electronic, wire, fibre optic cable, telecommunication,
digital or satellite sources. It does not include a video game. A motion picture theatre licence is
required for an establishment that shows even one movie a year.
Generally movie theatres have fixed, tiered seating. Dance floors or areas are not permitted in a
movie theatre regardless of size.
Motion picture theatres (except for drive-in theatres) may apply for a liquor primary licence. Subject
to limitations imposed by the general manager, all types of liquor may be sold, liquor service is
allowed in the theatre lobby with minors present and in the seating area if minors are not present, the
liquor service area must not be in the auditorium, hawking in the auditorium is not allowed, minors
are not permitted to be present when there is adult entertainment, and liquor service is always event or
activity specific (see 7.7.7 – event driven licences) and is limited to a short time before and after the
event and at intermissions.
Convention/conference centres
A convention/conference centre is a building with at least one large exhibition area and one or more
smaller rooms or halls of sufficient size and having adequate support facilities such as washrooms,
assembly areas and catering services which, as its primary purpose, hosts provincial, national and
international meetings, trade shows, conferences, congresses and conventions. Universities may have
convention/conference centres composed of a number of separate facilities as well as multiple rooms
in single facilities. Convention/conference centres are distinguished from concert halls/theatres and
stadiums/arenas by the breadth of events which they are designed to host.
Subject to limitations imposed by the general manager, liquor service is always event or activity
specific (see 7.7.7 – event driven licences), all types of liquor may be sold and minors are allowed in
the licensed area except when there is adult entertainment.
“Multi-purpose” establishments, which are generally smaller venues with limited capacity to provide
the full range of services required by large conventions or trade shows, are not eligible for a licence.
These establishments hold themselves open for rental by any organization for any type of event from
a meeting through to an all ages community dance. Because they are available for rental by any type
of organization for any type of event it is not possible to identify their primary purpose and it is
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Liquor Licensing Policy Manual
impossible for the branch or local government to assess their suitability as a venue licensed to serve
liquor.
Stadiums/arenas
A stadium/arena is a permanent structure consisting of outside walls, a central playing area with
tiered seating for viewing and additional support facilities such as dressing rooms, concession areas
and washrooms – it is more than just a playing field with bleachers -- that is used primarily as a venue
for live professional and amateur sporting events and live concerts.
Recreation Centres:
A recreation centre offers a variety of sporting, cultural and social activities to members and the
general public. Recreational centres include golf courses, tennis, squash or racquet ball courts, skiing
facilities, curling, hockey and other skating options, dance options, exercise facilities, bowling
facilities and swimming facilities. Recreation centres provide facilities for members and the public to
actively participate in physical activities and cultural pursuits.
Stadiums
The sale or service of spirits is generally prohibited in stadiums under the general manager’s authority in
section 12(3)(b) of the Act. The remainder of the special conditions that apply to stadiums are largely
addressed under section 49 of the regulations.
Revised
October
2013
To ensure the safety of spectators in stadiums, this section specifies that liquor may be served only in
plastic, paper or other disposable containers, including disposable/recyclable plastic bottles or aluminum
cans that are opened prior to handing them over to patrons — unless the general manager expressly
authorizes some other type of container for use in all or parts of the stadium. Also, so that liquor sales or
service is not inappropriately associated with an activity or event taking place at a stadium — for
example, a sporting event in which the participants are children or youths, or entertainment which appeals
largely to children — the regulations stipulate that the organizer or promoter sponsoring the event must
give their written consent for the stadium to sell liquor during their event. Stadium licensees may apply to
the general manager for permission to have vendors in the stands (hawkers). The same rules apply for
vendors selling and serving alcohol in the stadium stands as for other staff serving liquor in the stadium.
In addition, hawkers must not be minors and must not be paid on a commission basis. Stadium licensees
may apply to the general manager for permission to offer self-service of liquor in private suites/boxes and
are permitted to sell and serve spirits and allow minors in private suites/boxes. Finally, out of
consideration of non-drinking spectators, specific areas of the stadium’s tiered seating must be designated
as areas where the possession and consumption of liquor is not allowed. These “dry” areas must consist of
a reasonable choice of seats within the range of ticket prices offered at the stadium, and they must be
consistent in numbers to the level of demand for seats of this kind in the stadium.
Stadiums/arenas, Concert Halls, Convention Centres and Live Event and Movie
theatres — Event driven licences
While most establishments may serve liquor at any time during licensed hours, some types of
establishments may only serve liquor in conjunction with an event – the licence is described as “event
driven.” The establishment is always licensed but the hours of service are limited to a short time
surrounding the event – they are “event driven.” Liquor cannot be sold or served at other times unless the
establishment is temporarily de-licensed and another licence comes into effect – such as an SOL.
The term “event driven” refers to particular events or presentations which may be delivered through live
performers (“live events”) or by means of films or broadcasts. Liquor service in concert halls and live
event and movie theatres is always event driven. Conference centres, stadiums/arenas, cultural centres and
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Liquor Licensing Policy Manual
similar establishments may also be event-driven. Special event areas at a licensed winery are also event
driven only (see Licensing Policy Manual section 8.1.8).
An event is a “live event” only if the primary presentation occurs through individuals who are physically
presenting the event. Common types of live events are presentations by an individual performer, a band, a
theatre company, a dance troop, or a comedy or variety show. The presenters or performers may use
mechanical or visual aids in support of their activities or presentations but the primary focus of the event
is on the individuals who are there in person and the live actions they perform.
Live events which are more typically presented at a stadium include sporting events, various types of live
band, or public rallies led by a person on stage. Typical events for concert halls include plays and other
dramatic presentations, comedy acts, symphonies and popular music and variety shows. In most cases,
events which are more typically presented in conference centres, such as expositions with themes such
home and garden, boats, or recreational vehicles do not qualify as live events since the primary purpose of
the event is to display objects which people look at or try out. However, conventions such as annual
conferences of professional organizations or conferences related to particular topics such as climate
change, governance, or security may be live events if the primary focus is on presentations by live
speakers.
The licensed hours are typically specified as, for example, from noon to 2:00 a.m. with the additional
term and condition that “Liquor service is event driven only,” signifying that within the licensed hours
liquor service may only occur when associated with an event. The wording of the term and condition
which specifies that the liquor service hours are event driven typically would be something like “Liquor
service is event driven only. Liquor service hours of sale limited to one hour prior to, during and one hour
after an event.”
Stadiums – Private suites/boxes
Liquor primary licensees in stadiums may apply to the general manager for permission to allow selfservice of liquor in private suites/boxes in stadiums. Licensees are responsible for regularly monitoring
private suites/boxes and ensuring that they retain copies of any keys or access codes to the private
suites/boxes and all locked cabinets in the suites/boxes.
The sale and service of spirits is allowed in privates suites/boxes in stadiums. Also, minors are permitted
in private suites/boxes in stadiums.
Licensed area of a curling club, golf course facility, recreation centre, and stadium –
Exemption Endorsement to Permit Minors
Minors are permitted into liquor primary and liquor primary club establishments located in curling clubs,
golf course facilities, recreation centres, and stadiums with special terms and conditions, provided they
have approval from the general manager. For the purposes of this exemption, eligible recreational
facilities must have a primary focus of one or more recreational or sporting activities (e.g. tennis clubs,
rowing clubs, municipal recreation centres). The licensed lounge area that is eligible for this term and
condition does not include multi-purpose rooms or banquet facilities. (The presence of minors in private
suites/boxes in stadiums is dealt with in s. 7.7.9.) Billiard halls do not qualify.
Section 9 of the regulations permits minors in a liquor primary establishment on an exception basis if they
are entertainers or if, as is the case with licensed establishments located in curling clubs, golf course
facilities, recreation centres, and stadiums, the general manager determines the exception to be in the
public interest.
Minors are often involved in sports and recreational activities, and in most curling clubs, golf course
facilities, recreation centres, and stadiums the lounge area provides the only space for larger groups to get
together. It is desirable for minors to be included in pre or post game analysis, most of which, by
necessity, takes place in the lounge area of a curling club, golf course, recreation centre, or stadium.
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Furthermore, permitting minors into the licensed areas where the focus is on sports and recreational
activities is considered to be in the public interest as it will facilitate tourism and expand dining
opportunities for families and minors participating in sports and recreational activities.
The terms and conditions under which curling clubs, golf course facilities, recreation centres, and
stadiums may permit minors to enter their liquor primary lounge licensed area include the following:
 Minors are permitted into the licensed area only when the facility is open and actively functioning for
recreation purposes on a day-to-day basis and is being used for sports, sports-related, or recreational
activities only (for example, in the case of a seasonal recreation facility, minors would not be
permitted in the separate liquor-primary or liquor-primary club licensed area during the off-season;
 Minors are not required to be accompanied by a parent or guardian;
 Minors must leave the licensed lounge no later than 10:00 p.m:
 Signage must be placed in a prominent location within the establishment that reads “Minors are
permitted until 10:00 p.m.”
 Adult entertainment, if offered, must not commence until after 10:00 p.m. (see 11.5.1);
 Minors are not permitted in the LP or LP club licensed area when the facility is being used for an
activity which is clearly adult or non-recreational in nature, such as pub nights, holiday parties, and
concerts; and
 Minors are not permitted if any gaming (gambling) activity takes place, with the exception of ticket
raffles licensed under the Gaming Control Act or the sale of B.C. lottery products.
Recreation centres – minors attending special banquet activities or award ceremonies
Minors may be in the licensed area of a recreation centre in order to attend special banquet activities or
other types of award ceremonies, provided:




only minors who were competitors in the associated event may attend;
minors must be accompanied by a parent or guardian;
minors will only be allowed to attend during the full sit-down meal and award ceremonies; and
minors must leave at the end of the meal and related ceremony.
Bowling Centres Concourse and/or Bowlers’ Seating Area – Exemption Endorsement
to Permit Minors
The bowlers’ area (the concourse and/or bowlers’ seating area immediately behind the bowling lanes)
may be included for consideration in an application for a liquor primary licence. If the application is
approved, minors unaccompanied by a parent or guardian may be present in specific portions of the
bowling centre’s licensed area, but they are generally prohibited in a separate licensed lounge area.
Bowling centres with an existing liquor primary licence for a dedicated lounge may apply for a structural
change to include the concourse and/or bowlers’ seating area. The compliance history of the licensed
establishment will be one of the factors considered in evaluating whether to permit minors in these areas.
If the licensee wishes to apply for the term and condition to permit minors, a separate application for a
permanent change to a liquor licence will be required (form LCLB005b). Local government input is not
required.
The following terms and conditions apply:



Minors are generally prohibited in the stand alone lounge;
A reasonable section of the bowling centre must be set aside where consumption of liquor is not
permitted out of consideration for non-drinking patrons; and
Liquor service is not permitted in the concourse or playing area during youth tournaments.
SECTION 7 – LIQUOR SERVICES AND SALES
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
Minors are not permitted if any gaming (gambling) activity takes place, with the exception of ticket
raffles licensed under the Gaming Control Act or the sale of B.C. lottery products.
Downhill Ski Resort Areas – Exemption Endorsement to Permit Minors
The last set of special conditions for licensed establishments specify the terms under which liquor primary
establishments located at downhill ski resort areas may permit minors to enter the premises. These are
established under section 12 of the Act which provides the general manager broad authority to set licence
terms and conditions. Section 9 of the regulations permits minors in a liquor primary establishment on an
exception basis if they are entertainers or if, as is the case with downhill ski resort area establishments, the
general manager determines the exception to be in the public interest.
Many downhill ski resort areas in BC are world-renowned tourist destinations. This licence endorsement
responds to the unique characteristics of establishments in these areas, specifically, that that they exist to
serve the skiing community. Unlike urban communities, some of these areas may provide only limited
food and beverage services for visitors travelling with their children.
The terms and conditions support the policy intent to provide convenient après-ski food and beverage
options for visiting families while preserving regulations that are effective in protecting public safety. In
addition to requiring that a parent or adult guardian accompany minors, the policy requires that signage be
placed in a prominent location within the establishment that states, “Minors are permitted until 8:00p.m.”
Adult entertainment and gaming (gambling), if offered, cannot begin until after 8:00 p.m. (see 11.5.1),
with the exception of ticket raffles licensed under the Gaming Control Act or the sale of B.C. lottery
products.
Policies
7.7.1.
Conditions for liquor sales and service in clubs
The following general terms and conditions apply to a liquor primary club licence:



liquor may be sold or served only to club members and their guests
entry into the licensed area of the club must be controlled by maintaining a register of the names of all
guests, the name of the member accompanying each guest, and the date the guest is in attendance
only persons who are club employees, members, or registered guests are permitted in the licensed
area of the club.
In addition, the general manager may attach the following specific conditions to a liquor primary club
licence:



members are required to secure all liquor kept by members for personal consumption while on the
premises in personal lockers when not being consumed
bar and food service may not be catered or provided by subcontract, and
such other terms and conditions as may be imposed in the public interest.
[Liquor Control and Licensing Act, sections 12(3) and 27; Liquor Control and Licensing Regulations,
section 52]
7.7.2.
Conditions for liquor sales and service on the playing area of a golf course
The following general terms and conditions apply to liquor sales and service to patrons on the playing
area of a golf course from kiosks, take-out windows, beverage carts and interior liquor primary service
bars:

golf course applicants/licensees must notify the Liquor Control and Licensing Branch of their
intention to serve liquor to patrons on the playing area from a kiosk, take-out window, beverage cart,
or through the interior liquor primary service bar
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a golf course must have a liquor primary licence to serve liquor from a kiosk, take-out window, or
beverage cart; a golf course must have an interior liquor primary licence to allow service from the
main service bar to the playing area
in the case of service to the playing area from an interior bar, the liquor primary service bar must be
located such that liquor is not carried through an unlicensed area or an area licensed under a different
licence such as a food primary
one beverage cart is permitted for every nine holes on a golf course
persons serving liquor on the playing area of the golf course must be employed by the licensee of the
liquor primary licensed establishment, be at least 19 years of age, and have successfully completed
Serving It Right: The Responsible Beverage Service Program
liquor purchased for consumption on a golf course must not be consumed or carried in areas other
than the playing area or the liquor primary area
the licensee is responsible for ensuring that patrons do not bring their own liquor onto the course
liquor service may be offered only during the hours stated on the liquor licence
during the hours of liquor service, snacks and non-alcoholic beverages must be available for sale at
reasonable prices
rules pertaining to the availability of liquor service on the playing area from beverage carts, kiosks,
take-out windows or from the interior liquor primary service bar are to be posted before the first tee
box where patrons can see them
the playing area does not include practice areas such as the driving range or the putting green
signs must be posted at the tee box one hole before a roadway crossing notifying golfers that they are
not to consume or hand-carry beverages containing alcohol while crossing public roads in a golf cart,
and
such other terms and conditions as may be imposed in the public interest.
[Liquor Control and Licensing Act, sections 12(2) and 12(3); Liquor Control and Licensing Branch
Policy]
7.7.3.
Conditions for liquor sales and service on motor vessels
In addition to such other terms and conditions as may apply to a liquor primary licence, the general
manager may attach the following conditions to the liquor primary licence of a motor vessel:


federal safety standards for the type of boat transportation offered must be met
liquor kept on board must be ordered through a designated liquor store or other person approved by
the Liquor Distribution Branch, unless otherwise approved by the general manager 9
dockside liquor service offered more than one hour before sailing and after the end of the boat
transportation provided will be as authorized by the general manager, taking into account a resolution
of the local government or First Nation 10 , and
such other terms and conditions as may be imposed by the general manager in the public interest.
F

F

F
[Liquor Control and Licensing Act, section 12(3); Liquor Control and Licensing Branch Policy]
7.7.4.
Conditions for liquor sales and service through room service
In addition to such other terms and conditions as may apply to a licence, a licensed establishment offering
overnight accommodation to registered guests may sell and serve liquor to registered adult guests in their
room, provided:
9
See related discussion and policy under Ordering Liquor earlier in this chapter.
If dockside liquor service is proposed beyond one hour before sailing or after the end of the boat transportation provided, a resolution from
local government or First Nation commenting on the request must first be obtained. The general manager will then take into account any
comments provided by the local government or First Nation in determining whether it is in the public interest to permit dockside liquor service
for the longer period requested.
10
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
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sale and service is only during the hours of liquor service allowed on the licensee’s licence
the types of liquor sold and served in this way are allowed for sale and service by the terms and
conditions of the licence,
the establishment offers room service meals to registered guests, and
the licensee complies with such other terms and conditions as may be imposed by the general
manager in the public interest.
[Liquor Control and Licensing Act, section 12(3); Liquor Control and Licensing Regulations, section
48(1)]
7.7.5.
Conditions for liquor sales and service through mini-bars
Unless restricted from doing so by the terms and conditions of its licence, an establishment with a liquor
primary licence offering overnight accommodation to registered guests may provide a mini-bar service
through which liquor may be purchased at any time in guest rooms. In addition to such other terms and
conditions as may apply, the general manager may attach the following conditions to the liquor primary
licence of an establishment providing mini-bar service:


key access to locked mini or portable bars is only extended to registered guests over the age of 19
years, and
such other terms and conditions as may be imposed in the public interest.
[Liquor Control and Licensing Act, section 12(3)(b); Liquor Control and Licensing Regulations, section
48(2); Liquor Control and Licensing Branch Policy]
7.7.6.
Conditions for liquor sales and service in stadiums/arenas
In addition to such other terms and conditions as may apply to a liquor primary licence, the general
manager may attach the following conditions to the liquor primary licence of a stadium/arena:

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



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liquor service is always event driven (see 7.7.7 – event driven licences)
sale or service of spirits is prohibited unless otherwise authorized by the general manager (see –
stadium boxes)
sale or service of liquor in the stands is permitted only if authorized by the general manager
beverages must be served in plastic, paper or other disposable containers, including
disposable/recyclable plastic bottles that are uncapped prior to handing them over to patrons, unless
otherwise authorized by the general manager
liquor must not be sold at an activity or event without the written consent of the organizer or promoter
sponsoring the activity or event
minors are allowed to be present in the tiered seating area except when there is adult entertainment
stadium vendors (hawkers) must not be paid on a commission basis
hawkers must not be minors, and
areas of the stadium‘s tiered seating area are designated as areas where the possession and
consumption of liquor is not allowed; unless otherwise authorized by the general manager, these areas
must:
o consist of a reasonable choice of seats within the range of ticket prices offered at the stadium,
and
o are each of a size appropriate to the level of demand for seats in those areas of the stadium.
[Liquor Control and Licensing Act, section 12(3)(b); Liquor Control and Licensing Regulations, section
49; Liquor Control and Licensing Branch Policy]
7.7.7.
Stadiums/arenas, concert halls, convention centres and live event and movie
theatres: event driven licences
When the liquor primary licence is event driven the following general terms and conditions apply:
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


the event must be a discrete event which is presented through individuals or films or broadcasts;
the hours of liquor service must be associated with the events and are limited, as appropriate for the
particular establishment, to a short time before, during and after the event;
the establishment is always licensed but the hours of service are very limited and are always related to
the presentation of a discrete event - liquor cannot be sold or served at other times unless the
establishment is temporarily de-licensed and another licence comes into effect – such as an SOL.
[Liquor Control and Licensing Act, section 12(3)(b); Liquor Control and Licensing Regulations, section
8; Liquor Control and Licensing Branch Policy]
7.7.9
Stadiums – Private suites/boxes: self-service, spirits and minors
Stadiums which have a liquor primary licence may apply for approval to allow stocking of private
suites/boxes and self-service by the patrons using those suites/boxes. This may include stocking full
bottles of spirits allowing for “bottle service,” i.e. the practice of patrons having full bottles of spirits and
serving themselves from those bottles, in the suite/box.
The term ‘suite/box’ means an area in a stadium which is clearly delineated on all four sides as separate
seating, with three walls being floor to ceiling and with one or more doorways, which is rented as a whole
and with clear views of the events occurring at the stadium and which is rented for event viewing either
by the event or game or for all or part of a season.
The following terms and conditions apply to self-service in private suites and boxes

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All liquor used in the suites/boxes must be purchased from the licensee at regular prices;
All types of liquor may be pre-stocked;
Glassware is permitted in the suite/box;
Patrons may serve themselves from the liquor supplied to the suite/box; staff may also serve patrons;
Liquor must not be taken from the suite/box to other parts of the stadium;
Minors may be present in the suite/box but if there are no adults present the liquor must be secured in
a locked cabinet;
No other form of entertainment is allowed; the suite/box is intended for viewing the entertainment
provided at the stadium;
Suite/box renters may order liquor from the licensee for an event and have it stored in a refrigerator or
bar in the suite/box;
If the suite/box is for the exclusive use of one renter, liquor remaining at the end of the event may be
stored in a locked cabinet in the suite/box for use at a different event; excess liquor must not be taken
away from the stadium;
If the suite/box is not used exclusively by one renter then at the end of the event all remaining liquor
must be returned to the licensee;
Licensees are required to regularly monitor suites/boxes to ensure compliance with liquor laws and
the terms and conditions of the licence;
In addition to the enforcement actions that the general manager can take, the licensee must also
immediately remove intoxicated patrons from the establishment and immediately remove or lock up
all stocked liquor if patrons of the suite/box are over consuming or intoxicated or minors are
consuming liquor and, for the rest of that event, allow only regular liquor service for consumption in
the suite/box.
It is the responsibility of licensees to ensure that they have access to and control over all areas inside the
stadium, including private suites/boxes.
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Where licensees require locked storage cabinets in private suites/boxes, they must retain copies of the
keys or access codes for every cabinet or storage area in the boxes and must provide the keys and access
codes to liquor inspectors upon request.
Spirits may be sold and served in private suites/boxes.
Minors are allowed in private suites/boxes in licensed stadiums. Of course, minors must not have access
to or consume liquor.
7.7.10 Downhill ski resort areas – exemption endorsement to permit minors
The following conditions apply to the liquor primary licence of an establishment, located at a downhill ski
resort area, for which the general manager has approved an endorsement to permit minors:




minors are accompanied by a parent or adult guardian
minors leave the premises no later than 8:00p.m.
signage is placed in a prominent location within the establishment that reads “Minors are permitted
until 8:00p.m. when accompanied by a parent or guardian”,
adult entertainment (see 11.5.1), if offered, is not provided until after 8:00 p.m., and
minors are not permitted when any gaming (gambling) activity in taking place, with the exception of
ticket raffles licensed under the Gaming Control Act or the sale of B.C. lottery products.
[Liquor Control and Licensing Act, sections 12(2), 12(3), and 12(6), Liquor Control and Licensing
Regulations, section 9(a)(ii), and Liquor Control and Licensing Branch Policy]
7.7.11 Conditions for liquor sales and service in movie and live event theatres
The April 2012, amendment to the Liquor Control and Licensing Regulation removed the prohibition on
the liquor primary licensing of movie theatres, authorized live event theatres to show films and broadcasts
(including movies) with no liquor service or apply to serve liquor in the lobby at film and broadcast
events and to licence theatre auditoriums.
Licensed live event theatres may show films or broadcasts and may have live all-ages events without
liquor service without seeking approval from or providing notice to the branch.
The liquor service area from which patrons obtain their liquor must not be in the auditorium.
Although individual patron orders may be taken provided in the auditorium, hawking of liquor (offering
of pre-poured drinks from a tray) is not allowed in the auditorium.
Multiplex theatres may be licensed subject to the following terms and conditions:

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Patrons must have purchased ticket to enter theatre;
Liquor service is permitted in a separate, age restricted (no minors permitted) LP lounge and any
connected age controlled theatre auditoriums (i.e. not the entire lobby area);
LP lounge, theatre auditorium and connecting hallways/areas may all be part of the licensed area;
Hours of liquor service to be event-driven (i.e. from 1 hour prior to 1 hour after movie screening)
within the approved liquor service hours;
Liquor service is also permitted in a separate, all ages food primary (FP).
Single screen movie/live event theatres may be licensed under the following conditions:


Patrons must have purchased ticket to enter theatre;
Liquor service permitted in the lobby and theatre auditorium, all of which may be licensed as an LP;
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
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Liquor service is permitted in the theatre lobby with minors present;
No liquor service is permitted in the theatre auditorium if minors are present (an exception is made
for live events at live event venues that have already obtained prior approval of the general manager);
Hours of liquor service to be event-driven (i.e. from 1 hour prior to 1 hour after movie screening)
within the approved liquor service hours;
Licensees have discretion to determine if a given movie/event is age restricted (no minors permitted)
without applying for LCLB permission or notifying LCLB;
o Liquor service for age restricted (no minors permitted) movies/events is permitted in the
auditorium and the theatre lobby(appropriate signage that no minors are permitted must be
posted); and
o Liquor service for-all ages movies/live events is permitted only in the theatre lobby area;
Live event venues will be able to show pay-per-view or other broadcasts;
Liquor service also permitted in a separate, all ages food primary (FP).
7.7.12 Section 27 green lined areas
Green lined areas allow licensees flexibility in using and/or renting portions of their establishments
without having to apply to the branch to be temporarily de-licensed and permit a number of privileges not
otherwise available. Green lined areas can be separate rooms, a separate floor of the establishment or an
open area adjoining the red lined area with no physical division.
The green line option only applies to a club, recreational centre, community centre or municipal or
provincial cultural centre.
Section 27 (a) green lined areas – personal liquor stock:
Section 27 (a) authorizes the general manager to permit a licensee to extend “locker privileges" to
members of establishments licensed under a club licence (private clubs could be golf courses,
curling clubs) and recreational centres and in some cases, reviewed individually, for members of
recreation centres, community centres, cultural centres etc. These privileges allows the member
to keep a small quantity of liquor in the member’s locker for personal consumption. The liquor
must be purchased from the licensee and consumed in the area approved for this. No external
liquor can be brought into the establishment or locker area and the liquor must not be taken home
or away from the premises. The areas where this privileges applies are green lined on the
establishment’s plans.
Section 27(b)(i) green lined areas – alternate use:
Section 27(b)(i) of the act authorizes the general manager to grant a form of discretionary
licensing to a club, recreational centre, community centre or municipal or provincial cultural
centre. When granted this type of licence the licensee has the option of providing or not providing
liquor service in areas covered by the s. 27(b)(i) authorisation. These areas are noted on the
premises’ plans by a green line. When a green lined area is not being used for liquor service, the
rules governing a licensed area no longer apply. The practical result of this designation is that
when liquor is not being served these areas are unlicensed. The licensee does not need to apply to
temporarily de-license the area.
Section 27(b)(ii) green lined areas – off premises:
Section 27(b)(ii) authorizes the general manager to permit liquor service off the licensed premises
but on the same site. This paragraph is not used very often but typical examples of its use are for a
special event such as a garden party, club barbecue or outside function. For example, such
authorization could allow club members and their guests to consume liquor that they have
purchased from the licensee on the lawn at the back of the premises.
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When a licensee decides that it will provide liquor service in a green lined area, the area must operate as
an extension of its red lined area. When, however, a licensee decides that it will not provide liquor service
in its green lined areas (the licensee decides to temporarily de-license the areas – there is no need to apply
to the branch), the areas may be used in three ways:

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A liquor primary club can hold an event for its members and the general public.
The green lined area may be rented to a public organization for a non-liquor event.
The green lined area may be rented to a Special Occasion Licence (SOL) holder. The SOL holder is
subject to all the terms and conditions which apply to the SOL: the SOL holder may invite anyone
from the public including minors and must:
o purchase their own liquor for use at the SOL, and
o ensure that liquor does not move in either direction between the still active LP or LP club red
lined area and the SOL licensed green lined area for any reason whatsoever.
The permanent licensee may have its licence in effect in the red lined area while an SOL renter is having
an event in one or more of the green lined areas. Note: multiple licences cannot overlap in the areas
allocated for each. If a licensee uses a green lined area for an unlicensed event and continues to operate
the main liquor service area (the red lined area), there must be adequate temporary physical separation
between the unlicensed and licensed areas given there may be minors present in the green lined areas.
This separation could be in the form of:



a wall curtain
wall dividers
sliding doors
Entrance and exit between these areas must be strictly controlled to ensure that minors do not have to pass
through a red lined area to access or exit the green lined area or to use the washrooms.
Terms and conditions applicable to green lined areas:

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Licensees may have one or more green line areas while the bar will be red lined;
When an area is being used as a green lined area (unlicensed) and that area includes the bar, liquor
must be locked up and minors are permitted;
When an area is being used as a red lined area, meaning liquor is being sold, served and consumed in
that area, minors are not permitted except as allowed by policy (see 10.3.5).
[Liquor Control and Licensing Act, sections 12(2), 12(3), 12(6),18(2), 18(2.1), 18(3), 25 through 27, and
39; Liquor Control and Licensing Regulations, section 9 (a)(ii), 48(1), 48(2), 49, 50 and 52; Liquor
Control and Licensing Branch Policy]
7.8
Sacramental Wine
Policy Rationale
Section 63 of the Liquor Control and Licensing Act, permits a minister of religion to import wine from
outside British Columbia for consumption in British Columbia for sacramental purposes. Further, section
63 permits 2 or more ministers of religion to import wine jointly from outside British Columbia for
consumption in British Columbia, to be kept in common stock, used, divided and distributed among them
for sacramental purposes. In addition Federal legislation permits the importation of intoxicating liquor
for sacramental purposes.
Liquor imported into British Columbia for sacramental purposes is exempt from all federal excise taxes
and is mark-up exempt. Sacramental wine that is sourced from within British Columbia is also given
mark-up exemption status. Both provincial and federal legislation recognize that wine used for
sacramental purposes is unique and deserves special status under liquor control regimes. Along with this
SECTION 7 – LIQUOR SERVICES AND SALES
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special status, and its associated tax and mark-up exemptions, certain controls are put in place to ensure
that sacramental wine is used for its intended purpose. These controls are designed to maintain the
integrity of the liquor control system and to ensure that sacramental products are not sold for the personal
use or consumption of any person.
For information on wine store licences for the sale of sacramental wine, please see section 16.
Policies
7.8.1.
Ministers of religion
Sacramental wine may only be used by, or sold to, members of the clergy such as priests, ministers,
rabbis, or the official representatives of such persons.
[Liquor Control and Licensing Act, section 63, Liquor Control and Licensing Branch Policy]
7.8.2.
Religious ceremonies in a regular place of worship
Sacramental wine may only be used in, or sold for, religious ceremonies conducted by persons authorized
to preside at such ceremonies in a regular place of worship such as a church, temple, or synagogue.
[Liquor Control and Licensing Act, section 63, Liquor Control and Licensing Branch Policy]
7.8.3.
Social events associated with or ancillary to religious ceremonies
Sacramental wine must not be used, sold for use, or consumed at any social events, including social
events or occasions associated with or ancillary to religious ceremonies whether held on or off church,
temple, or synagogue premises. Social events include, without limitation, wedding receptions, baptisms,
confirmations, first communion ceremonies, bar mitzvahs, Seders and ordinations.
[Liquor Control and Licensing Act, section 63, Liquor Control and Licensing Branch Policy]
7.8.4.
Personal consumption
Sacramental wine must not be used, or sold, for the personal consumption of any person.
[Liquor Control and Licensing Act, section 63, Liquor Control and Licensing Branch Policy]
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SECTION 8: Management and Control of a
Licensed Establishment
8.0
Introduction
This chapter covers topics relating to how establishments licensed by the Liquor Control and Licensing
Branch are managed and controlled. The policies and practices discussed here are, generally, the
techniques the branch uses to encourage responsible management of licensed establishments.
These and related issues are discussed in this chapter under the headings:

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General Consumption
Consumption by Employees
Management of Patron Conduct, and
Serving It Right Program.
8.1
General Consumption
Policy Rationale
Intoxication in a public place is an offence under the Liquor Control and Licensing Act. To ensure that
liquor service practices do not encourage people to become intoxicated, the Act and regulations specify
certain conditions under which liquor can be consumed in a licensed establishment. More to the point,
they specify conditions under which it is not to be consumed.
Under section 43 of the Act, liquor may not be served or sold to anyone who is either intoxicated or
apparently under the influence of alcohol. This section also requires that owners and staff of licensed
establishments are not to allow a person to become intoxicated, or to allow an intoxicated person to
remain in any part of the establishment covered by the liquor licence.
In keeping with this section of the Act, sections of the Liquor Control and Licensing Regulations ensure
that licensees have control over when and how liquor will be consumed in their establishments. Section
44(3) requires that, unless authorized by the general manager, licensees or their staff must not allow
patrons to consume liquor later than 1/2 hour after the time stated on the licence for the hours of liquor
service. Closing time for licensed establishments is typically the same as the time at which liquor service
must end, as stated on the face of the licence, except in the case of restaurants as they. have the option of
remaining open 24 hours a day, although liquor consumption is limited to the hours stated on the face of
the licence.
Under section 42, except in the case of “Bring Your Own Wine” for food primary licensees, patrons are
not allowed to drink liquor that has been purchased elsewhere, and licensees must ensure that liquor
purchased elsewhere is not consumed in their establishment. Furthermore, licensees must ensure that the
liquor they sell is not taken off their premises, with two exceptions: a bottle of unfinished wine may be
taken from the establishment, provided the licensee seals the bottle before it is taken away by the patron;
and liquor sold for off-premises consumption, as permitted by the Act, regulations, and the terms and
conditions of the licence.
Both liquor inspectors and the police can enforce these provisions of the Act and regulations. Other than,
or in addition to any actions the police may take, the policies below specify that the general manager may
take action 1 if the licensee does not observe these liquor consumption rules. They also specify a range of
F
F
1
The range of actions the general manager may take for non-compliance with these and other provisions of the Act and regulations is detailed in
section 20 of the Liquor Control and Licensing Act.
SECTION 8– MANAGEMENT AND CONTROL OF A LICENSED ESTABLISHMENT
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exceptions or variations to these consumption rules, including liquor in washrooms, room service, minibar service, clubs, and manufacturer endorsement areas.
For requirements specific to caterers, see section 14.8.7.
For requirements specific to licensee retail stores, see section 15.5.6.
For requirements specific to wine stores, see section 16.12.
For requirements specific to manufacturer endorsement areas, see section 17.20
Policies
8.1.1.
Intoxicated patrons
The general manager may take action against a licensee if the licensee or an employee:


sells or gives liquor to an intoxicated person or a person apparently under the influence of alcohol, or
permits an intoxicated person to remain in any part of a licensed establishment where liquor is sold,
served or otherwise supplied.
[Liquor Control and Licensing Act, section 43]
8.1.2.
Control of liquor consumption in licensed establishment
Except in the instances specified in policies 8.1.3, 8.1.4, 8.1.5 and 8.1.9, the general manager may take
action against the licensee of a liquor primary or food primary licensed establishment if the licensee or an
employee:

Revised
December
2012


allows patrons to consume liquor in the licensed establishment beyond 1/2 hour after the time stated
on the licence for the hours of liquor service
permits liquor not purchased in the licensed establishment to be consumed there unless the liquor is a
bottle of wine brought into a food primary establishment under the Bring Your Own Wine
permission.
permits liquor purchased in the licensed establishment to be taken from there, unless

the liquor is a bottle of wine that is unfinished by a patron and sealed by the licensee before being
taken by that patron from the licensed establishment, or

the liquor is sold for consumption off premises in accordance with the requirements of offpremises sales 2 .
if in a food primary establishment, does not ensure that liquor is taken from patrons within ½ hour
after the time stated on the licence for the hours of liquor service, unless the liquor is a bottle of wine
sealed in the above manner, or
if in a liquor primary establishment, permits patrons to remain in the licensed establishment longer
than ½ hour after the time stated on the licence for the hours of liquor service, or any longer time
authorized by the general manger.
F


F
[Liquor Control and Licensing Regulations, sections 42(2), 42(4), 44(1), and 44(3)]
8.1.3.
Liquor in Washrooms
Patrons are permitted to take their drinks into the washroom of a licensed establishment, provided:



2
the entrance to the washroom is located immediately adjacent to the licensed area in which liquor
consumption is permitted
patrons are not required to walk through an unlicensed area to enter the washroom, and
the licensee adequately supervises the activity of patrons in the washroom.
For further information see section 7.6 Off-Premises Sales.
SECTION 8– MANAGEMENT AND CONTROL OF A LICENSED ESTABLISHMENT
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 12(2); Liquor Control and Licensing Branch Policy]
8.1.4.
Liquor on Stages
Professional entertainers are permitted to consume liquor on an unlicensed (non redlined) stage provided
they do not become intoxicated; however patrons are prohibited from taking or consuming liquor on an
unlicensed stage even when they are providing entertainment such as during an amateur or karaoke night.
Dedicated stages cannot be included within the redlined area as per Policy 3.4.4.
[Liquor Control and Licensing Act, section 12(2); Liquor Control and Licensing Branch Policy]
8.1.5.
Conditions for consumption outside the licensed area in liquor primary
establishments
In the following liquor primary establishments and specified circumstances, liquor may be consumed
outside the area designated for liquor consumption:


licensed establishments offering overnight accommodation to registered guests in their rooms 3 ,
provided this service is

during the hours of sale permitted by their liquor licence and is of the types of liquor that can be
sold under the terms and conditions of the licence, and provided the establishment also offers
room service meals to registered guests, or

a mini-bar service through which liquor may be purchased at any time in guest rooms, unless
restricted from doing so by the terms and conditions of the licence, and
clubs, provided the general manager has authorized the sale of liquor for consumption by members
and their guests outside the licensed area or off the premises.
F
F
[Liquor Control and Licensing Act, section 27(b); Liquor Control and Licensing Regulations, section 48]
Revised
December
2012
8.1.6.
Conditions for the removal of unfinished bottles of wine
Patrons of a licensed establishment may take away an unfinished bottle of wine, provided the licensee
reseals the bottle.
The licensee is responsible for informing the patron of the requirements for transporting liquor in a
vehicle. The sealed bottle of wine must be placed out of reach of any person in the vehicle, such as
behind the rear seat, in the trunk, or in an exterior compartment.
[Liquor Control and Licensing Regulations, section 42(4)(a); Liquor Control and Licensing Branch
Policy]
8.1.8
Conditions for “Bring Your Own Wine”
Food Primary licensees may allow customers to bring their own bottle of wine to consume with their meal
into licensed restaurants provided:

Revised
December
2012



3
the wine is unopened and commercially produced (includes table wine, sparkling wine, fortified
wines such as port, sherry and Asian wine-like products such as sake which are not distilled and,
subject to the licensees’ approval, could also include boxed wine)
the wine is purchased from a BC based government, private liquor or wine store or is a product the
patron has purchased outside of BC (no UVin or home made products are permitted)
customers hand the bottle to the licensee or staff person as soon as they enter the restaurant so the
wine can be served in the same manner as wine selected from the menu (the licensee may set a
corkage fee for this service)
maximum serving sizes and responsible beverage service principles still apply.
See also 7.7 Special Conditions for additional information about room service and mini-bar service.
SECTION 8– MANAGEMENT AND CONTROL OF A LICENSED ESTABLISHMENT
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Liquor Licensing Policy Manual
Participation is up to the individual licensee and licensees are not compelled to allow a customer to bring
their own wine. Licensees are not required to seek approval or provide notice to the Liquor Control and
Licensing Branch that they are participating.
Revised
December
2012
Food Primary establishments or parts of establishments that are event driven and lack daily operating
hours in which they are open to the public (e.g. banquet rooms) may not permit patrons to bring their own
wine into the establishment or that part of the establishment.
[Liquor Control and Licensing Act, sections 12(2), 27(b), and 43; Liquor Control and Licensing
Regulations, sections 14(1)(g), 18(2), 42(2), 42(4), 44(1), 44(3), and 48; Liquor Control and Licensing
Branch Policy]
8.2
Consumption by Employees
Policy Rationale
Certain sections of the Liquor Control and Licensing Act and Regulations are intended to reduce pressure
to drink excessively – that is, anything that might cause a person to drink more than they should, or even
to the point of intoxication. Among other things, they also convey the message that alcohol and good
judgment don’t mix. These provisions apply as much to the employees in licensed establishments as they
do to customers – perhaps even more so, because employees are responsible for enforcing responsible
drinking behaviour in the establishment. For these reasons, section 42(3) of the Liquor Control and
Licensing Regulations directs licensees and their employees not to consume liquor while working.
When not on duty, an employee is considered a regular customer for liquor service purposes, although
they may enjoy discounts on food menu items or other special privileges as employees of the
establishment. Therefore, when it comes to liquor, the same rules apply to the off-duty employee as apply
to other customers. They may not purchase liquor at a reduced price or be given it free of charge in a
volume that could result in over-consumption 4 . Employees who drink in the establishment after work
must not be minors and they may only be served and consume liquor during the hours of sale allowed by
the establishment’s liquor licence. Finally, liquor may not be offered to employees in lieu of wages or a
bonus.
F
F
For requirements specific to caterers, see section 14.4.5.
For requirements specific to licensee retail stores, see section 15.10.
For requirements specific to wine stores, see section 16.12.2.
Policies
8.2.1.
Licensee and employee consumption of liquor while working
The general manager may take action against a licensee if either the licensee or the employees of a
licensed establishment are found to be consuming liquor while working on the licensed premises.
[Liquor Control and Licensing Regulations, section 42(3)]
8.2.2.
Employee consumption of liquor after work
An employee who has completed a full work shift may remain in the premises and consume liquor under
the following conditions:


4
liquor may not be offered to the employee in an unlimited or unspecified quantity for a single price,
or at a different price from that offered to patrons
the employee must be of legal drinking age
This requirement is also related to stipulations about pricing (see 7.3 Pricing).
SECTION 8– MANAGEMENT AND CONTROL OF A LICENSED ESTABLISHMENT
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Liquor Licensing Policy Manual


liquor may only be served and consumed during the hours of sale indicated on the face of the licence
liquor may not be offered to the employee in lieu of wages or a bonus.
[Liquor Control and Licensing Act, section 33; Liquor Control and Licensing Regulations, sections 41
and 44; Liquor Control and Licensing Branch Policy]
8.3
Management of Patron Conduct
Policy Rationale
The statutory provisions and policies associated with the management of patron conduct are primarily
concerned with minimizing the social costs of alcohol consumption. Liquor service to persons who are
intoxicated, over-crowding of establishments, sale of liquor to minors, and the by-products of these
practices such as unruly or even violent behaviour and impaired driving are examples of the serious social
problems the policies on this topic seek to prevent.
Management of patron conduct policies are based on the duties, set out in the Liquor Control and
Licensing Act, of both the general manager and the licensee. As discussed earlier in this manual,
particularly in the chapters dealing with hours of operation and premises, the general manager has a duty,
under section 6 of the Act, to “supervise the conduct and operation of a licensed establishment”. Within
this context, the general manager sets licence terms and conditions aimed at preventing conditions that
might result in over-service, over-consumption and loss of control in the establishment. Licensees have
additional responsibilities over and above living up to the terms and conditions spelled out on the face of
the liquor licence. They have a dual responsibility when it comes to controlling the conduct of patrons
within the establishment the extent that they must control the conditions that might lead to patron
misconduct, and they must deal with inappropriate conduct when it arises.
Section 43 of the Act requires that a licensee not permit a patron to become intoxicated nor allow a patron
who is intoxicated to stay in the establishment. Section 7.1 of the Liquor Control and Licensing
Regulations requires licensees and servers to complete the responsible beverage service training program,
Serving It Right, which ensures they have the knowledge and skills to recognize and prevent impairment
and to manage impaired patrons.
Sections 46 and 47(2) of the Act ensure licensees have the authority to deal with inappropriate or unsafe
patron conduct. Licensees may ask a person to leave or forbid a person to enter if the person is
intoxicated, or “undesirable” (taking care not to contravene the Human Rights Act), or if they believe the
person is carrying a weapon.
The onus is on licensees to ensure sufficient trained staff are employed at all times to fulfill their
obligations to prevent intoxication and other inappropriate behaviour and deal with it when it arises.
Furthermore, under section 20(1)(c.1) of the Act, the general manager may take action against a licensee
for failing to take “… reasonable measures to ensure that the operation of the establishment is not
contrary to the public interest and does not disturb persons in the vicinity of the establishment”.
Reasonable measures might include such things as having appropriate signage and controls at the entrance
to and exit from the establishment; parking lot lighting; noise controls; and appropriate steps taken upon
receipt of a complaint or in preventing an incident from becoming a recurring problem. An isolated
incident or contravention would not, on its own, be evidence of a licensee’s failure to take reasonable
measures of this nature. Rather, the general manager would look for a pattern of disturbances or
problems, and evidence that the licensee had not taken “reasonable” steps to correct the problem — even
though these steps were “reasonably” within their ability to put into effect. 5
F
See related policy and discussion on reasonable measures in the Compliance and Enforcement Policy and Procedures Manual –Desk Reference.
The burden of proof is on the licensee for demonstrating “due diligence” — that is, demonstrating that appropriate steps have been taken to
institute reasonable measures. A mistake or ignorance of the law is not a defence for failing a test of due diligence.
5
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In the interests of public safety, the general manager has the power under section 22 of the Act to take
immediate action and temporarily close an establishment where patron conduct is riotous, drunken or
disorderly. Sometimes, situations may arise where public safety is threatened because of a particular
event or temporary circumstance occurring in the vicinity of a licensed establishment. In these cases, the
general manager may exercise his authority under section 23(1) of the Act to take immediate steps to
temporarily close, or impose conditions on an establishment, even if the risk to public safety is unrelated
to the manner in which the establishment is managed. The general manager may also exercise his
authority under this section if public safety issues might arise when a planned event is to be held in close
proximity to a licensed establishment.
The policies below largely reflect on the relevant statutory obligations, and the authority of the general
manager to take action either when licensees fail to perform their duty in this area or where risks to public
safety so warrant.
For requirements specific to caterers, see section 14.8.7.
Policies
8.3.1.
Licensee’s responsibility to manage patron conduct
The general manager may take action against a licensee if the licensee or an employee of the licensed
establishment permits patrons to:



become intoxicated
enter, or having entered, to remain in a licensed establishment with a knife, firearm or other weapon,
or
otherwise engage in riotous, violent, drunken or disorderly conduct, or threaten the safety of other
patrons and employees,
or if a licensee permits an employee to:


serve liquor in a manner that is likely to promote or encourage intoxication 6 , or
serve liquor to patrons who are intoxicated or who are minors.
F
F
[Liquor Control and Licensing Act, section 6(c), 43, 46, and 47(2); Liquor Control and Licensing
Regulations, section 41(2); Liquor Control and Licensing Branch Policy]
8.3.2.
Reasonable measures 7
The general manager may, on the general manager’s own motion or on receiving a complaint, take action
against a licensee for a failure to take reasonable measures to ensure that the operation of the
establishment is not contrary to the public interest and does not disturb persons in the vicinity of the
establishment. The general manager may consider whether the number and severity of any incidents
and/or contraventions indicate a pattern of disturbances or problems, and whether the licensee has taken
measures that are:
F


reasonable in the circumstances, and
reasonably within the capacity of the licensee to effect
in order to curtail those disturbances or problems.
[Liquor Control and Licensing Act, section 20(1)(c.1); Liquor Control and Licensing Regulations,
schedule 4, section 1(2); Liquor Control and Licensing Branch Policy]
6
This would include serving liquor by the tray load, or other ways of promoting sales or serving liquor that are likely to encourage drinking to the
point of intoxication (see 7.3 Liquor prices and 7.4 Dispensers and Drink Sizes).
7
In the Compliance and Enforcement Policy and Procedures Manual-Desk Reference, see related policy and detail on the problems or
disturbances that may require a licensee to take “reasonable measures”, and the form these measures might take.
SECTION 8– MANAGEMENT AND CONTROL OF A LICENSED ESTABLISHMENT
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Liquor Licensing Policy Manual
8.3.3.
Licence suspension and closure of premises
24 hour suspensions (s. 22 Act)
A liquor inspector, peace officer, or other person delegated by the general manager may suspend the
licence and order the immediate removal of patrons and closure of a premises in which:
 patrons or employees are engaging in riotous, violent, drunken or disorderly conduct, or
 the safety of one or more persons at the licensed establishment is threatened.
The suspension and closure of the premises may take effect without a hearing, and may be for a period of
not more than 24 hours.
Suspensions or Terms & Conditions up to 14 days (s. 23 Act)
Under section 23 of the Act the general manager may, without a hearing, suspend a licence or impose
terms and conditions for a period not exceeding 14 days, if he or she has reasonable grounds to believe
that it is in the public interest to prevent the licensed establishment from continuing to operate as a result
of extraordinary circumstances existing at, or being associated with the operation of, the licensed
establishment.
This power is available to address extraordinary circumstances where a 24 hour suspension is not
adequate to ensure safety or protect the public interest, for example when there has been violence or
extensive criminal activity, there is the risk of retaliatory gang violence, or a possibility of public unrest
(i.e., during or after a community event). In such circumstances, a longer licence suspension may be
needed to provide sufficient time for the branch to assess the situation and determine what is needed to
eliminate the safety risks and rectify the situation.
This authority is not delegated and exercising it is the sole prerogative of the general manager.
[Liquor Control and Licensing Act, sections 22 and 23; Liquor Control and Licensing Branch Policy]
8.4
Serving It Right Program
Policy Rationale
HU
Managers and staff of licensed establishments learn about responsible liquor service through a selfdirected program (online or in print) managed by go2, an independent, non-profit human resources
association of the BC tourist industry. This program is called “Serving It Right: The Responsible
Beverage Service Program.” The program contains information about the obligations of licensees,
managers and staff when selling or serving liquor, along with helpful tips to meet those obligations (see
www.servingitright.com/).
UH
People who sell and serve liquor are the front line in ensuring that liquor beverage service businesses act
responsibly. It is especially important that people who are new to liquor service have access to suitable
training. The Liquor Control and Licensing Act and Regulations require that licensees, managers and
employees of licensed establishments not serve liquor to minors, or to those who are intoxicated. Ways to
refuse service, or ask a patron to leave – without causing conflicts or strained relationships – are among
the topics discussed in this training program.
Under section 13 of the Act and section 43 of the Regulation, applicants and licensees must successfully
complete this training as a condition of obtaining, transferring or renewing a liquor licence. As well,
anyone managing a licensed establishment or a person serving in a licensed establishment must also have
completed the program.
For requirements specific to caterers, see section 14.4.4.
For requirements specific to licensee retail stores, please see section 15.5.7.
For requirements specific to manufacturers, see section 17.10.
SECTION 8– MANAGEMENT AND CONTROL OF A LICENSED ESTABLISHMENT
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Policies
8.4.1.
Training requirements
Section 13 of the Act and s. 43 of the Regulation set out the requirements related to the Serving It Right
training program.
Applicants and licensees
A liquor licence will not be issued, transferred or renewed unless the “Serving It Right: The Responsible
Beverage Service Program” has been successfully completed by the applicant or licensee to whom the
licence will be issued, transferred or renewed. This rule applies to the following licence categories:








liquor primary,
liquor primary club,
food primary,
catering,
licensee retail store,
special occasion,
manufacturer licences containing an endorsement referred to in section 18 of the Regulation, and
manufacturer licences issued to establishments that provide samples under s. 53(1) of the Act.
The term ‘applicant’ includes persons requesting a new licence, the transfer of an existing licence,
registration of an external or internal share transfer, and approval of a third party operator agreement.
If the applicant or licensee is a private or public corporation the Serving It Right requirement may be
satisfied if the program is completed by a director, officer or employee of the corporation who will have
responsibility for controlling the sale of liquor. The term "corporation" means an incorporated association,
company, society, municipality or other incorporated body, however incorporated. For example, if the
corporation hires a resident manager to run the daily operations of the establishment the requirement can
be met by having that person complete the program.
If the corporation enters a third party operator arrangement, that operator is not an employee and so a
director, officer or employee of the corporation must complete the program.
If the applicant or licensee is a partnership, at least one partner must complete the program.
If the applicant or licensee is a sole proprietor that person must complete the program.
A valid Serving It Right number issued by go2 to those who complete the program which is provided by
the applicant on the applicable LCLB form will be taken as evidence that the applicant has met this
requirement.
Managers, servers, and other employees
Anyone engaged, by contract or by employment, to manage a licensed establishment must have
completed the Serving It Right training program before starting their contract or employment.
Anyone hired or contracted as a bartender, server, sales staff or in any other position which requires the
sale or service of liquor must have completed the Serving It Right training program before starting their
employment.
[Liquor Control and Licensing Act, section 13]
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8.4.2.
Full exemptions from training requirement
Completion of the “Serving It Right: The Responsible Beverage Service Program” is not required for:


Revised
February
2013




licensees and staff of an aircraft operating under a liquor primary liquor licence
servers operating under a food primary liquor licence, unless:
o the establishment has an endorsement for a licensed lounge area;
o the establishment is a karaoke box style restaurant;
o the food primary licence has a catering endorsement, in which case all servers at events must
have Serving it Right certification;
unpaid managers or servers in a club, operated under a liquor primary club liquor licence
unpaid servers operating under a private or public special occasion licence,
persons holding private special occasion licences, except where they may be acting on behalf of an
organization, association or group, or
effective April 1, 2009 servers in all types of establishments relocating to British Columbia from
other Canadian jurisdictions who have a certificate showing proof of completion of one of the
following responsible beverage service programs:










Proserve Program (Alberta)
Serve it Right (Saskatchewan)
It’s Good Business (Manitoba)
Smart Serve (Ontario)
Service in Action (Quebec)
It’s Good Business: Responsible Service of Alcohol (New Brunswick)
It’s Good Business (Nova Scotia)
It’s Our Business (Prince Edward Island)
It’s Good Business: Responsible Service of Alcohol (Newfoundland and Labrador)
Be a Responsible Server (B.A.R.S.) (Yukon)
Licensees are responsible for ensuring that servers who have completed training in other jurisdictions are
informed about relevant BC legislation, such as the legal drinking age and any relevant operating terms
and conditions that apply to their establishments. Licensees must ensure that photocopies of all
certificates from any of the programs listed above are available for inspection by a liquor inspector or
police officer at all times.
[Liquor Control and Licensing Regulations, section 43(2) and (7)]
SECTION 8– MANAGEMENT AND CONTROL OF A LICENSED ESTABLISHMENT
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Liquor Licensing Policy Manual
SECTION 9: Food Service
9.0
Introduction
This chapter covers topics related to what kinds of food must be made available to patrons in a licensed
establishment, facilities used in food preparation and exemptions from the requirement to serve food. The
policies contained in this chapter are the tools the branch uses to ensure the availability of food in licensed
establishments.
These policies are discussed under the heading:

General Conditions.
9.1
General Conditions
Policy Rationale
The availability of food in licensed establishments promotes moderation by encouraging people to eat
while they drink — or better yet, to view alcohol consumption as a complement to a meal. The
distinction is not an insignificant one. Consumption of food lessens the intoxicating effects of liquor.
Just as important, though, is encouraging a public attitude in which liquor is seen as an accompaniment to
food, rather than an activity that is indulged in for its own sake. State of mind is as important to
moderation as are the moderating physical effects produced by eating while drinking.
In part, this is the reasoning behind food primary licensed restaurants enjoying greater flexibility within
the terms and conditions of their liquor licences than is true for liquor primary licence-holders. As noted
in section 11(1) of the Liquor Control and Licensing Regulations, a food primary licence is specifically
for an establishment in which “… the primary purpose of the business … is the service of food during all
hours of its operation”. Liquor is, then, offered as a pleasant accompaniment to a meal.
Branch policy for food primary licensed establishments prohibits liquor service in fast food or take-out
restaurants where people may be leaving the premises with their meal or perhaps be inclined to “eat and
run” to get on with the other commitments of their day. 1 For other types of food primary establishments,
branch policy largely reiterates the requirement under section 11(2)(b) of the regulations, which states
that “liquor must not be served unless the establishment is open for service of a varied selection of food
items, including both appetizers and main courses, or their equivalent”.
F
F
For liquor primary licensees, a provision under section 9(c) of the regulations guides food service in
licensed establishments: “unless exempted by the general manager, food and non-alcoholic beverages
must be available at reasonable prices to the patrons”, but food service in the range generally offered by a
restaurant is not expected. A similar requirement, under section 18(6) of the regulations, is in place for
manufacturers with licence endorsements for a designated lounge or special event area. There is no
regulatory requirement for manufacturers with licence endorsements for a tour or picnic area to provide
food or non-alcoholic beverages in these endorsement areas.
Finally, the policies below address the authority of liquor inspectors to inspect the records and premises
of licensed establishment to determine whether the necessary food items and non-alcoholic beverages are
available to customers. Additionally, liquor inspectors may inspect the premises to ensure that the
establishment’s food preparation facilities are sufficient to provide these items.
For requirements specific to catered events, see section 14.8.6.
For requirements specific to manufacturer endorsement areas, see sections 17.20.10 through 17.20.12
1
See policy 3.1.2 and related discussion in section 3.1 Stage 1: Application for a New Licence.
SECTION 9 – FOOD SERVICE
Page 1
Liquor Licensing Policy Manual
Policies
9.1.1.
Type of food service in liquor primary licensed establishments
Unless exempted by the general manager, licensees of liquor primary establishments, must make a
reasonable variety of hot or cold snacks and non-alcoholic beverages available to patrons at reasonable
prices. Food service in the range generally offered by a restaurant is not expected, however packaged
snacks such as chips, peanuts, and those commonly found in vending machines do not meet the minimum
food requirement for liquor primary establishments.
[Liquor Control and Licensing Regulations, section 9(c); Liquor Control and Licensing Branch Policy]
9.1.2.
Type of food service in food primary licensed establishments
Licensees of food primary establishments must make a varied selection of food items available to patrons,
including both appetizers and main courses or their equivalent. Liquor must not be served unless the
establishment is open for service of these food items.
[Liquor Control and Licensing Regulations, section 11(2)(b), Liquor Control and Licensing Branch
Policy]
9.1.3.
Inspection to determine availability of food and non-alcoholic beverages
Liquor inspectors may inspect the records and licensed premises of liquor primary establishments, food
primary establishments to determine whether required food items and non-alcoholic beverages are
available to customers.
[Liquor Control and Licensing Act, section 73(1), Liquor Control and Licensing Regulations, sections
9(c), 11(2)(b), and 34, Liquor Control and Licensing Branch Policy]
9.1.4.
Food preparation facilities in licensed establishments
In the course of inspecting the licensed premises of liquor primary and food primary establishments liquor
inspectors may consider whether the establishment has food preparation facilities sufficient to dispense
the food items required under policies 9.1.2 and 9.1.3, and as otherwise required by regulation.
[Liquor Control and Licensing Act, section 73(1); Liquor Control and Licensing Regulations, sections
9(c), 11(2)(b), 11(3)(a); Liquor Control and Licensing Branch Policy]
SECTION 9 – FOOD SERVICE
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Liquor Licensing Policy Manual
SECTION 10: Minors
10.0
Introduction
This chapter covers topics relating to the presence of minors in licensed establishments, including the
identification of minors, requirements respecting minors as employees and as entertainers, whether it is
appropriate to admit minors, and terms and conditions that apply when minors are permitted.
These and related issues are discussed in this chapter under the headings:



General Conditions,
Minors as Employees or Entertainers, and
Minors in Licensed Establishments.
10.1
General Conditions
Policy Rationale
Regulatory practice in British Columbia has been based on the view that the public interest is not served
by expecting people to take on the responsibilities that go along with alcohol purchase and consumption
until they reach the age of majority. The Liquor Control and Licensing Act includes both a general
prohibition on providing liquor to a minor and a prohibition on minors possessing liquor – in other words,
minors themselves commit an offence by possessing liquor.
The reasons behind these sections of the Act and the policies that support them are public interest
concerns about the effects of alcohol abuse on youth. Studies indicate that children are currently
consuming larger amounts of alcohol, and at earlier ages, than before. Alcohol consumption by minors is
associated with unwanted pregnancies, smoking, youth violence, poor school performance, youth suicide
rates, and death and injury from driving accidents. It is also believed to have negative developmental
impacts on the part of the brain responsible for higher-level thinking. One of the strategies to reduce the
risk of children consuming liquor is to, generally, not permit minors in areas where the consumption of
liquor is a primary activity.
Licensees are responsible for ensuring that minors are not served or sold liquor, and for preventing the
conditions under which this might happen. Licensees must do an initial assessment of every patron
before permitting the person into a liquor primary establishment or other establishment in which the
presence of minors is restricted, or before selling or serving liquor to them in any licensed establishment.
Licensees must ensure that minors do not enter or remain in a licensed establishment where they are not
permitted, and must ensure that minors are not served liquor. A server or bartender cannot rely on the
fact that door staff admitted a patron into the licensed establishment as the basis for serving that patron.
The server or bartender must also make a determination that the patron is not a minor prior to serving
them liquor, or allowing them to remain in the licensed establishment.
Policies
10.1.1. Prohibitions that apply to Minors
It is an offense for a minor:




to purchase or consume liquor at a licensed establishment;
to enter or remain in a liquor store or a part of a licensed establishment where they are not permitted;
to have liquor in their possession; or
to provide false or altered identification as a means to gain access to a licensed establishment.
SECTION 10 – MINORS
Page 1
Liquor Licensing Policy Manual
These prohibitions do not apply to minors that are employed or contracted by the police or general
manager to test licensees’ compliance, while the minor is so employed or contracted and is supervised by
a peace officer or branch employee.
[Liquor Control and Licensing Act, section 34]
10.1.2. Prohibition on Serving Minors
Licensees are prohibited from selling, giving or supplying liquor to minors, and may not permit a minor
to consume liquor in a licensed establishment.
[Liquor Control and Licensing Act, section 33]
10.1.3. Minors in possession of liquor
A licensee must not allow a minor to have liquor in his or her possession in the licensed establishment,
unless the licence issued for that establishment is:


a food primary licence, or
a liquor primary licence for a stadium
and the minor is working as a server in the establishment.
The terms and conditions under which a minor is permitted to serve liquor in a food primary
establishment or a liquor primary stadium are detailed in policy 10.2.1.
Minors may not serve or possess liquor at a catered or residential event.
[Liquor Control and Licensing Act, section 33; Liquor Control and Licensing Regulation, section 45(4)]
10.1.4. Identification of minors
A licensee must not sell or serve liquor to a minor or permit a minor to enter, or remain in, a licensed
establishment in which the presence of minors is restricted. Licensees must ask for two pieces of
identification when verifying a patron’s age. The pieces of identification must include one of the
following:



a passport
a driver’s licence that displays a photograph and the date of birth of the holder, or
an identification card, issued by a government agency, that displays a photograph and the date of birth
of the holder
and one other piece of identification that displays at least


an imprint of the person’s name and their signature, or
an imprint of the person’s name and their picture.
Licensees must provide an area that is well lit and protected from entertainment noise for staff to properly
review both the identification and the patron, and to ask appropriate questions to test the authenticity of
the identification. Identification that is clearly false should, if possible, be confiscated by the licensee,
and retained for collection by a liquor inspector.
For further information, please refer to section 12 of the Compliance and Enforcement Policy and
Procedures Reference Manual.
[Liquor Control and Licensing Act, section 33(5); Liquor Control and Licensing Regulation, section
45(1); Liquor Control and Licensing Branch Policy]
SECTION 10 – MINORS
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Liquor Licensing Policy Manual
10.2
Minors as Employees and Entertainers
Policy Rationale
Minors are excluded by policy from being employees in most liquor primary establishments, because of
the difficulties their presence would pose for licensees in making sure they do not consume liquor.1 This
risk is considered to be less apparent in restaurants; therefore, under age restaurant employees are
permitted to serve but not dispense or mix drinks.
Most licence categories allow the presence of minors who are entertainers. The policy on minors as
entertainers is created to ensure that:




minors are not supplied liquor
minors do not possess or consume liquor
the licensee and staff are able to adequately supervise the conduct of minors, and
minors will not be exposed to inappropriate conduct or activities.
For example, because of the difficulty of adequately supervising the conduct of minors and the
opportunities they may have to consume liquor, minor entertainers at establishments that restrict minors
must remain in the licensed area only during their performances. Similarly, they are not allowed to be
involved in patron participation contests because some contests (such as dance contests) would make it
difficult to observe their behaviour, and others (particularly adult-oriented contests such as “bare as you
dare”) are considered inappropriate activities for minors.
Policies
10.2.1. Employment of minors in licensed establishments
Minors may only be employed as regular or salaried staff of the licensed establishment or as staff of a
contracted agency providing services on an ongoing basis at:







1
2
food primary establishments;
the business location of a caterer that holds a catering licence (see section 14.6);
the site of a catered event or a residential event (see section 14.6);
UBrew/UVin establishments (see section 18.6);
stadiums;
unlicensed areas of the following establishments, if minors are allowed by the general manager to be
in the establishment (see section 10.3.5);
o concert hall,
o movie theatre,
o convention centre,
o train,
o aircraft,
o motor vessel,
o airport, or
o any other establishment the primary purpose of which is not the service of liquor,
or
establishments in which they are employed or retained as entertainers. 2
A general exception to this policy is the employment of minors as entertainers, which is discussed in the next section.
See related policy in 10.2.2.
SECTION 10 – MINORS
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Liquor Licensing Policy Manual
Minors 16 years of age and over may be employed in food primary establishments and liquor primary
stadiums to serve opened bottles of liquor and mixed drinks, provided:




they are not permitted to mix beverage alcohol or open bottles at the liquor service bar;
an adult employee is available at all times to supervise and to dispense or otherwise provide the liquor
to the serving minor;
the supervising adult periodically checks patrons to ensure that underage staff are not serving liquor
to minors or intoxicated patrons; and
minors are not employed as hawkers at stadiums.
[Liquor Control and Licensing Act, sections 12(3)(d), and 35; Liquor Control and Licensing Regulation,
sections 9(a), 11(2)(a), 13.05(3), 18(4)(b), and 45(4); Liquor Control and Licensing Branch Policy]
10.2.2. Conditions for minors providing entertainment in licensed establishments
Minors are permitted in licensed establishments as entertainers under the following conditions:







the establishment allows entertainment;
if they are otherwise not permitted in the establishment, minors may not remain in the licensed
establishment, prior to, during intermissions, or after completion of the entertainment;
minors may remain in a manufacturer lounge or special event area prior to, during intermissions or
after completion of the entertainment if accompanied by a parent or guardian;
minors may not be involved in patron participation contests in establishments that restrict minors;
adult entertainment (see 11.5.1) may not include minors, nor may such entertainment occur while
minors are within the establishment;
Minors are not permitted if any gaming (gambling) activity takes place, with the exception of ticket
raffles licensed under the Gaming Control Act or the sale of B.C. lottery products; and
such other terms and conditions as may be imposed by the general manager in the public interest, and
to ensure the proper conduct and operation of licensed establishments.
[Liquor Control and Licensing Act, sections 12(3)(d), 35; Liquor Control and Licensing Regulation,
sections 9(a)(i), 11(2)(a), 13.05(3), 18(4)(b), and 18.1(5), ; Liquor Control and Licensing Branch Policy]
10.3
Minors in Licensed Establishments
Policy Rationale
The Act and Regulation specify when minors may be in a licensed establishment.
Minors are permitted in liquor primary establishments only on an exception basis, and only when it can be
demonstrated that it is in the public interest to do so. An important distinction is made here between
demonstrating that it is in the public interest rather than not contrary to the public interest. The licensee
must demonstrate that some benefit accrues from permitting minors in the establishment — not simply
show that there is no harm in doing so. In addition, the general manager will consider factors relating to
the effective management and control of the establishment when determining whether or not to endorse a
licence to permit minors. The general manager must be satisfied that licensees can meet the requirements
of their liquor licence.
The characteristics of the establishment – the types of activities taking place (whether they are appropriate
for minors to observe) and its physical layout (the ability of staff to ensure minors are not consuming
liquor) - have a considerable impact on whether minors will be permitted and under what circumstances.
For example, an establishment that focuses on meal service will present fewer concerns than an
establishment that focuses on late night, adult oriented entertainment.
Similarly, Branch policy recognizes it is in the greater public interest to allow families traveling through
airports to stay together and therefore permits minors to accompany a parent or legal guardian in an
airport establishment that caters to short visits by travelling patrons.
SECTION 10 – MINORS
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Liquor Licensing Policy Manual
In addition to the regulatory exceptions described below, there are a number of policy exceptions in
which minors are permitted by the general manager in certain types of licensed liquor primary
establishments or under certain circumstances. The policies below outline the specific circumstances
under which these exceptions apply.
Policies
10.3.1. Authority of the general manager to specify where minors are permitted
The general manager may impose terms and conditions in the public interest (within the parameters of the
Act and Regulation) that designate the areas within an establishment where minors are permitted.
[Liquor Control and Licensing Act, section 12(3)(d)]
10.3.2. General conditions respecting minors on licensed premises
Minors are not permitted in licensed establishments, except:




as set out in:
o section 10.3.3 (food primary establishments);
o sections 10.3.5 or 7.7 (liquor primary establishments);
o section 17.16 (manufacturers);
o section 14.6 (caterers);
o section 15.5.3 (licensee retail stores);
o section 16.8.6 (wine stores); or
o section 18.6 (UBrew/UVin establishments);
when alternate use of the establishment is permitted for unlicensed events or activities prior to
licensed hours;
when the licence has been temporarily suspended for unlicensed events or activities3; or
with lawful excuse.
[Liquor Control and Licensing Act, sections 12(3)(d), and 35; Liquor Control and Licensing Regulation,
sections 9(a), 11(2)(a), 13.05(3), 14(1)(c), 18(4), and 18.1(5); Liquor Control and Licensing Branch
Policy]
10.3.3. Minors as patrons in food primary licensed establishments
Minors are permitted, and may not be excluded, as non-drinking patrons in a food primary licensed
establishment.
Minors are permitted in a food primary lounge when accompanied by an adult and when crossing a food
primary lounge from a principal dining area to access the washrooms.
[Liquor Control and Licensing Act, sections 12(3)(d), and 35; Liquor Control and Licensing Regulation,
section 11(2)(a); Liquor Control and Licensing Branch Policy]
10.3.4. Factors considered in permitting minors in liquor primary establishments
In determining whether to grant approval to permit minors in a liquor primary establishment, the general
manager may consider:


3
whether minors should be present without restriction;
the necessary degree of adult supervision;
See related policy in 5.3 Alternate Use.
SECTION 10 – MINORS
Page 5
Liquor Licensing Policy Manual



whether the physical layout and the activities taking place permit staff to supervise the conduct of
patrons to ensure that minors are not consuming liquor;
whether the activities themselves appropriate for minors to observe; and
such other factors as may be relevant to the public interest and to ensuring the proper conduct and
operation of the licensed establishment.
[Liquor Control and Licensing Act, sections 12(3)(d), and 35; Liquor Control and Licensing Regulations,
section 9(a); Liquor Control and Licensing Branch Policy]
10.3.5. Minors in liquor primary licensed establishments
Minors are permitted in a liquor primary establishment where:



they are employed or retained as entertainers to entertain in the establishment, 4
they are allowed to be in the establishment by the general manager in the public interest (see
10.3.5.1), or
the primary purpose of the establishment is not the service of liquor and minors are allowed by the
general manager to be in the establishment (see 10.3.5.2).
When minors are permitted in liquor primary establishments, adult entertainment is not allowed (see
11.5.1) and no gaming (gambling) activity is allowed, with the exception of ticket raffles licensed under
the Gaming Control Act or the sale of B.C. lottery products.
[Liquor Control and Licensing Act, sections 35; Liquor Control and Licensing Regulation, section 9(a);
Liquor Control and Licensing Branch Policy]
10.3.5.1 Minors Permitted in the Public Interest
Where authorized by the general manager, the terms and conditions under which minors may be permitted
in a liquor primary establishment or in designated areas of a liquor primary establishment will be noted on
the licence.
The general manager may determine that it is in the public interest to allow minors in the following
establishments under the conditions specified:
Ski Hills – see section 7.7.11;
Airports
 the establishment is in an airport and caters to travellers, and the minor is accompanied by a
parent or legal guardian;
Liquor Primary Clubs



4
minors are in an unlicensed area of a liquor primary club for special events, such as a wedding or
birthday party;
no other suitable area is available in a liquor primary club and the general manager has approved
a temporary change application to permit minors in the licensed area for a special occasion, if
o a full sit down meal is provided, and
o minors are accompanied by a parent or legal guardian;
they are in attendance at special banquet activities or other types of award ceremonies held in a
licensed area of a liquor primary club, provided:
o only minors who were competitors in the associated event may attend
o minors must be accompanied by a parent or guardian
See related policy in 10.2 Minors as Employees and Entertainers.
SECTION 10 – MINORS
Page 6
Liquor Licensing Policy Manual
o

minors will only be allowed to attend during the full sit-down meal and award
ceremonies
o minors must leave at the end of the meal and related ceremony.
the establishment is a member in good standing of the Royal Canadian Legion, on Remembrance
Day, during liquor service hours;
Military Mess



the establishment is a military mess located on a ship;
the mess is land-based and the event is sponsored by the military or a member of the mess; or
the minor is a full member of the mess;
Other

the licensee can establish, to the satisfaction of the general manager, that it is in the public interest
to permit minors in the establishment.
[Liquor Control and Licensing Act, section 35; Liquor Control and Licensing Regulation, section 9(a)(ii),
Liquor Control and Licensing Branch Policy]
10.3.5.2 Establishments that do not serve liquor as their primary purpose
Where authorized by the general manager, the terms and conditions under which minors may be permitted
in a liquor primary establishment or in designated areas of a liquor primary establishment will be noted on
the licence.
The general manager may permit minors in the following establishments that do not serve liquor as their
primary purpose, on the specified conditions:
Concert Halls and Movie Theatres – see section 7.7 and 7.7.12;
Convention Centres – see section 7.7;
Stadiums and Arenas – see section 7.7, 7.7.6 and 7.7.9;
Golf Courses – see section 7.7;
Bowling Alleys – see section 7.7;
Trains, Aircraft and Motor Vessels
 minors are permitted in licensed areas of trains, aircrafts or motor vessels;
Recreation Facilities
 the establishment is a liquor primary lounge of a curling club, golf course facility, recreation
centre or stadium – see section 7.7;
 special banquet activities or award ceremonies held in a licensed area of a recreation centre – see
section 7.7;
Other
 the establishment is not primarily engaged in the service of liquor and the licensee can establish:
o it was built for a purpose other than beverage service;
o the business for which the establishment was created could function and be viable
without liquor;
o whether the patron will pay a cost to be in the facility (such as through the purchase of an
all-inclusive ticket or one to see a show or to travel); and
o patronage is mainly for a purpose other than the consumption of liquor or participation in
entertainment activities related to the consumption of liquor.
SECTION 10 – MINORS
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 35; Liquor Control and Licensing Regulation, section 9(a)(iii),
Liquor Control and Licensing Branch Policy]
SECTION 10 – MINORS
Page 8
Liquor Licensing Policy Manual
SECTION 11: Entertainment
11.0
Introduction
This chapter covers topics relating to the types of entertainment that may be provided in licensed
establishments. A number of principles lie behind entertainment policies: the notion that entertainment
should be compatible with the category of liquor licence held by the establishment; that entertainment
may affect a licensee’s ability to manage and control what takes place in the establishment; that some
activities pose risks to public safety when combined with alcohol consumption; and that entertainment in
licensed establishments may have impacts upon the local community.
Discussion of these and related topics is presented in this chapter under the headings:







General Conditions
Audio, Film, Video and Television
Contests and Tournaments
Gaming (gambling)
Adult Entertainment
Entertainment in Liquor Primary Establishments
Entertainment in Food Primary Establishments
For entertainment requirements specific to caterers, please see Section 14.8.8.
For entertainment requirements specific to licensee retail stores, please see Section 15.5.8.
For entertainment requirements specific to wine stores, please see Section 16.8.4.
For entertainment requirements specific to manufacturers, please see Section 17.
11.1
General Conditions
Policy Rationale
The general manager’s policy direction in this area focuses on four key issues. One issue is the extent to
which the entertainment is compatible with a particular category of licence. For example, the
entertainment provided in a restaurant should not make it indistinguishable from a liquor primary
establishment. The food primary licensing process and licence terms and conditions were not designed to
evaluate entertainment that may be suitable for liquor primary establishments. There is less input by the
local community at the time of licensing a food primary because the focus is on food service, and the
local community is generally not affected by noise and nuisance factors beyond those managed through
the normal zoning and bylaw processes in place in the community.
Entertainment decisions must also consider the extent to which the entertainment may affect the
licensee’s ability to maintain effective management and control of the establishment. For example, if the
entertainment uses part of the licensed area, the licensee is responsible for ensuring that patrons will not
be so crowded together that staff will be unable to observe and control their conduct.
The physical safety of staff, performers and patrons is another factor. Activities that might be considered
safe in other settings may not be considered safe in an environment where alcohol is being consumed
because of the effects of alcohol on mental acuity, physical dexterity and judgment. For this reason, then,
entertainment such as contact sports may be permitted only when there is no patron participation; and
then only if the licensee can demonstrate that there are adequate safety measures in place to protect
anyone playing, watching, or otherwise present during the sports presentation.
Finally, decisions regarding entertainment must consider noise, nuisance and other negative impacts on
nearby residents and businesses.
SECTION 11 – ENTERTAINMENT
Page 1
Liquor Licensing Policy Manual
Specific rules apply to entertainment when minors are permitted in an establishment as non-drinking
patrons and entertainers. These policies are discussed in Section 10.
Specific rules apply to employees who provide entertainment – see Section 8.2.
Policies
11.1.1.
Authority to approve, prohibit, restrict or limit entertainment in a licensed
establishment
The general manager may impose a licence term or condition that approves, prohibits, restricts or limits
any type or form of game or entertainment in a licensed establishment.
A municipality, regional district, local government, or First Nation may pass a bylaw restricting or
prohibiting the type of entertainment or games in a licensed establishment.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50; Liquor Control and Licensing Regulation,
section 46(1) and (3)]
11.1.2.
Factors considered in imposing terms and conditions for entertainment and
games
In determining whether to impose a licence condition restricting or limiting a type or form of
entertainment or games under policy 11.1.1, the general manager may consider:






the compatibility of the entertainment with the class or category of liquor licence held by the
establishment, and specifically:
o if in respect of any licensed venue where minors may be present, whether the entertainment is
adult-oriented (not suitable for minors - see 11.5.1);
o if in respect of a food primary establishment, whether the entertainment or games provided
would result in a shift in focus away from the service of food during all hours of the
establishment’s operation; or
o if in respect of a liquor primary establishment, whether the entertainment or games provided
would result in a shift in focus to that of a video games arcade;
any impact on the licensee’s ability to maintain effective management and control of the
establishment;
the nature of the entertainment and whether the hours of sale during which the entertainment is
offered should be restricted;
the health and physical safety of the public, staff, performers and patrons;
noise, nuisance and other negative impacts on nearby residents and businesses; and
any other factor that may be relevant in the public interest.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
11.1.3. General Requirements for Entertainment and Games
If a licensee is permitted entertainment and games, the following general rules apply: 1


a cover charge for entertainment is permitted;
games of chance, including card games, are permitted for amusement only; payoffs or prizes of any
kind are not permitted;
1
Some licence classes have additional restrictions, see 11.6.2 for food primary licences, 11.7.1 for liquor primary licences, 17.20.9 for
manufacturers and manufacturer on-site retail stores, 14.8.8 for caterers, section 15 for licensee retail stores, and section 16 for wine stores.
SECTION 11 – ENTERTAINMENT
Page 2
Liquor Licensing Policy Manual




computers that offer internet access, video arcade games, games of skill such as darts, billiards or
foosball, and board or card games such as cribbage are permitted;
entertainment, games, or activities that may jeopardize performer, patron or public safety must not be
offered or condoned;
all forms of entertainment must comply with applicable provisions of the Public Health Act and the
Fire Services Act; and
prize-fighting, kick-boxing, and other contact sports may be approved when there is no patron
participation, and where the licensee can demonstrate that adequate safeguards are in place to protect
patrons, staff, and the public.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46(4); Liquor Control and Licensing Branch Policy]
11.1.4 Rules for Professional Entertainers
An intoxicated entertainer must not be allowed into a licensed establishment.
Professional entertainers may consume liquor in the establishment but may not become intoxicated. If an
entertainer becomes intoxicated they must be refused service, removed from the premises and the licensee
must see that they depart safely from the establishment.
[Liquor Control and Licensing Act, sections 43; Liquor Control and Licensing Branch Policy]
11.1.5. Performances involving animals
No mammals, reptiles, birds or other animals are permitted in a performance or as entertainment in a
licensed establishment, except as approved by the general manager.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing Branch
Policy]
11.2
Audio, Film, Video and Television
Policy Rationale
Audio, film, video and television entertainment includes any entertainment involving the use of sound
equipment, a screen, or a video monitor with the exception of karaoke, games, and gaming.2 Video and
television broadcast policies also apply to new technologies, such as interactive video and broadcasts, and
Internet applications.
The following policies are not intended to address the appropriateness of the activity itself, but the
concerns arising when the activity is combined with the consumption of liquor.
Policies
11.2.1. Audio, film, video and television presentations
If a licensee is permitted audio, film, video and television presentations, the following conditions apply:



2
radio and television broadcasts, and recorded music, are permitted; live radio or television may be
broadcast from within the establishment, provided the purpose of the broadcast is not the promotion
of liquor;
if minors are permitted in the establishment, all audio, film, video and television presentations must
be suitable for both minors and adults;
for adult-oriented presentations, a sign is posted in a prominent position at the entrance to the licensed
establishment advising the public of the type of entertainment being provided;
Karaoke is discussed in section 11.6. Gaming (gambling) which uses video display equipment is covered by section 11.4.
SECTION 11 – ENTERTAINMENT
Page 3
Liquor Licensing Policy Manual


all film and video presentations must comply with the Motion Picture Act and Regulations, and
require a licence from the Film Classification Branch; and
the licensee must comply with any additional conditions imposed by the general manager in the
public interest.
[Liquor Control and Licensing Act, sections 12(3)(e), 49(4) and 50(2); Liquor Control and Licensing
Regulation, section 46(1); Motion Picture Act Regulations, section 8; Liquor Control and Licensing
Branch Policy]
11.3
Contests and Tournaments
Policy Rationale
Gambling or gaming involving a prize or the opportunity of pay-off for the winners are discussed under
“Gaming (Gambling)” in section 11.4.
Policies on contests and tournaments serve a number of purposes. First, it helps to ensure that licensees
and manufacturers run contests and tournaments that are fair and benefit the customers rather than the
licensee. It also safeguards against over-crowding and over-consumption by prohibiting consumption as
part of the event or drink purchases as a condition of entry, and by stipulating that the winner need not be
present in order to win. By not permitting liquor to be given as a prize, the policy also ensures that the
event does not lead to inducement activity, which is prohibited in section 45 of the Act.
Policies
11.3.1. Licensee contests in licensed establishments
If a licensee is permitted to hold contests, the following conditions apply:









drink or other purchases are not a condition of contest entry;
an entry fee is not charged;
liquor is not offered or given as a prize;
events do not involve the consumption of liquor;
events do not involve a contact sport;
a winner does not need to be present in order to be eligible for any prizes or awards;
licensees may include contest entry forms in print ads or may mention where entry forms are
available in any advertising;
licensees, their employees, and their immediate family members are not eligible to enter or win a
contest; and
the licensee must comply with any additional conditions imposed by the general manager in the
public interest.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 57; Liquor Control and Licensing Branch Policy]
11.3.2. Liquor manufacturer contests in licensed establishments
If a licensee is permitted to allow contests held by liquor manufacturers or their agents, the following
conditions apply:




the manufacturer/agent must follow the Liquor Distribution Branch guidelines outlined in the In-Store
Marketing Programs booklet;
the manufacturer/agent must conduct the contest, install all promotional items, and remove all
promotional items within 10 days after the contest has ended;
the manufacturer/agent must record the name of anyone who wins a prize valued at over $100.00;
the rules pertaining to licensee relationships with manufacturers, described in section 12, apply;
SECTION 11 – ENTERTAINMENT
Page 4
Liquor Licensing Policy Manual


licensees, manufacturers, their employees, employees of the Liquor Distribution Branch or Liquor
Control and Licensing Branch, and immediate family members of anyone in these groups are not
eligible to enter or win a contest; and
the licensee must comply with any additional conditions imposed by the general manager in the
public interest.
For information on liquor manufacturer contests in licensee retail stores, please see s. 15.7.
For information on liquor manufacturer contests in wine stores, please see s. 16.10.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, sections 50.1 and 57; Liquor Control and Licensing Branch Policy]
11.3.3. Tournaments
Tournaments are distinguished from contests by the requirement for a certain degree of physical exertion
and skill. If a licensee is permitted to offer tournaments on their premises, there must be no manufacturer
involvement.
The licensee may permit a manufacturer to sponsor a tournament outside the licensed establishment.
The following conditions apply to licensee-hosted onsite tournaments and manufacturer-sponsored offsite
tournaments:










drink or other purchases are not a condition of tournament entry;
entry fees may be charged;
prizes, including money, anything of value or an opportunity to win may be offered;
liquor is not offered or given as a prize;
events do not involve the consumption of liquor;
events do not involve a contact sport;
a winner does not need to be present in order to be eligible for any prizes or awards;
manufacturers and licensees may include tournament entry forms in print ads, and may mention
where entry forms are available in any advertising;
licensees, their employees, and their immediate family members are not eligible to enter or win a
tournament; and
the licensee must comply with any additional conditions imposed by the general manager in the
public interest.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, sections 57; Liquor Control and Licensing Branch Policy]
11.4
Gaming (gambling)
Policy Rationale
The Gaming Policy and Enforcement Branch regulates all aspects of the gaming (gambling) industry. Its
mandate includes developing and managing gaming policy, legislation and standards in British Columbia,
issuing licences permitting gaming (gambling), investigating alleged contraventions of the Gaming
Control Act and, in cooperation with law enforcement, investigating alleged offences of relevant sections
of the Criminal Code.
11.5
Adult Entertainment
Policy Rationale
Exotic dancing and other adult-oriented performances and activities are not permitted in food primary
establishments and other licensed establishments where minors are permitted, because these activities are
not appropriate for viewing by minors. Strip shows, exotic dancing and other adult-oriented
SECTION 11 – ENTERTAINMENT
Page 5
Liquor Licensing Policy Manual
performances and activities are also prohibited in liquor primary establishments that are unable to prevent
a line of sight between the licensed area and another licensed or unlicensed area in which minors may be
present.
Other restrictions placed on these shows and activities are related to concerns about the licensee’s ability
to maintain effective management and control of the establishment during these performances, and to
health and safety concerns for staff, performers and patrons. These restrictions are not a commentary on
the suitability of these activities in settings where liquor is not being consumed. Rather, the concern is
that the combination of liquor consumption and these particular activities can produce a volatile mix that
may be harmful to performers, patrons and the larger community.
Policies
11.5.1. Definitions of adult entertainment
Adult entertainment includes:



exotic dancers – entertainers who remove clothing during a performance and/or perform in a sexually
suggestive manner;
adult oriented performers – entertainers who present dramatic, musical, artistic, comedic or any other
types of performances not suitable for viewing by minors characterized by nudity, actual or simulated
sexual content, actual or simulated violence and/or abusive, hateful or obscene language; and
adult-oriented activities – activities not suitable for viewing by minors characterized by full or partial
nudity, actual or simulated sexual content and/or actual or simulated violence, degradation or abuse.
Belly dancing, unless performed completely or partially nude, is not adult entertainment.
[Liquor Control and Licensing Branch Policy]
11.5.2. General conditions for adult entertainment
If a licensee is permitted to offer adult entertainment, the following conditions apply:









3
performers must be at least nineteen years of age;
performers must wear appropriate clothing while walking through the audience, both before and after
performances. This clothing may be part of their stage costume, however the clothing must provide
coverage of the entertainer’s breasts and genitalia;
performers may not act as servers or hold any other employment position in an establishment while
working in their role as entertainers. However, when individuals are not working in their role as an
entertainer, they may be employed as servers or hold other positions of employment in an
establishment and this may occur during the same shift;
if an entertainer holds another employment position in the establishment, they must change out of
their entertainer clothing and into clothing typical for the position they are tasked with prior to
starting that position;
servers must be clothed and may not combine the role of server with exotic dancing or adult-oriented
performing at the patrons’ tables or any other type of adult-oriented entertainment;
the performance must take place in an approved area of the licensed establishment;
separation between the licensed area and another licensed or unlicensed area in which minors may be
present must be sufficient to prevent a line of sight between the two areas3;
all licensed establishments that intend to provide exotic dancing or adult-oriented entertainment are
required to install surveillance cameras in all private show/VIP booths; and
such other conditions as may be specified by the general manager in the public interest.
See policies regarding the separation between these areas in 6.5 Adjoining Licensed and Unlicensed Areas.
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46(4); Liquor Control and Licensing Branch Policy]
11.5.3.
Prohibited acts during the performance of an exotic dancer or other adultoriented performer
Consistent with the considerations specified in policy 11.1.2, the following acts are prohibited during the
performance of an exotic dancer and/or adult-oriented performer:











live sex acts;
realistic and simulated sex acts;
insertion of any object into the anus or vagina;
extraction of any object from the anus or vagina;
urination or defecation;
acts which involve coercion or violence, simulated or real;
audience or staff/licensee participation, including touching, sharing food or beverages or passing
objects between the dancer/adult-oriented performer and members of the audience. Tipping and the
distribution of promotional material are permitted provided there is no physical contact between the
performers and each other or with an audience member;
the deliberate engagement of a patron or staff member/licensee by an adult-oriented performer to
participate in an adult-oriented performance or activity;
dancing or performing on table tops or other areas beyond the approved areas;
touching or sharing food between performers; and
such other acts as may be identified by the general manager.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46(4); Liquor Control and Licensing Branch Policy]
11.5.5. Sign describing adult entertainment
If adult entertainment is provided by a licensed establishment, signage must be posted at the entrance of
the establishment clearly describing the nature of the adult entertainment.
[Liquor Control and Licensing Act, section 49(4)]
11.6
Entertainment in Food Primary Establishments
Policy Rationale
Food primary licensees must be able to ensure that entertainment provided does not shift the focus away
from the service of food at all times, and ensure that minors do not consume liquor.
Gaming (gambling), except for ticket raffles, is prohibited in food primary establishments because these
activities are considered to be incompatible with the primary operating purpose of food service.
Entertainment that invites patron participation can have a greater impact on the licensee’s ability to
manage and control activity in the establishment than some other types of entertainment. In particular, if
not properly regulated, patron participation entertainment can affect the licensee’s ability to observe
patron conduct.
Patron participation entertainment is outside the normal terms and conditions of a food primary licence,
and outside the routine steps established to assess their impacts during the application process. To ensure
that community concerns about noise, nuisance and other impacts are considered, input from local
government or First Nation authorities is required before patron participation entertainment will be
approved for a food primary licensed restaurant. In contrast, the community input process is built in as a
normal part of the approval process for liquor primary establishments and manufacturer lounge or special
event areas. Also, the terms and conditions that apply to liquor primary establishments help to safeguard
SECTION 11 – ENTERTAINMENT
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Liquor Licensing Policy Manual
against public safety and community standards issues that arise when entertainment is combined with
alcohol consumption.4
The general manager will want to consider any structural alterations necessary to introduce a new form of
patron participation or non-participation entertainment.5 In particular, the alterations should not hinder
the ability of staff to observe and supervise patron conduct.
Karaoke box style restaurants present particular challenges for licensees to observe and monitor patron
conduct. The policy has also been designed to ensure that karaoke equipment is not used to provide other
forms of entertainment in the restaurant, to preserve the primary focus on food service that is required
under sections 11(1) and 46(2) of the Liquor Control and Licensing Regulations.
Policies
11.6.1 Allowable Entertainment in Food Primary Establishments
Food Primary establishments may have the following types of entertainment:





games and entertainment described in 11.1.3, except as described 11.6.2 below;
audio, films, video and television, in accordance with 11.5;
a contest or tournament, if it complies with the requirements of section 11.3;
ticket raffles licensed by the Gaming Policy and Enforcement Branch; and
patron participation and patron non-participation entertainment, in accordance with 11.6.3-11.6.7.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
11.6.2.
Restrictions on entertainment and games in food primary licensed
establishments
The following conditions and restrictions on entertainment and games apply to food primary
establishments:






computers that offer internet access, and board or card games such as cribbage are permitted,
provided:
o they do not alter the primary focus on the service of food, and
o they can be played while the customers are seated;
games offered in a food primary establishment must not shift the focus of the establishment away
from the service of food during all hours of the establishment’s operation;
games that require the patron to get up from the table and which are likely to shift the primary focus
of the establishment away from the service of food are not permitted in the licensed area, including:
darts, shuffleboard, foosball, billiards, pool, video arcade style games, basket ball, ice or roller
hockey, curling, and bowling; these and other stand-up games may be offered in an unlicensed area
next to the food primary establishment, provided the two areas are properly separated;6
prize-fighting, kick-boxing, and other contact sports are not permitted;
gaming, other than ticket raffles, is not permitted; and
adult entertainment7 is not permitted.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
4
See relevant discussions in the sections dealing with Hours of Operation (section 5) and Liquor Service and Sales (section 7).
The licensee may be required to submit an application for a structural alteration. See related information and policies under 6.2 Structural
Alterations.
6
See policies regarding the separation between these areas in 6.5 Adjoining Licensed and Unlicensed Areas.
7
Adult entertainment is described in 11.5.1.
5
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11.6.3. Definitions of patron participation and non-participation entertainment
For the purposes of policies on patron participation and non-participation entertainment in food primary
establishments:



patron participation entertainment is any form of live entertainment, other than games, that entails
the active involvement of patrons or results in patrons leaving their seats, including but not limited to:
o sing-alongs or karaoke,
o dancing, and
o “amateur nights”, in which patrons are invited to sing, dance or perform stand-up comedy
routines.
patron non-participation entertainment is any form of live entertainment that does not entail the
active involvement of patrons or result in patrons leaving their seats, including but not limited to:
o live music or DJs, and
o stage performances.
Patron participation and patron non-participation entertainment do not include:
o games that are entirely patron initiated, such as cards or board games, or
o recorded or broadcast entertainment, including recorded music, radio, film, video, and
television.8
[Liquor Control and Licensing Branch Policy]
11.6.4 Applications for patron participation and patron non-participation entertainment
An endorsement is required for patron participation or patron non-participation entertainment.
To apply for a patron non-participation endorsement, complete the “Permanent Change to a Liquor
Licence” form available on the Branch’s website.
To apply for a patron participation endorsement, local government comment is required. See section 3.5
for a description of the application process.
An establishment with a licence endorsement for patron participation entertainment is also considered to
have an endorsement for patron non-participation entertainment, provided the patron non-participation
entertainment ends by midnight.
[Liquor Control and Licensing Act, sections 11.3, 15(1); Liquor Control and Licensing Regulation,
sections 53(3); Liquor Control and Licensing Branch Policy]
11.6.5.
Entertainment hours for patron participation and non-participation entertainment
in food primary establishments
Unless longer entertainment hours for a food primary establishment have been approved by the general
manager:


dine and dance, and other forms of patron participation entertainment, must end by 12:00 midnight,
and
stage entertainment, and other forms of patron non-participation entertainment, must end by
1:00 a.m. However, if a food primary licensee is allowed patron participation entertainment, any
patron non-participation entertainment must end by 12:00 midnight.
[Liquor Control and Licensing Act, sections 12(3)(c), 12(3)(e), and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
8
Requirements for audio, film, video and television are discussed in section 11.2
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11.6.6. Applications for karaoke box style restaurants
Unless otherwise directed by the general manager, licensing staff may approve applications for food
primary establishments with karaoke entertainment in individual rooms or box-style enclosures, provided
all regulation and policy requirements have been met. The application must be accompanied by:



a resolution from the local government or First Nation supporting the form of entertainment proposed;
a description of the proposed operation and furnishings showing that they are consistent with the
service of food, and that all furniture is suitable for serving a meal to all persons in the rooms; and
building plans showing that clear glass observation windows to be fitted in each karaoke room will:
o be free of blinds or curtains,
o have a surface area of no less than .3 square meters (3.23 square feet), and
o be installed in such a way that there is an unobstructed view of all parts of the room.
[Liquor Control and Licensing Act, sections 11.3, 15(1); Liquor Control and Licensing Regulation,
sections 53(3); Liquor Control and Licensing Branch Policy]
11.6.7. Conditions for karaoke box style restaurants
The following conditions apply to a food primary licensed establishment that has been approved to
operate as a karaoke box-style restaurant:

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


the licensee, managers and all servers must be certified under the Responsible Beverage Service
Program;
the hours of sale of liquor for the establishment as a whole may not exceed 12:00 midnight;
all forms of entertainment must cease at 12:00 midnight;
doors leading into a karaoke box room may not be fitted with locks or similar devices so that all areas
used for dining purposes are accessible to staff and inspection authorities at all times; and
karaoke control centres or equipment rooms may not be used as D.J. booths for any dine and dance
activity.
[Liquor Control and Licensing Act, sections 12(3)(c), 12(3)(e), and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
11.7
Entertainment in Liquor Primary Establishments
11.7.1. Allowable Entertainment at Liquor Primary Establishments
Liquor primary establishments may have the following types of entertainment:

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
games and entertainment described in 11.1.3, however, games offered in a liquor primary
establishment must not shift the focus of the establishment to that of a video games arcade;
audio, films, video and television, in accordance with 11.5;
a contest or tournament, if it complies with the requirements of section 11.3;
Gaming, in accordance with 11.4 and 11.7.2. If minors are present, the only forms of gaming
permissible are ticket raffles and BC Lottery products; and
adult entertainment, provided it complies with 11.5 and no minors are present.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
11.7.2. Gaming (gambling) in liquor primary establishments
Generally, all types of gaming (gambling) which are licensed by the Gaming Policy and Enforcement
Branch (GPEB) and the sale of B.C. lottery products are permitted in liquor primary establishments.
SECTION 11 – ENTERTAINMENT
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Liquor primary establishments may offer pari-mutuel (off track) betting if they have a licence from
GPEB.
A commercial casino, bingo hall or community gaming centre which is licensed by GPEB and has a
liquor primary licence may allow consumption of liquor at the gaming tables if they are within the redlined area.
A liquor primary establishment may allow a non–profit community organization to run gaming
(gambling) activities in the establishment if the organization has a licence from GPEB.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
SECTION 11 – ENTERTAINMENT
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Liquor Licensing Policy Manual
SECTION 12: Trade Practices
12.0
Introduction
This chapter covers relationships between licensees and liquor manufacturers and their agents, commonly
referred to as trade practices. Trade practice laws are closely related to the tied house requirements (see
section 3.2), and place prohibitions and restrictions on the commercial interactions between liquor
suppliers and licensed establishments. The policies in this chapter relate to how liquor manufacturers and
their agents can promote their products in licensed establishments and are used to ensure that trade
practices between licensees and manufacturers and their agents do not present an opportunity for
inducement activity by any party. Two recurring themes in this chapter are that promotional activity must
benefit customers rather than licensees, and promotional items must not include liquor.
This chapter is organized as follows:

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


General Conditions
Promotional Items
Consumer Taste Trials
Theme Night Promotions, and
Manufacturer Hospitality and Educational Activities
12.1
Inducements
Policy Rationale
Government recognizes that liquor manufacturers/agents and retailers routinely engage in business
arrangements and activities that are mutually beneficial to both parties to some extent; however
inducements between liquor suppliers and licensees are prohibited. Inducements occur when a licensed
establishment promotes specific manufacturers and their products in exchange for benefits provided by
the supplier. Unrestricted trade practices such as inducements are likely to lead to certain products being
favoured. This restricts consumer choice, could also discourage the growth of small volume liquor
manufacturers, and could act as a barrier to new manufacturers wishing to enter the marketplace.
Inducements could also have the effect of decreasing costs for licensees, thus resulting in a licensee being
able to provide liquor at a lower cost, which might in turn result in overconsumption.
Furthermore, the provision of inducements by liquor manufacturers or their agents is most likely to be
given to larger volume accounts, thus providing an additional financial advantage to certain licensees over
those not receiving inducements.
The laws on inducements reflect the belief that licensees who are beholden to manufacturers/agents, or
are concerned about meeting commitments to manufacturers/agents, may be less concerned about
compliance with the public safety rules prohibiting service to minors, over-service, overcrowding and
illicit alcohol. For these reasons, it remains in the public interest for government to continue to regulate
trade practices between liquor manufacturers and licensees in liquor retail.
Policies
12.1.1 Restrictions on inducements
The following restrictions apply to relations between licensees and licensed manufacturers or their agents.


The licensee may accept information and ideas to help improve their business, provided the
information comes directly from the manufacturer or its agent, and not through an outside consultant.
The licensee must not accept advice about borrowing money or locating financing.
SECTION 12 – TRADE PRACTICES
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Liquor Licensing Policy Manual
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The licensee is prohibited from accepting any items, products or services from a manufacturer or its
agent that are necessary for the operation of their business. This includes money, credit or other forms
of financial assistance, as well as permanent fixtures, furnishings, products, repair costs, draught
lines, glassware, games, refrigerators, shelving or permanent display structures. The one exception is
that manufacturers/agents may supply plastic cups at stadiums, either with or without their logo.
The liquor manufacturer/agent may not rent rooms from a licensee, and then leave them unoccupied
for licensees to rent again.
In addition to other policies pertaining to advertising contained in Section 13, licensees must pay for
their own advertising.
With permission from the manufacturer/agent, licensees can include the manufacturer's logo in their
ads, but cannot demand or receive financial compensation or other consideration in return.
The liquor manufacturer/agent may not pay for or provide entertainment in a licensed establishment
other than inexpensive forms of entertainment during theme nights approved under policy 12.4.1.
Where a tied house exemption has been approved for a small and medium volume manufacturer and a
licensed establishment, the licensee’s business relationship with the associated manufacturer is also
exempted from these inducement restrictions (for more information, see section 3.2.5).
[Liquor Control and Licensing Act, sections 18 and 45; Liquor Control and Licensing Act Regulations,
sections 50.1 and 57; Liquor Control and Licensing Branch Policy]
12.2
Selection of products for sale
Licensees must not have any agreement or arrangement to sell the liquor made by a particular liquor
manufacturer to the exclusion of that made by other manufacturers. Licensees must carry and make
available to consumers a representative selection of brands of liquor products from a variety of
manufacturers that are not associated with or connected with each other.
This requirement does not apply to:



manufacturer on-site establishments (see s. 3.2.5.2);
wine stores which are owned and operated by a winery (see s. 3.2.5.3); and
stadiums and concert halls (see s. 3.2.5.4).
[Liquor Control and Licensing Act, section 6(c)]
12.3 Promotions
Policy Rationale
The policies relating to promotional items are based on the principles that items provided to a licensee
should benefit the customers and not the licensee, should not promote over-consumption, and should not
restrict other brands from being made available to the public.
For information on promotions and product vouchers in licensee retail stores, please see section 15.8.
For information on promotions and product vouchers in wine stores, please see section 16.11.
Policies
12.3.1. Promotional Items
Licensees may accept promotional items such as coasters, tent cards and posters from liquor
manufacturers or their agents, provided:


The licensee’s menu already lists the brand of liquor identified in the promotional materials; and
It does not appear that the licensee is promoting a particular liquor product or the products of a
particular manufacturer.
SECTION 12 – TRADE PRACTICES
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Liquor Licensing Policy Manual
Licensees may also:


Receive on loan from a manufacturer or its agent for a specified period of time promotional items
with the manufacturer's name or brand, including:
o Signs, patio umbrellas, ceramic draught beer towers, mirrors, menu boards, etc.; and
o Temporary display structures and related promotional items provided all displays and
promotional items remain the property of the manufacturer and are removed at the end of the
period identified in the buy-sell agreement.
Accept, free of charge, from a manufacturer or its agent, brand or corporately-identified clothing or
novelty items such as t-shirts, hats, key chains, provided the items are given (not sold) to customers
nor kept by the licensee for themselves, their staff or future promotions.
[Liquor Control and Licensing Regulation, section 50.1(1); Liquor Control and Licensing Branch Policy]
12.3.2. Joint promotional dinners
Food-primary licensees may enter into a joint promotion with a liquor manufacturer or its agent to feature
a manufacturer's products during a special event, such as a brewmaster dinner. The following conditions
apply:

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


The event must include a full meal;
Liquor served at the event must be purchased from the licensee’s regular Liquor Distribution Branch
liquor store or other designated outlet;
The manufacturer or it’s agent must attend the event;
The licensee and manufacturer/agent may both advertise the event; and
There is no limit on the number of dinners that may be held.
[Liquor Control and Licensing Regulation, sections 50.1 and 57; Liquor Control and Licensing Branch
Policy]
12.4
Consumer Taste Trials
Policy Rationale
Breweries, wineries and distilleries are permitted to offer free samples of their various liquor products to
visitors during informational tours of their facilities – provided they have a designated sampling room and
have received permission from the general manager. Because many manufacturers find it difficult to
draw prospective customers to the manufacturing facility and because it is easier to market test and
promote products to customers at the retail level, manufacturers may hold taste trials away from the
manufacturing location.
Liquor manufacturers and their agents can introduce a new liquor product to their customers in a
government liquor store or, in a licensee retail store, wine store or food primary licensed restaurant,
through a consumer taste trial 1 . In restaurants, liquor consumption is already permitted. Nevertheless,
because taste trials have a different focus or purpose than typical liquor consumption in restaurants – that
is, liquor served in a promotional context rather than as an accompaniment to a meal – there is a need to
provide for it as a separate activity. Moreover, because liquor consumption is already occurring in a
licensed restaurant, there is a need to monitor the activity more carefully.
F
F
Overall, these policies have been carefully crafted to ensure that consumer taste trials in retail stores and
restaurants are consistent with the broader principles of liquor regulation. Additionally, the policies are
intended to address the activity that is an opportunity for liquor manufacturers and licensees to introduce
the taste of a product to customers at the point-of-sale rather than an opportunity for drinking.
1
Similar opportunities to introduce new products are available to manufacturers in liquor primary licensed establishments. See related discussion
and policies under Theme Night Promotions later in this chapter.
SECTION 12 – TRADE PRACTICES
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Liquor Licensing Policy Manual
For information on consumer taste trials in licensee retail stores, please see section 15.9.
For information on consumer taste trials in wine stores, please see section 16.12
Policies
12.4.1. Objectives of consumer taste trials
The general manager may permit free samples of liquor to be offered to customers during consumer taste
trials in licensed food primary establishments and retail stores2, provided these taste trials have the
objective of:



Increasing the level of consumer awareness about product availability;
Allowing consumers to taste new products introduced by manufacturers; or
Allowing consumers to taste products they may not normally purchase, but that are listed with the
Liquor Distribution Branch.
[Liquor Control and Licensing Act, section 12(3); Liquor Control and Licensing Regulations, section
14(1)(g); Liquor Control and Licensing Branch Policy]
12.4.2. Conduct of consumer taste trials in restaurants
The following conditions apply to the conduct of consumer taste trials in licensed food primary
establishments:




Food service must be available at all times during the consumer tasting;
The manufacturer/agent must be present at all times during the consumer tasting;
The product must be handled by the licensee or staff of the establishment in accordance with policy
12.4.5; and
Such other conditions as the general manager considers to be appropriate.
[Liquor Control and Licensing Act, section 12(3); Liquor Control and Licensing Branch Policy]
12.4.3. Charges and product purchases
The following conditions apply to charges assessed and purchases made for consumer taste trials:




A licensee may not charge a manufacturer/agent a fee for demonstration space or for conducting the
taste trial;
Liquor may not be donated by manufacturers for tasting purposes (unless the liquor is donated to a
SOL holder for a charitable tasting event) and all liquor products used for consumer tasting must be
purchased by the manufacturer/agent from the store’s inventory/restaurant's stock;
The price paid by the manufacturer/agent must be no less than the price paid for the product by the
store operator or restaurateur and no more than the price normally charged to consumers; and
The licensee must issue a countersigned receipt for the dollar value of sampled product to the
manufacturer/agent, a copy of which should be retained by both parties for audit purposes.
[Liquor Control and Licensing Act, sections 45(1) and 45(2); Liquor Control and Licensing Regulations,
section 41(2); Liquor Control and Licensing Branch Policy]
12.4.4. Maximum sample quantities in food primary establishments
The free samples are permitted in a food primary provided they are served in plastic glassware, and
provided the maximum quantities served to each consumer for each sample at the consumer taste trial do
not exceed:
2
Similar opportunities to introduce new products are available to manufacturers in licensed liquor primary establishments. See related discussion
and policies under Theme Night Promotions later in this chapter.
SECTION 12 – TRADE PRACTICES
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Liquor Licensing Policy Manual
Wine
Beer/Cider/Coolers
Spirits
Single Product
30 ml
30 ml
10 ml
Multiple Product
45 ml
45 ml
20 ml
[Liquor Control and Licensing Act, section 12(3); Liquor Control and Licensing Branch Policy]
12.4.5. Service and management of open liquor
Responsible beverage service principles apply during taste trials, including the following:


The manufacturer/agent may not serve a minor or a person who is apparently under the influence of
alcohol; and
The manufacturer/agent may not leave supplies of open liquor unattended at any time.
Liquor must be handled as follows:


Opened product that has not been tasted must be destroyed at the end of the taste trial, with the
exception of spirits and wine in a restaurant, which may be returned to stock; and
Unopened product must be returned to the store inventory or restaurant stock and a refund made to
the manufacturer/agent at the price paid for the product.
[Liquor Control and Licensing Act, sections 12(3), 33(1), and 43(1); Liquor Control and Licensing
Branch Policy]
12.4.6. Advertising
The general manager may approve advertising material for use with consumer taste trials and the
following conditions apply:



All point-of-purchase material used to support a manufacturer-hosted consumer taste trial must be
provided by the manufacturer/agent;
Consumer taste trials may be advertised by the licensee or by the manufacturer; and
Such other conditions as the general manager considers to be appropriate.
[Liquor Control and Licensing Act, sections 12(3)(j); Liquor Control and Licensing Regulations, sections
57; Liquor Control and Licensing Branch Policy]
12.5
Theme Night Promotions in Liquor Primary Establishments
Policy Rationale
In the context of theme night promotions, liquor manufacturers are offered an incentive to contribute
further to their communities – they may take advantage of a promotional opportunity in exchange for an
educational message about drinking in moderation, the consequences of alcohol misuse and abuse, or a
message of similar importance to assist the public in understanding the effects of alcohol consumption.
Theme night promotions are permitted in licensed liquor primary establishments, except in those
establishments that are located on college or university campuses.3 Section 45 of the Liquor Control and
Licensing Act prohibits licensees from accepting benefits, either directly or indirectly, in return for
promoting a particular brand of liquor. It also specifies that a licensee’s employees may not promote a
particular type of liquor. For this reason, the policy on theme night promotions, like the consumer taste
trial policy, is crafted to ensure the theme night is a manufacturer, and not a licensee, activity.
3
Theme night promotions are not permitted in food primary licensed restaurants because this activity is deemed to be incompatible with a
restaurant’s primary operating purpose of food service; however, restaurants and Licensee Retail Stores are permitted to hold consumer taste
trials. See related discussion and policy under Consumer Taste Trials earlier in this chapter.
SECTION 12 – TRADE PRACTICES
Page 5
Liquor Licensing Policy Manual
The licensee is accountable for all that occurs on the premises, so the policy reflects both the specific
requirements placed on the licensee during these events, as well as the requirements for manufacturers.
The general manager has allowed “theme night promotions” in licensed establishments under strictly
controlled circumstances that are similar, in several respects, to the consumer taste trials discussed in the
previous section. A fuller appreciation of the rationale for theme night promotions can, therefore, be
acquired by reading the policy rationale in that section.
Policies
12.5.1. Educational component
The general manager may approve a theme night promotion in a licensed liquor primary establishment,
provided the event has an educational component promoting:





Public awareness of provincial liquor laws and policies;
Public awareness about alcohol abuse;
Messages related to the consequences of drinking and driving;
Industry or corporate sponsored publications or programs featuring responsibility in beverage
consumption; or
Such other message as may be considered to be in the public interest.
[Liquor Control and Licensing Act, section 12(3); Liquor Control and Licensing Regulations, section
50.1; Liquor Control and Licensing Branch Policy]
12.5.2. Service of food and liquor
There are no limits on the number of theme nights a liquor manufacturer/licensee can hold, but they are
subject to the following conditions:





The manufacturer/agent must be in attendance at the establishment during at least part of each
function;
The offer or invitation to taste the product must be made by the manufacturer/agent and not by the
licensee or regular staff of the establishment;
Servings of product samples from a separate service counter or bar (or other area set up for that
purpose at the discretion of the licensee) must be dispensed by staff provided by the
manufacturer/agent;
Servings of product samples to patrons at their tables must be dispensed by the licensee or regular
staff of the establishment; and
The licensee must have food available for patrons at all times during the theme night.
[Liquor Control and Licensing Act, sections 12(3); Liquor Control and Licensing Regulations, section
50.1; Liquor Control and Licensing Branch Policy]
12.5.3. Promotional activities permitted
The following conditions apply to activities undertaken during a theme night promotion:




Liquor manufacturers or their agents and licensees can advertise theme night promotions both on-site
and off-site, subject to the advertising requirements (set out in section 13);
Liquor manufacturers or their agents may provide inexpensive forms of entertainment during the
theme night, such as games;
Payment for more expensive forms of entertainment – live performers or DJs, for example – is
prohibited unless approved by the general manager;
Liquor manufacturers or their agents may run contests in accordance with sections 11.3.1 and 11.3.2
and may present prizes, which may be brand or corporately identified, unless the general manager
directs otherwise;
SECTION 12 – TRADE PRACTICES
Page 6
Liquor Licensing Policy Manual


Liquor manufacturers or their agents may provide clothing or novelty items identifying the featured
liquor name or brand(s) to be worn by licensees’ employees, and may permit employees to keep the
clothing or items after the event;
Brand or corporately identified items not distributed by the end of an event must be removed by the
agent/manufacturer or given (not sold) to staff and may not be retained by the licensee for themselves
or future promotions.
[Liquor Control and Licensing Act, sections 12(3)(j) and 52(5); Liquor Control and Licensing
Regulations, sections 41(2), 42(2), 46(1), 50.1, 56, and 57; Liquor Control and Licensing Branch Policy]
12.5.4. Charges and product purchases
The following conditions apply to the charges and product purchases for a theme night:



Liquor may not be brought into an establishment by an agent or any other person, and any liquor
provided to patrons by the manufacturer/agent must be purchased from the licensee;
Gratuities or tipping by the manufacturer/agent may not exceed 15 per cent;
The licensee may not give liquor away free but may establish reasonable special prices for
promotions 4;
The licensee may charge a corkage fee in addition to the licensee’s purchase cost for products used
for sampling purposes;
Licensees may not charge the manufacturer/agent a fee for conducting a theme night promotion other
than the price of the liquor purchased to conduct the promotion; and
The licensee must issue a countersigned receipt for the dollar value of sampled product to the
manufacturer/agent, a copy of which should be retained by both parties for audit purposes.
F



[Liquor Control and Licensing Act, sections 45(1), and 45(2); Liquor Control and Licensing Regulations,
sections 41(2) and 50.1; Liquor Control and Licensing Branch Policy]
12.5.5. Maximum sample quantities during theme night promotions
Free samples may be served during a theme night promotion provided the samples are served in plastic
glassware, and provided the maximum quantities served to each consumer for each sample does not
exceed:
Single Product
Wine
Beer/Cider/Cooler
Spirits
30 ml
30 ml
10 ml
Multiple Product5
45 ml
45 ml
20 ml
[Liquor Control and Licensing Act, sections 12(3); Liquor Control and Licensing Regulations, section
50.1; Liquor Control and Licensing Branch Policy]
12.6
Manufacturer Hospitality, Educational Activities
Policy Rationale
The policies in this section set limits on how liquor manufacturers and their agents may extend hospitality
and provide educational activities and sponsorship to licensees in liquor retail. These policies generally
follow from the previous sections and are based on the principles outlined in the General Conditions
section; that is, unregulated relationships between liquor manufacturers/agents and licensees may lead to
4
See related discussion and policies in the section on Pricing in Chapter 7.
Quantities for multiple product tasting apply only where more than one product is being presented at any one time by a single supplier. The
quantity for multiple products is a total of all products offered.
5
SECTION 12 – TRADE PRACTICES
Page 7
Liquor Licensing Policy Manual
certain products being favoured, which restricts consumer choice and is a barrier to new manufacturers
wishing to enter the marketplace.
The policies below outline legitimate trade practices manufacturers and their agents may undertake to
promote their products either to the consumer by means of a licensed establishment, or through the
sponsorship of an event, activity, or organization.
Policies
12.6.1. Buying Drinks for Patrons
The actions of liquor manufacturers and their agents when visiting licensed establishment are restricted.
Mass treating or “buying drinks for the house” by a manufacturer/agent is not permitted, and
manufacturers/agents may not leave money for this purpose. They may, however, purchase drinks for
patrons, provided:





The liquor serving provided to each customer at one time is not greater than the normal serving for
that establishment;
Each order is paid for at the time it is served (the order may be put on a “tab” provided the account is
settled before the agent leaves the establishment), and that drink prices are the same as the licensee
would charge regular patrons.
The manufacturer or agent does not treat more than one table at a time, except where it involves a
bona fide sporting team;
The licensee issues a countersigned receipt for the dollar value of purchased product to the agent
(both parties should retain a copy); and
The manufacturer or agent does not bring liquor products into a licensed establishment for the
purpose of sampling (unless it is a theme night promotion event arranged according to the policies set
out in section 12.4).
[Liquor Control and Licensing Act section 45; Liquor Control and Licensing Regulation, section 50.1;
Liquor Control and Licensing Branch Policy]
12.6.2. Product Samples
Liquor manufacturers and agents may occasionally give product samples to licensees to introduce new
products. Only the licensee and staff may consume this product, in a private place outside of the licensed
area. Product samples are not intended for patrons of the establishment and must not be purchased or
consumed by them. Samples provided by a liquor manufacturer or agent must be recorded in the
licensees’ liquor register.
Liquor manufacturers and agents must not provide a licensee with more than the following product
amounts per year:



Distilled spirits – smallest available size per product (total not exceeding 1.14 litres);
Wine – smallest available size per product (total not exceeding two litres); and
Beer, domestic cider or coolers – one dozen smallest available size bottles or cans (total not
exceeding four litres).
Notwithstanding the above, if a new wine vintage is released within the same year in which an earlier
vintage was provided as a sample, a liquor manufacturer or its agent may provide a sample of the new
vintage within the same year.
[Liquor Control and Licensing Act section 45; Liquor Control and Licensing Regulation, section 50.1;
Liquor Control and Licensing Branch Policy]
SECTION 12 – TRADE PRACTICES
Page 8
Liquor Licensing Policy Manual
12.6.3. Educational Events and Activities
Where the primary purpose of an event or activity is to educate the licensee on a product, a liquor
manufacturer or agent may pay legitimate in-province travel, meal, accommodation, and entertainment
expenses under the following conditions:



Expenses paid must not exceed $1,000 per licensee location per year;
Expenses paid for a licensee with multiple licensed establishments must not exceed $1,000 per person
to a maximum of $3,000 per licensee head office; and
Where the primary purpose or the majority of time spent at the event or activity is entertainment,
recreational, or sporting in nature and not educational, it must follow the rules for hospitality in policy
12.5.4.
[Liquor Control and Licensing Act section 45; Liquor Control and Licensing Regulation, section 50.1;
Liquor Control and Licensing Branch Policy]
12.6.4. Hospitality
Liquor manufacturers and agents may engage in hospitality with licensees to a maximum of $1,500 per
establishment per year. Additional in-province travel expenses, which are appropriate and related to the
event, are also permitted.
[Liquor Control and Licensing Act section 45; Liquor Control and Licensing Regulation, section 50.1;
Liquor Control and Licensing Branch Policy]
12.7
Sponsorship
12.7.1. Manufacturer sponsorships
A manufacturer may sponsor an event, activity, or organization using their corporate name or brand name
of the manufacturer’s product. Manufacturer-sponsored events are not generally permitted in licensed
establishments due to laws prohibiting tied houses. Manufacturer-sponsored events are permitted at
catered events because the sponsorship agreement is not between the caterer and the manufacturer, and
the caterer does not directly benefit from the relationship.
Manufacturers are permitted to sponsor licensee-associated sports teams, tournaments6 or events held
offsite. The sponsored activity may be held at:



unlicensed venues;
licensed:
o sports stadiums
o recreational centres (including ski hills, racquet clubs and bowling alleys)
o concert halls, or
o university or cultural centres; or
o associated establishments exempted from the tied house requirements; or
catered events.
Sponsorship at or with a licensed establishment is not permitted unless the following criteria are met:


6
The sponsored activity is time-limited and not part of an on-going relationship with the licensed
establishment or caterer; and
The manufacturer or agent has notified the Liquor Control and Licensing Branch, in writing, at least
14 days before any sponsored activity takes place if it involves a licensed establishment.
See section 11.3 for conditions that apply to manufacturer-sponsored contests and tournaments.
SECTION 12 – TRADE PRACTICES
Page 9
Liquor Licensing Policy Manual
Sponsorship by manufacturers of events, activities, and organizations in which the participants or
audience consist primarily of minors is generally prohibited, unless authorized by the general manager.
[Liquor Control and Licensing Act section 54; Liquor Control and Licensing Regulation, sections 50.1
and 60; Liquor Control and Licensing Branch Policy]
12.7.2. Licensed establishment sponsorships
A licensed establishment may sponsor an event, activity, or organization using their corporate name or the
name of the licensed establishment. The sponsored event or activity may be held at the licensed
establishment or offsite at an unlicensed venue or at a catered event:
Joint sponsorship with a manufacturer is not permitted unless the following criteria are met:


The sponsored activity is time-limited and not part of an on-going relationship with the
manufacturer; and
The manufacturer or agent has notified the Liquor Control and Licensing Branch, in writing, at least
14 days before any sponsored activity takes place.
Sponsoring events aimed at minors is still generally prohibited, although establishments, or catered events
in which unaccompanied minors are permitted (such as restaurants) may sponsor minors’ activities,
events and organizations without having to apply.
[Liquor Control and Licensing Act section 54; Liquor Control and Licensing Regulation, sections 50.1
and 60; Liquor Control and Licensing Branch Policy]
SECTION 12 – TRADE PRACTICES
Page 10
Liquor Licensing Policy Manual
SECTION 13: Advertising and Signage
13.0
Introduction
This chapter covers topics that relate to licensee signage and advertising. A recurring theme in this
chapter is that no advertising of liquor or of licensed establishments should encourage consumption or
irresponsible drinking behaviour, nor should it target minors.
These policies are discussed under the heading “General Conditions”.
See Also:




sections 14.4.8 and 14.4.9, for advertising and signage requirements specific to caterers;
section 15.4, for advertising and signage requirements specific to licensee retail stores;
section 16.7 for advertising and signage requirements specific to wine stores;
Section 18.4 for advertising and signage requirements specific to UBrews/UVins.
13.1
General Conditions
Policy Rationale
Policies governing advertising have been crafted with public safety principles in mind, primarily that
consumption should not be encouraged, and that irresponsible consumption should be prevented.
Liquor licensees and manufacturers may advertise their products, but they must comply with Liquor
Control and Licensing regulations. The regulations incorporate the Canadian Radio-television and
Telecommunications Commission's Code for Broadcast Advertising of Alcoholic Beverages as the
advertising code for the province.
U
Advertising that misleads patrons as to the nature of the establishment is contrary to the public
interest. An advertisement or sign for a licensed establishment must reflect the type of class or
category of licence the establishment holds. While a liquor primary licensed establishment may use
terms such as bar, saloon, cantina or tavern in its name, a food primary licensed restaurant may not
use them — except in reference to a lounge in the restaurant — because such terms may confuse the
public about the restaurant’s primary function, which is to serve food.
Any signs, including signs bearing the name of a licensed establishment, are considered to be
advertising and must comply with the advertising terms and conditions outlined in this chapter. Signs
must also comply with local government bylaws.
The policy for approval of Fetal Alcohol Syndrome (FAS) warning signs is designed to encourage
display of signs warning about the risks of consuming alcohol during pregnancy. FAS signs are
approved for posting in licensed establishments as long as they comply with municipal bylaws.
The policies below specify the nature of the information that may be advertised, as set out in the
regulations and as currently approved by the general manager.
Policies
Revised
February
2013
13.1.1. Nature of the information provided
The nature of information provided on a sign or advertisement, other than those for caterers, may
include:




liquor prices, including specials
hours of sale
featured entertainment or food
the kind of liquor and/or specific liquor brands and manufacturers offered
SECTION 13 – ADVERTISING AND SIGNAGE
Page 1
Liquor Licensing Policy Manual

the availability of off-premise sales if the licence is so endorsed
For advertising rules for caterers, see section 14.4.8.
[Liquor Control and Licensing Act sections 49(3) and 51.1(1); Liquor Control and Licensing
Regulation, sections 56 and 57; Liquor Control and Licensing Branch Policy]
13.1.2. Prohibited content for advertisers
An advertisement or sign may not:







encourage people to drink liquor or to drink irresponsibly
show people drinking liquor, or anyone who is either intoxicated or behaving irresponsibly or
illegally
associate liquor with driving
be directed at minors or placed in locations used or visited mostly by minors, such as video
arcades, playgrounds, or stadiums that are used primarily for minor sports
be shown on a theatre screen before a movie, if the movie being presented is primarily for a
young audience
promote contests and tournaments involving wet T-shirts, wet jockey shorts, bare-as-you-dare, or
similar themes or activities
depict liquor as:
o one of life's necessities
o key to social acceptance or personal success
o central to the enjoyment of an activity
o a status symbol.
[Liquor Control and Licensing Act sections 49(3) and 51.1(1); Liquor Control and Licensing
Regulation, sections 56 and 57; Liquor Control and Licensing Branch Policy]
13.1.3. Methods of advertising
Licensees may advertise through any medium unless otherwise restricted by the general manager,
bylaws of a municipality or regional district or laws of Canada.
[Liquor Control and Licensing Act, section 49(3); Liquor Control and Licensing Regulations, sections
56 and 57; Liquor Control and Licensing Branch Policy]
13.1.4. Signs and advertising for food primary lounges
In signage or advertising for food primary establishments with lounge endorsements, the word lounge
may be used in reference to the lounge. Comparable terms such as bar, cocktail lounge, or cocktail
bar may also be used, provided the name does not suggest a class or category of licence not held in
respect of the establishment.
Signage or advertising must make clear that serving food is the restaurant's primary purpose and may
therefore not show people with liquor, unless the people have food in front of them.
[Liquor Control and Licensing Act, section 49(3); Liquor Control and Licensing Regulations, sections
56 and 57; Liquor Control and Licensing Policy]
13.1.5. Signs and advertising for liquor primary establishments
Signage and advertisements for liquor primary establishments may not use pictures of minors,
personalities, images or activities that may appeal to minors. Nor may signs and advertisements show
people with liquor, unless the people have food in front of them.
SECTION 13 – ADVERTISING AND SIGNAGE
Page 2
Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 49(3); Liquor Control and Licensing Regulations, sections
56 and 57; Liquor Control and Licensing Policy]
13.1.6. Signs displaying Fetal Alcohol Syndrome (FAS) warnings
The general manager approves the display of a sign or signs, inside a licensed establishment,
informing or warning patrons about the dangers of consuming alcohol during pregnancy, provided the
signs:


comply with municipal bylaws
contain only information about the risk of alcohol consumption during pregnancy.
[Liquor Control and Licensing Act, section 49(3); Liquor Control and Licensing Branch Policy]
SECTION 13 – ADVERTISING AND SIGNAGE
Page 3
Liquor Licensing Policy Manual
SECTION 14: Catering Licences and Catering
Endorsements
14.0
Introduction
This section provides an overview of the legislation, regulations, and policies specific to Catering
Licences and Catering Endorsements.
A Catering Licence enables catering companies to provide a full range of food and beverage services to
their local, out of province or international clients. Licensed Caterers may purchase, transport, and sell
liquor, and maintain a liquor inventory.
Revised
May
2013
A Catering Endorsement enables food primary and liquor primary establishments to cater food for their
clients’ events at locations that are primarily off-site. A catering endorsement may not be used to alter the
primary focus of the establishment or alter the terms and conditions under which the establishment
operates on a day to day basis.
The host of a Catered Event is not required to obtain a Special Occasion Licence. Catered Events
encompass a wider range of business events than are currently eligible under the Special Occasion
Licence program.
14.1
Definitions and Interpretation
14.1.1 Definitions
"Business Location" refers to a permanent location housing the Caterer’s commercial kitchen and secure
liquor storage.
“Caterer” means someone with a Catering Licence or Catering Endorsement.
"Catered Event" refers to an event (other than a Residential Event) where the Caterer is hired by the
host to sell liquor, and the host invites the guests.
Catered Events include:




personal events which are invitation only events for family and friends such as a wedding or birthday
party
corporate events which are business events that typically are invitation only, no admission, and a
host bar
community events such as a festival, exhibition, sports tournament or concert, or
other events such as a political party fundraiser, gallery event or theatre show.
"Catering Authorization" refers to the approval granted by a liquor inspector for a Catered Event.
“Catering Endorsement” may be added to the licence of a food primary or liquor primary licensee to
allow the licensee to sell liquor at Residential and Catered Events.
“Event” includes Catered and Residential Events.
“Host” refers to the client that hired the Caterer to provide food and liquor at an event.
“Occupant Load" means the number of persons, including staff, who may be in licensed premises at
one time. The number is calculated by local fire and building officials or other designated professionals,
such as architects and engineers. The occupant load calculation must be the lesser of the maximum
number of people allowed under provincial regulations or municipal bylaws.
"Residence" refers to a private dwelling (where someone lives), and the land surrounding it (see 14.9.1
for further information.)
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
Page 1
Liquor Licensing Policy Manual
"Residential Event" refers to an invitation only event held at a residence where liquor is sold by a
licensed Caterer, such as a dinner party or wedding (see 14.9.1 for further information.)
14.1.2 Interpretation
Because a Caterer’s Business Location does not meet the definition of establishment or licensed
establishment in the Act, in order for certain sections of this manual to apply properly, the following
interpretations are necessary.
For the purposes of Sections 1, 2, 3, 4, 6.1, 7, and 13 of this manual, an establishment or a licensed
establishment:


includes a Caterer’s Business location
does not include a Catered Event.
For the purposes of Section 5, 6.3, 6.5, 8, 9, 10, and 11of this manual, an establishment or a licensed
establishment:


does not include a Caterer’s Business location
includes a Catered Event.
A reference in this manual to a section of the Act in Column 2 of the table, in relation to a Caterer, should
be read as a reference to the section of the Act or Regulation in Column 3:
Topic
Column 2
Column 3
Owner of business at establishment/
business location
16(1)(b) of the Act
13.05(1)(a) of the Regulation
Owner of establishment/ business
location
16(1)(c) of the Act
section 4 of the Regulation
GM take action re: conviction for
offenses related to establishment /
business location
20(1)(b) of the Act
20(1)(a) of the Act, and
13.05(1)(g) of the Regulation
GM take action for loss of permit for
licensed establishment / business
location
20(1)(e) of the Act
20(1)(a) of the Act, and
13.05(1)(f) of the Regulation
Relocation of establishment / business 21(3) of the Act
location
13.05(1)(d) of the Regulation
Temporary suspension for public
safety
22(1) of the Act
22(1.1) of the Act
Display of signs
49(3) of the Act
13.05(1)(c) of the Regulation
Entertainment
50(2) of the Act
50(3) of the Act
Requesting documents
73(1) of the Act
13.05(1)(e) of the Regulation
14.2
Eligibility
14.2.1 Catering Licence
Applicants must meet the relevant eligibility requirements outlined in Section 3.2 of this Manual in order
for a Catering Licence to be issued, renewed or transferred.
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
Page 2
Liquor Licensing Policy Manual
To qualify for a Catering Licence, applicants must be primarily in the business of preparing and serving
food at other people’s events, and they must be able to demonstrate that they have the infrastructure and
personnel necessary to provide catering services.
Applicants will be required to have valid interest in their catering business (see Sections 3.2.4 and 4.5 of
this Manual) and to own or lease a permanent location where their commercial kitchen and secure liquor
storage will be contained. These must be at the same location.
All Caterers must undergo a background check and meet residency requirements prior to licensing
(Sections 3.2.2 and 3.2.3 of this Manual). In addition, Caterers are expected to hold in good standing
health, business and other applicable permits.
In determining if an applicant is eligible for a Catering Licence, the Branch may consider:







advertising;
food selection offered;
kitchen equipment;
staffing ;
financial records;
the ratio of receipts from food sales to receipts from liquor sales at catered events; and
any other relevant consideration that may assist in the determination.
These criteria are discussed further in sections 14.2.3 – 14.2.7.
[Liquor Control and Licensing Act, section 16(1)(a), 16(1)(d), 16(3), 16(5); Liquor Control and Licensing
Regulation sections 4, 13.02(1), 13.04; 13.05(1)(a) and (f)]
14.2.2 Catering Endorsement Eligibility
Applicants for a Catering Endorsement must hold a valid food primary or liquor primary licence and must
meet the following criteria:



the primary business of the licensee’s catering operation must be the preparation and serving of food;
the licensee must have the personnel and infrastructure necessary to provide catering services; and
the licensee’s commercial kitchen must be located at the licensed establishment.
In determining if an applicant meets the above eligibility criteria, the Branch may consider:
Revised
May
2013







advertising;
food selection offered;
kitchen equipment;
staffing;
financial records;
the ratio of receipts from food sales to receipts from liquor sales at catered events; and
any other relevant consideration that may assist in the determination.
These criteria are discussed further in sections 14.2.3 – 14.2.7.
Essentially, applicants must be able to demonstrate that:


their licensed establishment prepares food on-site as part of its business; and
the licensee intends to cater food at other people’s events held off-site (events must typically occur
off-site, see section 14.8.2.1 for further details).
Examples of liquor primary establishments that typically would qualify for a catering endorsement would
be hotels, pubs, convention centres and conference centres.
See 14.2.9 for examples of ineligible establishments.
[Liquor Control and Licensing Regulation sections 13.03, 13.04; 13.05(1)(f)]
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
Page 3
Liquor Licensing Policy Manual
14.2.3 Kitchen Requirements:
The kitchen should, other than in exceptional circumstances, contain:



commercial appliances including a range, oven, refrigerator and dishwasher;
a food storage area and a food preparation area; and
the equipment needed to transport and serve food at events.
See Also: Section 4.1.2 regarding exercising discretion.
[Liquor Control and Licensing Regulation sections 13.02(b), 13.0(4)(a); Liquor Control and Licensing
Branch Policy]
14.2.4 Food Selection Available
The applicant must provide clients with reasonable variety of appetizers and main courses from which to
choose.
Caterers must be in the food preparation business: they must prepare most of the food they serve. They
may, however, purchase items such as bread, desserts, or specialty items.
[Liquor Control and Licensing Regulation sections 13.02(1)(a); 13.04(b); Liquor Control and Licensing
Branch Policy]
14.2.5 Staffing
The business must have a cook and adequate servers to cater events.
[Liquor Control and Licensing Regulation sections 13.02(1)(b); 13.04(e); Liquor Control and Licensing
Branch Policy]
14.2.6 Financial Records
The applicant must make all financial records available (including catering contracts) and provide receipts
for the liquor inspector to review upon request. (See Section 34 of the Regulations for a complete list of
the required records.)
[Liquor Control and Licensing Regulation sections 13.02(1)(a), 34]
14.2.7
Food to Liquor Ratio
The ratio of receipts from food sales to receipts from liquor sales at events must support the fact that the
primary focus is food.
[Liquor Control and Licensing Regulation sections 13.02(1)(a), 13.04(f); Liquor Control and Licensing
Branch Policy]
14.2.8 Examples of Businesses Ineligible for a Catering Licence
To be eligible for a Catering Licence, the primary business of the applicant must be the preparation and
service of food. The following are examples of businesses and organizations that would not be eligible
for a Catering Licence because they are not primarily in the business of preparation and service of food:





liquor primary clubs (additionally, this licence category is restricted to serving liquor to members and
guests only);
manufacturers;
service clubs such as Rotary or Lions;
grocery stores;
promoters (additionally, they would be unlikely to be catering for other people’s events – see sections
14.4.2 and 14.4.3);
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
Page 4
Liquor Licensing Policy Manual


bartending services;
event planners.
Mobile food carts or trucks would not be eligible because they would not have a permanent Business
Location. Additionally, they would be unlikely to be catering for other people’s events (see sections
14.4.2 and 14.4.3).
[Liquor Control and Licensing Regulation sections 13.02(1)(a); Liquor Control and Licensing Branch
Policy]
14.2.9 Examples of Businesses Ineligible for a Catering Endorsement
The Catering Endorsement is designed for establishments to provide a full range of food and beverages at
unlicensed locations. Liquor primary club and manufacturer licences are not eligible for a Catering
Endorsement because:

Revised
May
2013

Manufacturer endorsements allow manufacturers to sell and serve product to customers at the
manufacturer’s facility, and are a means of encouraging customers to visit the manufacturer and
purchase its product. Manufacturers are limited in their product selection by operating conditions (e.g.
wineries can only sell BC wine);
liquor primary clubs are restricted to serving liquor to members and guests only.
The following are examples of liquor primary establishments that are generally considered ineligible for a
catering endorsement, due to the limited nature of their liquor primary licence (i.e. the establishments are
event driven or do not provide significant food service):





stadiums, concert halls, theatres and other live-event establishments;
gaming facilities;
motor vessels, trains, and aircraft;
nightclubs; and
airport lounges.
[Liquor Control and Licensing Act, section 16(3); Liquor Control and Licensing Regulation section
13.03(1); Liquor Control and Licensing Branch Policy]
14.3
Application Process and Changes to a Licence
14.3.1 Catering Licence
Applicants for a Catering Licence are required to follow the licensing process set out in Section 3 of this
manual, except:



Applicants will not require local government comment prior to issuance;
Applicants will not be required to submit a floor plan as part of the application; and
Applicants must show their permit to operate a food service establishment1 to the inspector at the final
inspection.
[Liquor Control and Licensing Act, section 15(1); Liquor Control and Licensing Branch Policy]
14.3.2
Catering Endorsement
An application for a Catering Endorsement may be made at the time of application for the food primary or
liquor primary licence, or existing licensees may apply for an endorsement by completing an “Application
for Permanent Change to a Licence”.
No local government comment is necessary to obtain a Catering Endorsement.
1
This permit is required by section 8 of the Food Premises Regulation, and is issued by the region health authority.
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
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Liquor Licensing Policy Manual
Applicants will be subject to a final inspection, and must show their permit to operate a food service
establishment2 to the inspector at the final inspection.
[Liquor Control and Licensing Act, section 15(1), 88; Liquor Control and Licensing Regulation sections
13.03; Liquor Control and Licensing Branch Policy]
14.3.3 Changes to a Licence or to Business Ownership
Caterers are required to comply with the requirements of Section 4 of this Manual.
Holders of a Catering Licence do not need to request approval for structural changes to their Business
Location. There is no approval need for structural changes for a Catered Event.
[Liquor Control and Licensing Regulation sections 7(2)]
14.3.4 Relocation of Business Location
Caterers must not change the location of the Caterer’s Business Location without the written consent of
the general manager.3
The general manager may give written consent to the relocation if:





the applicant has demonstrated a valid interest in the proposed location;
the applicant retains a valid interest in the current business location until the application receives
approval;
the proposed location does not contravene specifications established by health, building, fire and
other local or provincial government authorities;
the proposed location meets eligibility requirements described in section 14.2; and
any other relevant factors are satisfactorily addressed.
No local government comment is necessary for a relocation of the business location of a licensee with a
Catering Licence.
Applicants will be subject to a final inspection to confirm the location meets the kitchen requirements in
section 14.2.1, and must show their permit to operate a food service establishment to the inspector at the
final inspection.
[Liquor Control and Licensing Regulation sections 13.05(1)(d)]
14.4
Catering Business Requirements
14.4.1
Catering Endorsement Terms and Conditions that Differ from Primary
Establishment
The terms and conditions that apply to an Event may differ from the terms and conditions regarding
hours, food service, minors or entertainment that apply to the licensee’s food or liquor primary
establishment. For example, a food primary licensee may offer entertainment at a Catered Event even if
its restaurant does not have an entertainment endorsement, or a liquor primary licensee may cater an event
that has minors even thought its liquor primary establishment does not permit minors.
[Liquor Control and Licensing Act, section 86(b)(iii); Liquor Control and Licensing Regulation sections
9(2), 11(4); Liquor Control and Licensing Branch Policy]
2
3
This permit is required by section 8 of the Food Premises Regulation, and is issued by the region health authority.
For the purposes of this section, ‘relocation’ means a relocation to a new address, as defined in section 4.4.2.
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14.4.2 Business Relationship with Event Host
Caterers must retain all revenue from liquor sales at an Event: they may not give any portion of the
revenue from liquor sales to the Host.
This does not prevent a Caterer from making a charitable donation to a registered charity, and does not
prevent a Host from charging admission to an Event (e.g. dinner tickets for a set amount per plate, or a
conference fee).
Caterers may not cater a series of Events for the same Host if it appears that the Caterer is operating an
ongoing business with that Host.
Revised
March
2013
Universities and colleges that hold a Catering Licence or Catering Endorsement may cater a series of
Events with a Host, if:


the Host of the Event is the university or college, or a group associated with the university or
college; and
the events are held on-campus.
[Liquor Control and Licensing Regulation 13.05(i) and (j); Liquor Control and Licensing Branch Policy]
14.4.3 Hosting Own Event
Caterers may not promote or invite people to an event they are catering, except for infrequent customer
appreciation or staff appreciation events. In those cases, the Caterer must personally invite the guests and
must provide the liquor at no charge.
[Liquor Control and Licensing Regulation 13.05(h); Liquor Control and Licensing Branch Policy]
14.4.4 Serving it Right Program Requirements
Caterers must ensure that managers and all staff who serve liquor at Events complete the Serving it Right
program as detailed in Section 8.4 of this Manual. The exemptions for servers at Food Primary
establishments are not applicable at Events.
[Liquor Control and Licensing Act section 13; Liquor Control and Licensing Regulation 43; Liquor
Control and Licensing Branch Policy]
14.4.5 Employee Conduct
Caterers must comply with the requirements of Section 8.2 of this Manual, which prohibits employees
from consuming liquor while working and regulates employee consumption of liquor after work. Caterers
and their employees must not consume liquor at Events.
[Liquor Control and Licensing Regulation 42(3); Liquor Control and Licensing Branch Policy]
14.4.6 Record Keeping
All licensees must keep a number of records, including records related to:




liquor and food purchases and sales;
leases and management contracts;
employee records; and
liquor incidents.
In addition, Caterers must keep:



records of their catering contracts;
copies of Catering Authorizations; and
local government approval for Community Events and for extended hours.
[Liquor Control and Licensing Regulation 34; Liquor Control and Licensing Branch Policy]
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14.4.7 Posting Licence
A licensee with a Catering Licence must post its original liquor licence certificate in a prominent location
at the Business Location. The licence must be immediately available for review by liquor inspectors and
police, if required, as detailed in Section 6.1 of this Manual.
[Liquor Control and Licensing Regulation 37(2)]
14.4.8 Advertising
A Caterer may advertise:



the services they offer;
the type of liquor they may offer for sale or service at Events; and
previous Events they have catered.
A Caterer may not otherwise advertise the availability, sale or service of liquor in relation to an ongoing
or upcoming Event or in relation to their catering business. This does not prevent liquor primary or food
primary licensees from advertising other aspects of their business in accordance with Section 13.1.1 of
this Manual.
Advertisements may not include manufacturer and brand names, or information on liquor prices.
All advertisements must comply with the applicable advertising terms and conditions outlined Section 13
of this Manual.
[Liquor Control and Licensing Regulation 13.05(1)(c), 57(3.1) and (4.1); Liquor Control and Licensing
Branch Policy]
14.4.9 Requirements for Signs for Licensees that have a Catering Licence
All advertisements and signs must comply with the advertising terms and conditions outlined Section 13
of this Manual.
Signage or advertising must make clear that serving food at other people’s events is the primary purpose
of the business, and may therefore not show people with liquor, unless the people have food in front of
them.
[Liquor Control and Licensing Regulation 13.05(1)(c), 57(3.1) and (4.1); Liquor Control and Licensing
Branch Policy]
14.4.10 Relationships with Liquor Manufacturers and Agents
Caterers must comply with the requirements of Section 12 of this Manual, with the following
amendments:


Promotional activity includes the provision of goods and services related to the operation of the
Caterer’s catering business; and
Promotional items at an Event must be for the principal benefit of patrons of the Event.
Caterers may not agree to sell only one manufacturer's products at Events they cater, or to promote a
particular product, because of their association with a particular liquor manufacturer or agent.
Caterers must offer a range of products from a variety of discrete manufacturers for Hosts to select from.
However, at an event, Caterers may limit the product selection available (i.e. feature only one
manufacturer’s product) at the request of the Host.
[Liquor Control and Licensing Regulation, section 50.1]
14.5
Liquor Service and Sales
Caterers may purchase, transport, and sell liquor, and may maintain a liquor inventory in accordance with
the requirements of Section 7 of this Manual.
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
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Liquor Licensing Policy Manual
Liquor must be stored at the Caterer’s Business Location.
See Also:


For Catered Events: 14.8.2 – 14.8.7
For Residential Events: 14.9.1-14.9.2
[Liquor Control and Licensing Act section 44(3)(b), 86; Liquor Control and Licensing Regulation
13.05(1)(b), 35]
14.5.1 Liquor Register
Caterers must maintain a liquor register at their Business Location as required by Section 7.2 of this
Manual.
[Liquor Control and Licensing Regulation section 35(3); Liquor Control and Licensing Branch Policy]
14.5.2 Sources of Liquor
Caterers must purchase their liquor from the Liquor Distribution Branch, as described in section 7.2 of
this Manual.
Hosts that are registered charities may not provide liquor donated by a manufacturer to be served at a
Catered Event.
Patrons at a Catered Event may not bring their own liquor for consumption at a Catered Event.
[Liquor Control and Licensing Act section 38, 38.1, 39; Liquor Control and Licensing Regulation 35(1);
Liquor Control and Licensing Branch Policy]
14.5.3 Pricing
Caterers must comply with the requirements of Section 7.3 of this Manual and specifically must:



make a price list available to patrons at Events;
set the price of liquor prior to an Event and maintain that price throughout the Event. Liquor prices
may be different for different Events, and may be different than the price list in effect for a Caterer’s
food primary or liquor primary establishment; and
avoid sales strategies that would promote intoxication, such as unlimited quantities for a single price,
or price changes during the event specials currently offered.
Caterers may circulate with trays of drinks if they have been pre-ordered by patrons or the Host of the
Event.
[Liquor Control and Licensing Regulation 41; Liquor Control and Licensing Branch Policy]
14.5.4 Types of Liquor Sold
All types of liquor may be sold at Residential Events.
The general manager may limit the type of liquor sold at specific Catered Events. If the type of liquor is
limited at a Catered Event, it will be identified on the Catering Authorization. Factors the general
manager may consider in limiting the types of liquor sold are listed in section 7.1.
[Liquor Control and Licensing Act s.91(2)(a); Liquor Control and Licensing Branch Policy]
14.5.5 Drink Sizes
Caterers must comply with the drink size requirements in Section 7.4 of this Manual.
[Liquor Control and Licensing Act s. 91(1); Liquor Control and Licensing Branch Policy]
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Liquor Licensing Policy Manual
14.5.6
Caterer Must be at Event
Only a Caterer or its employees may sell liquor at an Event, and the Caterer or its employees must be in
attendance at the Event at all times that liquor is being sold or served.
This ensures that the Caterer is complying with its primary purpose of serving food at Events, rather than
acting as a liquor delivery service. It is important the Caterer be present to monitor patron consumption.
[Liquor Control and Licensing Regulation 13.05(1)(l) and (m)]
14.6
Minors
Minors are allowed to work at a catering licensee’s Business Location. Minors may serve food or work as
entertainers at an Event, but may not serve liquor. This is because Catered Events may not be as ‘familyoriented’ as food primary establishments and therefore these measures are taken to protect minors.
Minors may attend Catered Events, except where the Event includes adult entertainment or gaming (other
than ticket raffles). Caterers must ensure they do not serve liquor to minors.
Minors may attend Residential Events, but must not be served liquor.
Caterers must verify a patron’s age as outlined in Section 10 of this Manual.
For full details on minors in licensed establishments and the identification of minors please refer to
section 10 of the Manual.
[Liquor Control and Licensing Act, sections 33(1), 35; Liquor Control and Licensing Regulation sections
13.05(3) and 45(1); Liquor Control and Licensing Branch Policy]
14.7
Catering Authorization Approval Process
14.7.1 When a Catering Authorization is Not Required
To respect personal privacy, Catering Authorizations are not required for Residential Events.
Catering Authorizations are not required for events where the Caterer does not sell or serve liquor
purchased under their licence (e.g. an event that has a Special Occasion Licence, or a food-only event).
[Liquor Control and Licensing Act, section 90]
14.7.2 Request for a Catering Authorization
Before each Catered Event, the Caterer must submit a request for a Catering Authorization, including the
following information:







the Caterer’s name and contact information;
client’s name;
nature of the Event;
date, time and location of the Event;
maximum number of people attending;
whether minors will be attending; and
type of entertainment and food service provided.
This must be submitted to the Branch online via the OneStop Business Registry
(www.bcbusinessregistry.ca).
Caterers must disclose all material facts required by the application, and must not make any false or
misleading statements.
[Liquor Control and Licensing Act, section 89 and 90; Liquor Control and Licensing Regulation sections
13.06(1) and (3); Liquor Control and Licensing Branch Policy]
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Liquor Licensing Policy Manual
14.7.3 Timeframe for Submitting Requests
Certain Events are considered low risk and will be approved immediately; others will require the liquor
inspector’s approval.
A Caterer must request a Catering Authorization for a low risk Event 10 calendar days before the Event.
A Caterer must request a Catering Authorization for all other Events 21 calendar days before the Event.
The Branch may amend a Catering Authorization upon request.
[Liquor Control and Licensing Act, section 89, 90; Liquor Control and Licensing Branch Policy]
14.7.4 Low Risk Events
The following Events will be considered low risk:




family events under 500 people;
corporate events under 500 people;
indoor events (other than community events) under 500 people; and
any event (other than a community event) where the duration of liquor service does not exceed two
hours.
Examples of Events that are likely low-risk:






family celebrations;
corporate functions;
a non-profit club’s dinner and dance;
theatrical performances;
fundraisers; and
gallery openings.
In some circumstances, the Branch may require that all Catered Events from a Caterer require approval by
a liquor inspector. For example, the Caterer, Business Location, or associated establishments may be high
risk, or the Caterer may have a compliance history that warrants this action.
[Liquor Control and Licensing Act, section 90; Liquor Control and Licensing Branch Policy]
14.7.5 Events Requiring Inspector Approval
Events not considered low risk require approval by a liquor inspector.
Examples of Events that will require approval:


community events, such as festivals, rodeos, exhibitions, sports tournaments, and concerts, and
requests for exemptions to the terms and conditions, such as longer hours.
The liquor inspector may also require Caterers to submit a security plan, and may require Caterers to
provide evidence that the police, fire department, or local government support the Event.
The Branch may approve an Event subject to conditions.
[Liquor Control and Licensing Act, sections 89(2), 90, 91; Liquor Control and Licensing Branch Policy]
14.7.6 Security Plan
For Events requiring inspector approval, the liquor inspector may require a security plan to minimize
alcohol-related problems that may arise. Whether a Caterer is required to submit a security plan will
depend on factors such as:



the number of people attending the Event and whether minors are present;
how prominent drinking will be at the Event;
the time of day and length of the Event;
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Liquor Licensing Policy Manual






the type of Event;
target age and type of music that will be featured;
whether the Event is open to the general public;
the venue configuration and how easy it is to monitor guest behaviour;
police capacity to respond to problem situations; and
previous Events and the Caterer’s experience.
The security plan must describe the event in detail, including:



staffing levels (including security if required);
liquor service areas; and
venue capacity.
The security plan must also demonstrate how safety and security risks will be addressed, such as:



service to minors
over-crowding and intoxication, and
the control and safety of patrons, including entering and exiting the venue.
A template for the Security Plan is available on the Branch’s website. Caterers may use this template or
their own format, as long as they provide the same information.
Any designated security staff at an Event must be licensed according the Security Services Act.
[Liquor Control and Licensing Act, sections 89 and 90; Liquor Control and Licensing Branch Policy]
14.7.7 Other Notifications and Approvals
Caterers must also notify police (via fax or email) of all Catered Events.
Caterers must keep copies of local government or First Nation approval on file for all community events,
Events with extended hours, and for all Events held on Tsawwassen First Nation or Nisga’a Nation land.
If a local government or First Nation issued their approval subject to conditions, the Caterer must provide
a copy of the conditions to the liquor inspector.
Local governments or First Nations may opt out of providing approval for community events or events
with extended hours. These Events are still subject to approval by the liquor inspector.
[Liquor Control and Licensing Act, section 91(3); Liquor Control and Licensing Branch Policy]
14.7.8 Authority to Restrict Frequency of Events
The general manager may prohibit or limit the frequency of Catered Events at specific locations.
[Liquor Control and Licensing Act, section 91(4); Liquor Control and Licensing Branch Policy]
14.7.9 Cancelled or Suspended Catering Authorizations
The Branch may cancel a Catering Authorization if:



the Event circumstances which the authorization was based on change and no longer meet the
requirements of the Act or regulation
the Event circumstances which the authorization was based on did not exist at the time the Catering
Authorization was issued or
the Catering Authorization was issued in error.
For example:


the number of people attending the Event or the location of the Event has changed such that the
number of people exceeds the capacity of the venue;
the information provided about the Event was inaccurate (e.g. the Caterer misstated the number of
people attending the Event); or
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
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Liquor Licensing Policy Manual

an authorization was issued that did not comply with policy (e.g. minors will be present at an Event
featuring adult entertainment).
A Caterer must promptly surrender a Catering Authorization to the general manager if it has been
cancelled or suspended under section 22, 23 or 92 of the Act.
[Liquor Control and Licensing Act, section 92; Liquor Control and Licensing Regulation, section
13.05(1)(k)]
14.8
Catered Events
14.8.1 Posting Licence and Authorization
Caterers must post a copy of their licence and the Catering Authorization at the Catered Event, and have
available any local approvals or security plans.
[Liquor Control and Licensing Regulation 37(2) and (3); Liquor Control and Licensing Branch Policy]
14.8.2 Venue
The site of a Catered Event is considered a “licensed establishment”.
Caterers must ensure that all Catered Events comply with local by-laws, health and fire regulations.
Catered events on land within the Agricultural Land Reserve must comply with Agricultural Land
Commission requirements.
A Caterer may cater an Event at a location that is owned or leased by the Caterer (but the Caterer cannot
host the Event unless it complies with Section 14.4.3 of this Manual).
Catered Events may take place in the licensed area of a food primary or liquor primary establishment or a
licensed area of a manufacturer if the licensee or manufacturer de-licenses the area. Catered Events may
take place in the green-lined area of a liquor primary club. See sections 5.2 and 5.3 for information about
de-licensing (temporary suspensions) and alternate use.
[Liquor Control and Licensing Act, section 87(1) and 91(2)(b); Liquor Control and Licensing Regulation
13.06(2)(d); Liquor Control and Licensing Branch Policy]
14.8.2.1 Catered Events Held On-site
Revised
May
2013
A licensee with a Catering Endorsement may cater Events that are outside the licensed area of its licensed
establishment (the area that is red-lined on the floor plans), but on the same property. However, these
Events must generally take place in an unlicensed banquet room or the equivalent, rather than other
unlicensed areas of the establishment. Catered Events may also be held on-site in unlicensed outdoor
areas such as a courtyard, lawn or rose-garden, but may not take place in parking-lots.
A licensee with a Catering Endorsement must ensure that events are primarily catered at locations off-site
to prevent a change in the primary focus of the operation of the establishment.
See also: Section 14.7.8, regarding the general manager’s authority to restrict the frequency of events at a
location;
Section 14.4.3, regarding when a licensee may host an Event.
[Liquor Control and Licensing Branch Policy]
14.8.3 Separation of Catered Event from Adjoining Areas
The site of a Catered Event must be adequately separated from adjacent licensed and unlicensed areas,
and all means of access to the site of the Catered Event must be supervised to the Branch’s satisfaction.
If a Catered Event is held on the same property as a liquor primary or other establishment that does not
permit minors, minors at the Catered Event may not pass through the licensed area of the establishment to
access the washrooms, or for any other purpose. If the Catered Event is held on the same property as an
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
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establishment that allows minors, minors at the catered event must comply with any applicable
restrictions while in the licensed area of that establishment (e.g., must be accompanied by a parent or
guardian).
Outdoor Events must be surrounded by a barrier sufficient to confine the service and consumption of
liquor. This assists the Caterer to control capacity, evaluate patrons when they arrive, and prevent patrons
from removing liquor from the licensed area. The type of perimeter fencing required will vary with the
Event. Stanchions may be sufficient for a small corporate event, whereas a community event would
require more substantial fencing.
[Liquor Control and Licensing Regulation 13.06(2)(a), 38; Liquor Control and Licensing Branch Policy]
14.8.4 Event Capacity
Caterers must ensure that the number of people at the Catered Event complies with the venue’s occupant
load and the maximum attendance (including staff) specified in the Catering Authorization.
[Liquor Control and Licensing Regulation 13.06(2)(e)]
14.8.5 Liquor Service Hours
The General Manager has limited the hours of liquor service at Catered Events as follows:

liquor may be served at indoor Events between 9:00 a.m. and 2:00 a.m.; and at outdoor Events
from 9:00 a.m. to 10:00 p.m. With local government and the Branch’s approval, outdoor Event
hours may be extended until 2:00 a.m.

For New Year’s Eve, liquor service at Catered Events may be extended to 4:00 a.m. provided that
food is available to patrons and local government has given approval.
These limitations are consistent with Special Occasion Licence rules for event hours. Events after 10:00
p.m. outdoors are more likely to cause community disturbances, so the local government should have a
chance to comment on whether it is appropriate, given the location of the Catered Event.
The general manager may consider the factors described in section 5.1.2 when setting the hours for a
Catered Event.
See section 5.1.7 regarding hours of operation on night of a time change.
[Liquor Control and Licensing Act section 91(2)(c); Liquor Control and Licensing Regulation sections
13.06(2)(b); Liquor Control and Licensing Branch Policy]
14.8.6 Food
Caterers must serve food and non-alcoholic beverages at a reasonable price at Catered Events. While food
does not need to be served at all times during a Catered Event, over the course of the Event liquor service
must be secondary to food service. At minimum, appetizers must be served and more food may be
required depending on the length and type of Event.
Serving packaged snacks such as chips, peanuts, and those commonly found in vending machines does
not meet the minimum food requirement.
In most cases, Caterers would not be able to serve at liquor-tasting Events because the focus of the Event
would be on the consumption of liquor rather than on food.
Inspectors may inspect the records of a Caterer and inspect Catered Events to determine whether required
food items and non-alcoholic beverages are available to patrons.
For an explanation on why food is required in licensed establishments please refer to section 9 of the
Manual.
[Liquor Control and Licensing Regulation 13.04(f), 13.06(2)(c); Liquor Control and Licensing Branch
Policy]
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Liquor Licensing Policy Manual
14.8.7 Management and Control of a Catered Event
Caterers are responsible for managing and controlling the behaviour of patrons at Catered Events. They
must ensure that other patrons, their staff and members of the community are not harmed as a result of
liquor misuse or criminal activity at a Catered Event, and they are required to take steps to ensure the
Event does not disturb the surrounding community.
The site of a Catered Event is considered a “licensed establishment” and Caterers must therefore comply
with the relevant portions of Section 8.1 and 8.3.
[Liquor Control and Licensing Act, section 87]
14.8.7.1 Caterer’s Responsibility to Manage Patron Conduct
Caterers must comply with Section 8.1.1 of this Manual. In particular, they must:

ensure guests do not become intoxicated at Catered Events;

refuse service to a person who is intoxicated or apparently under the influence of liquor; and

prevent a person who is intoxicated or undesirable from entering or remaining at a Catered Event.
Patrons may only consume liquor in those areas noted on the Catering Authorization, except as provided
in Section 8.1 of this Manual.
Patrons at a Catered Event may take away an unfinished bottle of wine, provided the Caterer reseals in the
bottle and complies with the requirements of section 8.1.6.
Caterers must remove liquor from patrons within a half hour after the time stated on the catering
authorization for the hours of liquor service. Unlike a bar or restaurant, the Caterer does not control the
venue where the event is taking place. Once the Caterer has removed the liquor and left the Event, the
Caterer has no control over the conduct of the patrons that remain. As a result, Caterers are not required to
prevent patrons from consuming liquor beyond the half hour after the liquor service hours stated in the
Catering Authorization.
See Also: Liquor Service and Sales, 14.5
[Liquor Control and Licensing Act, section 43, and 46; Liquor Control and Licensing Regulation 42(2),
42(4), 44(2.2), 44(3.1)]
14.8.7.2 Catering Authorization Suspension or Cancellation and Closure of Catered Event
Section 22 of the Act allows the general manager to suspend or cancel a Catering Authorization and order
the immediate removal of patrons where there is an imminent threat to people's safety. In this situation,
the Caterer is required to take all reasonable steps to ensure that patrons vacate the premises immediately.
In extraordinary circumstances, the general manager may suspend a Catering Licence or Catering
Authorization or impose terms and conditions for up to 14 days without a hearing. While rarely exercised,
section 23 of the Act provides this power for situations where there are public interest or safety concerns,
for example when there has been violence or extensive criminal activity, there is the risk of retaliatory
gang violence or the possibility of public unrest.
[Liquor Control and Licensing Act, section 22(1.1), 23]
14.8.8
Entertainment
14.8.8.1 Authority to approve, prohibit, restrict or limit entertainment at a Catered Event
The general manager may restrict and limit games and entertainment at a Catered Event. The factors
considered in imposing terms and conditions for entertainment and games are outlined in section 11.1.2.
A municipality, regional district, local government, or First Nation may pass a bylaw restricting or
prohibiting the type of entertainment or games in a licensed establishment. Entertainment must conform
to local bylaws, and not impose noise, nuisance or negatively impact nearby residents and businesses.
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
Page 15
Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 50(3), 91(2)(e); Liquor Control and Licensing Regulation,
13.06(2)(d), 46; Liquor Control and Licensing Branch Policy]
14.8.8.2 Allowable Entertainment at Catered Events
Catered Events may have the following types of entertainment:





games and entertainment described in 11.1.3;
audio, films, video and television, in accordance with 11.5;
a contest or tournament, if it complies with the requirements of section 11.3;
Gaming, in accordance with 11.4. If minors are present, the only forms of gaming permissible are
ticket raffles and BC Lottery products; and
adult entertainment, provided it complies with 11.5, and no minors are present.
[Liquor Control and Licensing Act, section 50(3), 91(2)(e); Liquor Control and Licensing Branch Policy]
14.9
Residential Events
Sections 5, 6, 8.1, 8.3, 9, and 11of this Manual do not apply to Residential Events.
See Also: Liquor Sales and Service, 14.5
14.9.1 Definitions
A Residence is defined in the Act as:


a building or part of it, or a trailer, camper, manufactured home, tent or vessel that is genuinely and
actually occupied and used by the owner, lessee or tenant solely as a:
o private dwelling;
o private guest room in a hotel, motel, auto court, lodging house, boarding house or club; or
o private summer dwelling, or a private dwelling or living place used during vacation periods or
a private lodge; or
a building or part of it designated by the general manager as a private dwelling;
together with the land that is essential or appropriate for the convenient use, occupation and enjoyment of
the private dwelling or private summer dwelling.
A lodging or boarding house includes a “bed and breakfast” establishment.
The common room of a condominium or strata complex is considered part of the residence of a
condominium or strata unit owner or tenant. When the room is booked for a private social function by
residents, no Catering Authorization is required.
If a house and property is being rented out as a business as a venue for Events, it would not, in most
cases, qualify as a residence. A building has to be used solely as a private dwelling, private guest room
or private vacation dwelling to meet the definition of residence. A building that is being used as a venue
for Events or other business purposes is not used solely for private use. However, any bedrooms being
occupied would be treated as a residence.
A private summer dwelling that is used for vacation rentals, but is not typically used for events or
business purposes, would be eligible as a location for a residential event.
A private guest room in a hotel, inn, bed & breakfast or similar business qualifies as a residence, but the
area that is considered residential is limited to the room, it does not include other areas of the building or
the land adjoining it.
"Residential Event" refers to an invitation only Event held at a residence where liquor is sold by a
licensed Caterer, such as a dinner party or wedding.
If an event is occurring at a Residence, and either everyone is welcome to attend, or anyone is allowed to
purchase tickets to attend the event, then the event would not meet the definition of a “Residential Event”.
A flier or other method of bulk mailing is not considered a personal invitation.
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, s. 1; Liquor Control and Licensing Regulation, section 13.01; Liquor
Control and Licensing Branch Policy]
14.9.2 Selling and Serving Liquor
A Caterer may only sell liquor to the Host; they may not sell drinks directly to the patrons at a Residential
Event (i.e. only hosted bars are allowed).
Caterer may serve liquor provided by the Host or the Host’s guests at a Residential Event. This includes
commercially-made and UBrew/UVin product.
All liquor sold by a Caterer to the Host must be consumed at the Residence. At the conclusion of the
Residential Event, all unused liquor purchased under the Caterer’s licence must be returned to the
Business Location, with the exception of unfinished bottles of wine, which may be re-sealed for the Host
to keep or for guests to take home.
Caterers must not promote or encourage intoxication, and must not allow patrons to become intoxicated.
Caterers must refuse service to a person who is intoxicated or apparently under the influence of liquor.
[Liquor Control and Licensing Act, sections 43; Liquor Control and Licensing Regulation, sections
42(6.1) and 44(2.2)]
14.9.3 Hours
There are no established hours for liquor service at Residential Events.
[Liquor Control and Licensing Act, section 84(3)(a.1)]
14.9.4 Inspections
Liquor inspectors do not have authority to enter Residential Events to check for compliance because
Residential Events are not licensed establishments.
[Liquor Control and Licensing Act, section 86, 87, Liquor Control and Licensing Regulation section 1(4)]
14.10 Serving Liquor at Other Events
Caterers may serve liquor at events where the host provides the liquor, such as a Special Occasion
Licence event, or an event at a private location where a Special Occasion Licence is not required. In these
circumstances, the Caterer cannot purchase, transport or sell the liquor; they may only serve it.
Refer to the Special Occasion Licence Policy Manual for terms and conditions applicable to special
occasion licensed events.
SECTION 14 – CATERING LICENCES AND CATERING ENDORSEMENTS
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Liquor Licensing Policy Manual
SECTION 15: Licensee Retail Stores
15.0
Introduction
This section provides an overview of the legislation, regulations, policy and history specific to licensee
retail stores that is not contained elsewhere in the manual.
15.1
Licensee Retail Store (LRS) Licence
Policy Rationale
A licensee retail store (LRS) licence is issued to the owners of stores selling liquor for consumption off
the premises. These stores were previously known as cold beer and wine stores and are now referred to as
private liquor stores or LRS since they were granted permission to sell spirits on April 2, 2002.
The acquisition of new LRS licences has been quite restricted over the years. After a lengthy period in
which there was a moratorium on the acquisition of new LRS licences — between 1988 and 2002 for
neighbourhood and marine pubs, and between 1992 and 2002 for hotels — new applications were briefly
accepted for a period between August 12 and November 29, 2002. A moratorium is once again in place
until July 1, 2022, and no new applications are being accepted for LRS licences. A full history of changes
to the LRS licence model over time is available in an appendix at the end of this section (see s. 15.12).
Operating principles for LRS are described in section 2.
Policies
15.1.1 Moratorium on new licences
No new applications for LRS are being accepted and no new licences will be issued. The moratorium is in
place until July 1, 2022.
[Liquor Control and Licensing Regulations, section 14(2.2)]
15.1.2 Valid interest and management contracts with third parties
For information on management contracts with third parties and maintaining valid interest in an
establishment, please see section 4.5.
[Liquor Control and Licensing Act, sections 16(1)(b) and (c), and sections 17(1) and (2); Liquor Control
and Licensing Regulations, section 4(1)]
15.2
Structural changes and relocations
Please see section 4.4 for general information on licence relocations, including LRS.
Please see section 6.2 for general information on structural change applications, including LRS.
15.2.1 Structural changes
Structural changes are changes to existing construction, and are defined in detail in s. 6.2.1.
Where an LRS proposes to move to an address at the same site and within the existing building (with the
same parcel identifier number) or to a location that is attached to or abutting the existing building, this is
considered a structural change application.
An application by an LRS proposing to move from one unit to another unit with a different parcel
identifier number in the same building structure (e.g. a shopping mall) is considered a relocation and is
subject to policy 15.2.2 (Relocations) below.
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
Some existing LRS are set up for drive-through sales, and while these stores are allowed to continue
operating their drive-throughs, the addition of a drive-through window as part of a structural change is not
permitted.
Structural changes are subject to standalone policy (see section 15.3).
[Liquor Control and Licensing Act, section 6(c), 20(1)(e), and 21(3); Liquor Control and Licensing
Regulations, sections 6(1) through (3) and 7]
15.2.2 Relocations
Relocations are defined in section 4.4 and 4.4.2.
LRS licensees may apply to relocate their store to another location in the same local government
jurisdiction, or to a location outside the local government jurisdiction that is within five kilometres of the
existing LRS.
Revised
February
2013
Applications to relocate an LRS will not be approved by the general manager if the proposed site is within
1 km of an existing LRS or the site of an LRS application in progress. There are only four circumstances
under which the general manager may approve the relocation of an LRS to a location within 1 km of
another LRS. These are:




Where the address of the proposed location is the same legal address as the existing site;
Where the proposed location is not closer to an existing or proposed LRS than the current location;
Where the travelling distance between the proposed location and any existing or other proposed LRS
is 1.0 km or more because of the existence of a natural barrier; or
Where the relocation is necessitated by a fire or natural disaster and the store has been substantially
destroyed as a result.
The general manager has no discretion or authority to make exceptions for LRS that do not meet these
criteria.
Relocation applications are subject to standalone policy (see section 15.3).
[Liquor Control and Licensing Regulations, section 14(3), 14(3.1), 14(5), 14(6) and 14(7)]
15.2.3 Plans approval guidelines
Staff will complete the following in approving plans for an LRS relocation or structural change:




Identify non-public access areas on floor plans;
Blue-line public access areas only;
Review for suitable separation between the LRS and other licensed and unlicensed areas; and
Ensure new location does not include plans for drive-through facilities.
[Liquor Control and Licensing Act, section 6(c); Liquor Control and Licensing Regulations, sections 5,
6(1) through (3)]
15.3
Standalone Policy
17B
Policy Rationale
Since the LRS model was introduced in 1985, in order to operate an LRS the licensee was also required to
be associated with (i.e. own and operate) a qualifying liquor primary (LP) establishment. This
requirement was removed in December, 2009. The requirement to avoid the appearance of association
with another business other than certain types of related businesses (i.e. an LP, a licensed hotel [including
associated food primary {FP}], another LRS) has been in place since 2002, but a further regulatory
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
amendment was implemented to continue and clarify the policy once ownership of LRS was no longer
restricted.
Government does not support LRS in premises located in or associated with any other business or type of
business, except for certain other types of licensed establishments that have been historically permitted to
have an association.
Policies
15.3.1 Permitted associations
LRS associations with an LP, LRS, or licensed hotel (including associated FP) have historically been
permitted and continue to be permitted.
An association between one or more LP, LRS, or licensed hotel (including associated FP) might include
but is not limited to the following:
 A previously linked LP;
 Use of a common name or other visual identifiers;
 Common ownership; or
 A common physical location.
[Liquor Control and Licensing Regulations, sections 14(3) and (3.1) and section 38]
15.3.2
Standalone requirements where an LRS is owned by or is being sold together
with the associated LP, LRS, or licensed hotel (including associated FP)
1. Location and Physical Requirements




LRS locations previously approved by the general manager may continue;
Use of an existing approved common staff door may continue but no new common staff doors will be
approved;
Liquor must be stored on-site; and
Common liquor storage areas with the associated business are permitted providing the licensee
ensures that the liquor purchased under each liquor licence is physically separate, clearly labelled, and
clearly identifiable to any reasonable person. Licensees are encouraged to have a completely separate
liquor storage area for each liquor licence.
2. Naming and Appearance Requirements

The LRS may use a common name and other visual identifiers of the associated business (e.g. logos,
trademarks, signage, colour schemes).
3. Separation of Business Requirements

LRS must not operate as a loss leader in support of any other business.
4. Advertising and Promotional Requirements

Joint advertising and promotions between the LRS and any associated LP, LRS, or licensed hotel
(including associated FP) are permitted. The LRS may:
o Sell trademarked or brand name non-liquor products of the associated business (for a list of
non-liquor items that may be sold in LRS, please see s. 15.6);
o Conduct joint advertising with the associated business;
o Offer discounts by or in an LRS, based on purchases in the associated business;
o Offer gift cards that are associated with or redeemable by the associated business; and
o Operate a customer loyalty program with the associated business.
[Liquor Control and Licensing Regulations, sections 14(3) and (3.1) and section 38]
SECTION 15 – LICENSEE RETAIL STORES
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15.3.3 Prohibited associations
LRS are prohibited from appearing to be associated with any other business that is not an LP, LRS, or
licensed hotel (including associated FP). Standalone policy for LRS not associated with an LP, LRS, or
licensed hotel (including associated FP) is as follows:
U
U
1. Location and Physical Requirements




LRS must be located in:
o A permanent, free standing building that does not contain another business; or
o If in a building in which there are other businesses, the LRS must have a solid, fixed and
immoveable floor-to-ceiling wall between the LRS and any other business.
A separate and dedicated public entrance must be maintained for both the LRS and any shared or
adjoining area with no public entrance to either facility from the other, although they may share a
common public thoroughfare such as a lobby.
Common staff door links with any other business are not permitted; and
Liquor must be stored on-site and common liquor storage areas with any other business are not
permitted.
2. Naming and Appearance Requirements

An LRS may not use a name or other visual identifier (e.g. logos, trademarks, signage, colour
schemes) of another business.
3. Separation of Business Requirements


LRS must maintain and have available upon request separate business and financial records (e.g. bank
accounts, credit accounts) for each liquor licence; and
LRS must not operate as a loss leader in support of any other business.
4. Advertising and Promotional Requirements





Selling trademarked or brand name non-liquor products of another business is prohibited in an LRS,
unless these products are also available for wholesale purchase by other licensees and do not share the
other business‘ name (for a list of non-liquor items that may be sold in LRS, please see s. 15.6).
LRS may advertise the products sold in the LRS, but joint advertising involving an LRS and another
business is prohibited.
Offering discounts by or in an LRS based on purchases in another business is prohibited.
Gift cards may not be associated with or redeemable by another business.
Operating a customer loyalty program in an LRS which recognizes purchases made in another
business is prohibited.
[Liquor Control and Licensing Regulations, sections 14(3) and (3.1), section 38]
15.4
Signs and advertising
The following conditions apply to signage and advertising for LRS:


the words “British Columbia liquor store”, or “government liquor store”, may not be used to avoid
confusion with the names used by the Liquor Distribution Branch
signs and advertisements may not use pictures of minors, personalities, images or activities that may
appeal to minors.
[Liquor Control and Licensing Act, sections 49(3) and 51.1; Liquor Control and Licensing Regulations,
sections 56 and 57]
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
15.5
Conditions for liquor sales
15.5.1 Types of liquor sold
Licensee retail stores are permitted to sell all types of liquor, subject to limitation by the general manager
in the licence.
[Liquor Control and Licensing Act, sections 6(c) and 12(3)(a); Liquor Control and Licensing Regulations,
section 14(1)(a)]
15.5.2 Hours of Sale
Subject to limitation by the general manager, the hours of sale for a licensee retail store are between 9:00
a.m. and 11:00 p.m. The 11:00 p.m. closing time applies to all liquor retailers, including government
liquor stores.
[Liquor Control and Licensing Act, section 12(3)(c); Liquor Control and Licensing Regulations, section
14(1)(b)]
15.5.3 Minors
Minors are only permitted in a licensee retail store when they are accompanied by a parent or guardian
who is shopping. Minors, including the minor children of licensees or their employees, may not be
employed or appear to be employed in an LRS, including any area within or about the premises where
product is stored or sold and any empty container return areas.
[Liquor Control and Licensing Act, section 35; Liquor Control and Licensing Regulations, section
14(1)(c)]
15.5.4 Outdoor Patios
Outdoor patios are not permitted for LRS, which are licensed only for the sale of packaged liquor.
[Liquor Control and Licensing Act, section 12(3)(b)]
15.5.5 Liquor sales and prices
All liquor products registered by the Liquor Distribution Branch may be sold, subject to any restrictions
set out in the terms and conditions of the licence.
Liquor prices in licensee retail stores must be set at or above the Liquor Distribution Branch (LDB)
purchase price of the liquor, must include the provincial sales tax and must be displayed prominently.
LRS operators are permitted to adjust their prices at anytime throughout the business day.
All purchase and sales transactions must be conducted in the licensed establishment. Liquor may not be
taken off the premises for sampling or sale.
[Liquor Control and Licensing Regulations, section 41(3); Liquor Distribution Act, section 8(1)]
15.5.6 Conditions for on-premises liquor consumption
Consumption of liquor within a licensee retail store is prohibited, except for consumer tasting purposes
(see s. 15.9) and product sampling by staff (see s. 15.10).
F
[Liquor Control and Licensing Regulations, section 14(1)(g)]
15.5.7 Training requirements
An LRS licence will not be issued, transferred or renewed unless the “Serving It Right: The Responsible
Beverage Service Program” has been successfully completed by the applicant or licensee to whom the
licence will be issued, transferred or renewed.
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
Anyone engaged, by contract or by employment, to manage a licensed establishment must have
completed the Serving It Right training program before starting their contract or employment.
Anyone hired or contracted as sales staff or any other position which requires the sale of liquor must have
completed the Serving It Right program prior to starting their employment.
Please refer to section 8.4 for details on the Serving It Right program.
[Liquor Control and Licensing Act, section 13; Liquor Control and Licensing Regulations, section 43]
15.5.8 Games and Entertainment
Games and entertainment are not permitted in licensee retail stores.
[Liquor Control and Licensing Regulation, section 14(1)(f)]
15.5.9
Liquor delivery
LRS stores may offer delivery of the liquor products they are authorized to sell to the public, as long as
they are in compliance with the following terms and conditions:







Liquor can only be sold and delivered to individuals 19 years of age or older. When proof of age is
required, customers must show two pieces of identification at the time of delivery. One of those
pieces must be a government issued identification card such as a driver's licence with photo, name
and birth date. The other piece must contain the person's name along with a signature or picture;
Delivery to an intoxicated person or someone under the influence of drugs is prohibited;
Delivery must end no later than one half hour after the LRS closing time;
Only regularly stocked products that are available for purchase by walk in customers may be
delivered;
Delivery charges must include the regular retail price of the liquor plus a separate delivery charge and
customers must be informed of both charges when they place an order;
Delivery must take place from the licensee retail store only; and
Delivery transaction records must be maintained for at least three years. These must include the date,
time and address of each delivery, the products purchased, the prices charged, delivery fees , total
amount paid and the name of the purchaser.
[Liquor Control and Licensing Act, section 38(2); Liquor Control and Licensing Regulation, section 61]
15.6 Sale of non-liquor items
The licensees of licensee retail stores may make food or non-alcoholic beverages available to customers.
If offered, food and items other than liquor sold in licensee retail stores must be limited to:




packaged snacks and sundries
liquor related items, such as glasses, openers and corkscrews,
cigarettes and other tobacco products, and
lottery products licensed by the B.C. Lottery Corporation.
[Liquor Control and Licensing Act, sections 12(3)(e), 14(1)(d) and 50(2)]
15.7
Licensee contests
LRS licensees may host contests on their premises on their own, with a manufacturer or agent or with
some other third party. The following conditions apply:



Liquor or other purchases are not a condition of contest entry
an entry fee is not charged
liquor is not offered or given as a prize
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual




a winner does not need to be present in order to be eligible for any prizes or awards
licensees may include contest entry forms in print ads or may mention where entry forms are
available in any advertising
licensees, their employees, and their immediate family members are not eligible to enter or win a
contest, and
such other conditions as may be in the public interest.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulations, section 46(1), 50.1 and 57; Liquor Control and Licensing Branch Policy]
15.7.1 Liquor manufacturer contests
The following conditions apply to contests held by liquor manufacturers or their agents in LRS:






the manufacturer/agent must follow the Liquor Distribution Branch guidelines outlined in the
Beverage Alcohol Promotions Program for BC Liquor Stores booklet
the manufacturer/agent must conduct the contest, install all promotional items, and remove all
promotional items within 10 days after the contest has ended
the manufacturer/agent must record the name of anyone who wins a prize valued at over $100.00
unless the liquor manufacturer/agent has also received approval from the Liquor Distribution Branch
to offer the same contest in government liquor stores, the contest details must be documented in a
buy-sell agreement described in policy 12.1.4
licensees, manufacturers, their employees, Liquor Distribution Branch, Liquor Control and Licensing
Branch employees, and immediate family members of anyone in these groups are not eligible to enter
or win a contest, and
such other conditions as may be in the public interest.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulations, section 46(1), 50.1 and 57]
15.8
Value-Added Promotions in Licensee Retail Stores
Licensee retail store licensees may accept value-added promotional items from liquor manufacturers and
their agents to offer to their customers. Value-added promotional items not simultaneously being offered
in a government liquor store must be recorded in a buy-sell agreement as per policy 12.1.4.
Value-added promotional items must be of nominal value, not exceeding 20 per cent of the retail price of
the base product and may include:




“on-packs,” where a liquor-related or branded item such as a corkscrew is attached to a bottle or case
of liquor (a small bottle of liquor may be attached only when the promotion is also running in a
government liquor store for the same promotion period)
“in-packs,” where an item other than liquor, such as a T-shirt, is included inside a case of liquor, and
“near-packs," where an item other than liquor, such as a bag of chips, is placed near or alongside a
liquor product and is given away whenever that product is purchased
third-party coupons attached to a liquor product by a neck tag or back label, or placed inside a case,
provided they are not for a rebate or reduction on the purchase price of a liquor product, for a free
liquor product of any kind, or for cash.
The following conditions apply to value-added promotions in licensee retail stores:



LRS licensees may keep leftover items at the end of the promotional period and continue to offer
them to their customers until they are gone; but must not retain items for personal use or future
promotions
promotions must follow the Liquor Distribution Branch guidelines outlined in The Beverage Alcohol
Promotions Program for BC Liquor Stores booklet
both the licensee and manufacturer /agent may advertise promotions
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, sections 45 and 52(5); Liquor Control and Licensing Regulation,
section 50.1]
15.8.1 Redemption of product vouchers
Licensee retail store licensees may enter into an agreement to honour a manufacturer’s product voucher.
The following conditions apply:



product vouchers must not exceed these size limits:
o distilled spirits – smallest available size per product (not exceeding 1.14 litres)
o wine – smallest available size per product (not exceeding two litres)
o Beer/cider/coolers – one dozen smallest available size bottles or cans (total not exceeding four
litres)
The manufacturer/agent must pay the licensee the full retail price for the quantity of liquor specified
on the voucher, and
The licensee is not permitted to charge or receive a redemption fee from the manufacturer/agent.
[Liquor Control and Licensing Act, sections 45 and 52(5); Liquor Control and Licensing Regulation,
section 50.1]
15.9
Consumer taste trials
The following conditions apply to the conduct of consumer taste trials in licensee retail stores:








the taste trial can be offered by the licensee or by a manufacturer/agent
the licensee may charge an attendance fee for the event
the time and length of a taste trial is within the discretion of the licensee and manufacturer/agent, but
all tasting must end thirty minutes before the store’s closing time
only one consumer taste trial may be conducted in a store at any one time
personnel used to serve beverage samples during a consumer taste trial hosted by a licensee may be
store staff or hired servers
personnel used to serve beverage samples during a consumer taste trial hosted by a manufacturer are
provided by the manufacturer and may either be a licensed agent of the manufacturer or a server hired
by the manufacturer/agent who is familiar with the rules governing consumer taste trials
demonstrations of food and wine pairing or other types of food preparation demonstrations are
permitted provided:
o food ingredients or final product are not for sale
o primary function of the establishment remains that of a retail outlet
o licensee complies with rules respecting consumer taste trials when beverage samples are also
served, and
such other conditions as may be considered appropriate by the general manager.
[Liquor Control and Licensing Regulation, section 14(1)(g)]
15.9.1 Maximum sample quantities
Free samples are permitted during consumer taste trials provided they are served in small quantities using
plastic glassware, and provided the maximum quantities allowed to each consumer for each sample at the
consumer taste trial are:
Single Product
Multiple ProductF1
Wine
20 ml
30 ml
Beer/Cider/Cooler
30 ml
45 ml
Spirits
10ml
20ml
1
Quantities for multiple product tasting apply only where more than one product is being presented at any one time by a single supplier. The
quantity for multiple products is a total of all products offered.
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Regulations, section 14(1)(g)]
15.10 Employee tastings
LRS licensees may conduct tastings using product samples to acquaint employees with products to be
offered for sale in the LRS. Employee tastings must be conducted outside the licensed area . For more
information on product samples, please see section 12.5.2.
[Liquor Control and Licensing Act, section 45; Liquor Control and Licensing Regulations, section
14(1)(g) and section 50.1]
15.11 Temporary de-licensing
Temporary de-licensing for alternate use is not permitted in an LRS.
[Liquor Control and Licensing Act, section 6(c) and 12(2)(b); Liquor Control and Licensing Regulations,
section 44(2)]
15.12 Appendix 1: History of the LRS model
The following gives a summary of the LRS licensing model since its inception in 1985. When the LRS
model was introduced, in order to operate an LRS the licensee was also required to own and operate a
qualifying liquor primary (LP) establishment. The model has evolved significantly over time and different
rules may apply to licences that were issued at different times.
1985
Licensee retail stores introduced as an extension of off-sales privileges for hotels and
various types of pubs only.
Product limited to BC beer, wine, cider and coolers.
1988
Stores had to be attached or adjacent to licensed hotels or pubs.
Separate Licence Class – “G” (LRS) and “H” (non-conforming LRS) class introduced and
shortly thereafter restricted to full service hotels only.
1988 – 91
Product selection gradually increased to include foreign product.
1992
Regulations amended to prevent new LRS applications from being accepted.
2002
290 LRS’s existed in the province.
Apr 2002
LRS’s permitted to sell spirits.
Size of LRS’s increased from 1000 to 2000 sq ft upon application.
Could be open on Christmas Day.
June 2002
LRS’s permitted to sell lottery products.
Aug 2002
Moratorium lifted for period from August 12, 2002 to November 29, 2002.
Eligibility limited to existing pub, hotel, and cabaret licensees, or those with complete
applications in place as of August 12, 2002.
LRS must be on or appear to be on same property as liquor primary establishment.
No provision for local govt input but subject to appropriate zoning being in place.
SECTION 15 – LICENSEE RETAIL STORES
Page 9
Liquor Licensing Policy Manual
Aug 2002
LRS’s can sell near packs (gifts with purchase) approved by LDB.
Nov 2002
LRS’s and LP’s can apply to relocate to any place within the province but must move
together.
525 applications received by time moratorium again came into place.
Apr 2003
2000 sq ft size restriction removed.
Regulations amended to confirm that the LRS can only operate if the qualifying liquor
primary establishment is open and operating.
LRS must not appear to be a standalone liquor store nor appear to be associated with
another business in the vicinity.
Physical layout of LRS: you can’t split an LRS licence in two but you can have a
dedicated room for a product line within the LRS.
Nov 2003
LRS’s can apply to relocate their store away from their adjoining liquor primary
establishment (or vice versa), but the regulations continue to stipulate that the LRS and
the qualifying LP must be owned by the same person.
An LRS may now move to any location within the local government or first nations’
jurisdiction provided the distance from the original site is not more than 5 km (as the
crow flies). In either case, the proposed site must be properly zoned for an LRS.
Zoning is required, but there is no provision for local government input.
Relocations of liquor primary establishments is restricted to locations within the same
community, which is a narrower definition than the same local government jurisdiction,
which has implications for LRS’s and LRS applications.
No off-site storage allowed for LRS’s.
LDB increases LRS purchasing discount rate to 12%.
Apr 2004
Policy directive sent to all LRS applicants setting time frames for completing LRS
applications; termination dates set out.
May 2004
LRS Relocation Criteria changed to implement a distance criterion of 0.5 kms between a
proposed site for relocation with another LRS application or existing LRS, unless
otherwise approved by the general manager; policy subsequently incorporated into the
regulations in August 2004.
Solicitor General wrote to liquor industry saying moratorium on any new LRS’s would
remain in place for a minimum of four years to allow industry to stabilize.
Jan 2005
LRS’s allowed to have consumer tastings and test kitchens in their premises.
Apr 2005
LDB increases LRS liquor purchase discount rate to 13%.
Jan 2007
LDB increases LRS liquor purchase discount rate to 16%.
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
June 2007
An LP licence that is suspended or cancelled as a result of a suspension or cancellation of
a municipally, regionally, provincially or federally granted licence, permit or certificate
may result in the general manager taking enforcement action against the licensee. If the
general manager suspends an LP licence the licensee has 30 days to provide evidence of
having acquired the necessary licence, permit or certificate otherwise the LRS licence is
suspended for the same period as the LP. If LP licence is cancelled the associated LRS
will also be cancelled.
LRS applicants are permitted a maximum of two relocation applications without licensing
unless otherwise approved by the general manager.
Nov 2007
General Manager wrote to liquor industry saying moratorium on any new LRS’s would
remain in place for the foreseeable future.
Dec 2009
The requirement that an LRS licensee also own and operated a LP is eliminated. The
status of the LRS is no longer dependent on the status of the associated LP.
Relocation policy for LRS is no longer tied to the location of the LP but is instead based
upon the current location of the LRS. An LRS may relocate to another location within
the same LG or FN jurisdiction or up to 5 km from the site of the existing LRS, but must
continue to be located at least .5 km from another existing or proposed LRS.
Existing associations between an LRS and an associated LP, LRS or licensed hotel
(including associated FP) approved prior to Dec 2 are grandfathered.
Feb 2010
0.5 km separation requirement for relocation of LRS increased to 1.0 km.
Requirement that LRS may not appear to be associated with another business in the near
vicinity expanded to prohibit LRS from appearing to be associated with another business
no matter where they are located, since LRS are no longer required to be physically
linked to an associated LP.
July 2012
LRS Moratorium continued by regulation until at least July 1, 2022.
Jan 2013
The circumstances under which an LRS may be relocated to within 1 km of another LRS
are now specified in regulation.
SECTION 15 – LICENSEE RETAIL STORES
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Liquor Licensing Policy Manual
15.13 Appendix 2: Summary of permitted and prohibited associations
for licensee retail stores upon transfer of ownership,
relocation, or structural change
Location and
Physical Requirements
Naming and
Appearance
Separation of Business
Requirements
Advertising
and
Promotional
Requirements
Use of existing
common staff
door
Common
liquor storage
Use of common
name and other
visual
identifiers
Maintain separate
business and
financial records
Operate
LRS as a
loss leader
Joint advertising
and promotions
with LP or
another LRS
May
continue
where
currently
exists
May
continue
where
currently
exists
Permitted
Not required
Not
permitted
Permitted
N/A
N/A
Permitted
Not required
Not
permitted
Permitted
May
continue
where
currently
exists
Not
permitted
Permitted
Required
Not
permitted
Permitted
N/A
Not
permitted
Permitted
Required
Not
permitted
Permitted
If same owner
Not
permitted
Not
permitted
Permitted
Not required
Not
permitted
Permitted
If different owner
Not
permitted
Not
permitted
Permitted
Required
Not
permitted
Permitted
N/A
N/A
N/A
N/A
N/A
LP and LRS are side by side
May
continue
where
currently
exists
LP and LRS are not side by side
N/A
N/A
N/A
N/A
N/A
N/A
TRANSFER OF OWNERSHIP
If LRS and LP transferred together
(same owner), and
LRS and LP are side by side
LRS and LP are not side by side
If LRS or LP transferred separately
(different owner), and
LRS and LP are side by side
LRS and LP are not side by side
RELOCATION
STRUCTURAL CHANGE
If same owner or different owner, and
SECTION 15 – LICENSEE RETAIL STORES
Page 12
Liquor Licensing Policy Manual
SECTION 16: Wine Stores
16.0
Introduction
This section provides an overview of the history, legislation, regulations, and policy specific to wine
stores that is not contained elsewhere in the manual.
16.1
Wine Store Licence
All wine store licensees were once operated by appointments made under section 18(5) of the Liquor
Distribution Act. Over the years the Liquor Distribution Branch (LDB) approved a series of unique wine
store models, largely to promote the budding BC wine industry. In 2007, a transition began to shift
oversight of all private liquor retailing from the LDB to the Liquor Control and Licensing Branch
(LCLB). In 2013, an important step in this transition was completed by converting the wine store
appointments to licences under the Liquor Control and Licensing Act and regulations. This allows for a
more equitable regulatory oversight of all liquor retail outlets.
There are several different types of wine stores:





Vintners’ Quality Alliance [VQA] stores, which are authorized to sell only BC VQA bottled wine;
Winery-operated stores, which are authorized to sell only wine from their associated winery;
Independent wine stores, which are authorized to sell all types of wine;
Tourist wine stores, which are authorized to sell only 100% BC wine; and
Sacramental wine stores, which are authorized to sell only sacramental wine and may sell that wine
only to ministers of religion and to other bonafide suppliers affiliated with religious organizations
(please see section 7.8 for more information on sacramental wine).
Although all of the 5 types of wine stores are considered the same licence type, their general operating
terms and conditions remain unchanged from the model that previously existed under the LDB
appointment structure.
Like an LRS, these wine stores are authorized to sell only packaged wine for consumption off the
premises. Wine stores are also generally required to be standalone businesses which must not appear to be
associated with any other business, however, when wine store appointments were transitioned to licences
there were several exceptions in place to the standalone requirement (e.g. sacramental wine stores, tourist
wine stores), which were allowed to continue to operate as they were.
On-site stores, located at the same site as the winery, distillery or brewery, are discussed in section
17.20.1.
[Liquor Control and Licensing Act, section 12, Liquor Control and Licensing Regulations, section 14.1]
16.2
Moratorium on new licences
No new applications for wine stores are being accepted and no new licences will be issued.
[Liquor Control and Licensing Regulations, sections 14.1(7)]
16.3
Valid interest and management contracts with third parties
Due to pre-existing arrangements from the time when VQA wine stores were regulated under the Liquor
Distribution Act, VQA wine stores are not required to maintain valid interest in the wine store business or
establishment. This model was developed prior to the transfer of authority for wine stores from the Liquor
Distribution Branch to the Liquor Control and Licensing Branch and has been permitted to continue. In
this case, the BC Wine Institute acts as the licensee and is responsible for the operation of VQA stores,
which are run by third party operators selected by the BC Wine Institute.
SECTION 16 – WINE STORES
Page 1
Liquor Licensing Policy Manual
All other types of wine stores are required to maintain valid interest in the establishment. For more
information on management contracts with third parties and maintaining valid interest in an
establishment, please see section 4.5.
[Liquor Control and Licensing Act, section 16(1)(b) and (c), section 17(1) and (2); Liquor Control and
Licensing Regulations, sections 4(1) and 14.1(6)]
16.4
Structural changes and relocations
Please see section 4.4 for general information on relocations, including wine stores.
Please see section 6.2 for general information on structural change applications, including wine stores.
16.4.1 Structural changes
Structural changes are defined in s. 6.2.1.
Where a wine store proposes to move to an address at the same site and within the existing building (with
the same parcel identifier number) or to a location that is attached to or abutting the existing building, this
is considered a structural change application.
An application by a wine store proposing to move from one unit to another unit with a different parcel
identifier number in the same building structure (e.g. a shopping mall) is considered a relocation and is
subject to policy 16.4.2 Relocations) below.
[Liquor Control and Licensing Act, section 6(c), 20(1)(e) and 21(3), Liquor Control and Licensing
Regulations, section 6(1) through 6(3), and 7]
16.4.2 Relocations
Relocations are defined in section 4.4 and 4.4.2.
A wine store may apply to relocate their store anywhere in the province, subject to local zoning
requirements. Relocation applications are subject to standalone policy (see section 16.5).
[Liquor Control and Licensing Regulations, section 14.1 (2) and 38]
16.4.3 Plans approval guidelines
There are no size restrictions on wine stores. Inside the store, there may be more than one room or level.
A determination of occupant load is not required. Drive-through windows are not permitted.
Staff will complete the following in approving plans for a wine store relocation or structural change:



Review for compliance with separation of business policy (see section 16.5)
Identify non-public access areas (offices, service counters, storage facilities/coolers) on floor plans
and blue line public access areas only (e.g. customer areas, walk in coolers), and
Review to ensure no drive-through window is proposed.
[Liquor Control and Licensing Regulation, sections 5, and 6(1) through (3)]
16.5
Standalone Policy
16.5.1 Permitted business associations
Wine stores are permitted to appear to be associated with a winery and any other wine store owned by the
same legal entity, as long as the appearance of association was in existence prior to February 1, 2013.
SECTION 16 – WINE STORES
Page 2
Liquor Licensing Policy Manual
In addition, wine stores whose location was approved and/or whose store was associated or appeared to
be associated with another business that was approved prior to February 1, 2013 are permitted to continue
the association as long as the business remains in the same location.
Sacramental wine stores are permitted to be associated with and/or located in religious supply stores.
Wine stores must not appear to be associated with any another business unless approved by the general
manager, similar to the requirements for licensee retail stores.
[Liquor Control and Licensing Regulations, section 14.1(2), (3) and (4)]
16.5.2 Standalone requirements for wine stores and approved associated businesses
1. Location and Physical Requirements


Wine store locations approved by the general manager may continue; and
Wine product must be stored on site, with the exception of wine stores associated with a winery, who
may store product at the associated winery providing the licensee ensures that the liquor purchased
under the wine store licence is physically separate, clearly labelled, and clearly identifiable to any
reasonable person. Off-site wine storage is not permitted for any other type of wine store.
2. Naming and Appearance Requirements



Wine stores may use a common name and other visual identifiers (e.g. logos, trademarks, signage,
colour schemes) of the associated winery, or wine store(s) owned by the same legal entity.
Sacramental wine stores may use a common name and other visual identifiers of the associated
religious supply store.
Tourist wine stores and winery-operated stores may use a common name and other visual identifiers
of the associated business.
3. Separation of Business Requirements


Wine stores must maintain and have available upon request separate business and financial records
(e.g. bank accounts, credit accounts) for each liquor licence; and
Wine stores must not operate as a loss leader in support of any other business.
4. Advertising and Promotional Requirements

Joint advertising and promotions between wine stores and associated businesses are permitted. The
wine store may:
o Conduct joint advertising with the associated business;
o Offer discounts by or in a wine store, based on purchases in the associated business;
o Offer gift cards that are associated with or redeemable by the associated business; and
o Operate a customer loyalty program with the associated business.
[Liquor Control and Licensing Regulations, section 14.1(2), (3) and (4)]
16.5.3 Standalone requirements for wine stores not associated with another business
Except for permitted associations outlined in 16.5.2, wine stores may not appear to be associated with any
other business, and the following requirements apply:
1. Location and Physical Requirements

Wine stores must be located in:
o A permanent, free standing building that does not contain another business; or
o If in a building in which there are other businesses, there must be a solid, fixed and
immoveable floor-to-ceiling wall between the wine store and any other business.
SECTION 16 – WINE STORES
Page 3
Liquor Licensing Policy Manual



A separate and dedicated public entrance must be maintained for the wine store, with no public
entrance to any adjoining facility, although a wine store may share a common public thoroughfare
such as a lobby with an adjoining business or facility;
Common staff door links with any other business are not permitted; and
Common liquor storage areas with any other business are not permitted.
2. Naming and Appearance Requirements

A wine store may not use a name or other visual identifier (e.g. logos, trademarks, signage, colour
schemes) of another business.
3. Separation of Business Requirements


Wine stores must maintain and have available upon request separate business and financial records
(e.g. bank accounts, credit accounts) for each liquor licence; and
A wine store must not operate as a loss leader in support of any other business.
4. Advertising and Promotional Requirements





Selling trademarked or brand name non-liquor products of another business is prohibited in a wine
store, unless these products are also available for wholesale purchase by other licensees and do not
share the other business name.
A wine store may advertise the products sold in the wine store, but joint advertising involving a wine
store and another business is prohibited.
Offering discounts by or in a wine store based on purchases in another business is prohibited.
Gift cards may not be associated with or redeemable by another business.
Operating a customer loyalty program in a wine store which recognizes purchases made in another
business is prohibited.
[Liquor Control and Licensing Regulations, section 14.1(2), (3) and (4)]
16.6
Ownership Transfers
For general information on ownership transfers and tied house requirements, please see sections 3 and 4
of this manual.
16.6.1
VQA wine store licences not transferable
BC VQA wine store licences held by the BC Wine Institute are not eligible to transfer the licence(s) to a
new owner.
[Liquor Control and Licensing Act, section 21(1); Liquor Control and Licensing Regulation s. 17(1),
21(1) and (3)]
16.6.2
Winery-operated wine stores
Ownership transfers for winery operated wine stores are prohibited unless the winery and any winery
operated wine store(s) are being sold together to the same legal entity.
[Liquor Control and Licensing Act, section 21(1)]
16.7
Signage and advertising
In signage and advertising for wine stores, the following conditions apply:


The words “B.C.”, “British Columbia” or, “government”, may not be used to avoid confusion with
the names used by the Liquor Distribution Branch; and
Signs and advertisements may not use pictures of minors, personalities, images or activities that may
appeal to minors.
SECTION 16 – WINE STORES
Page 4
Liquor Licensing Policy Manual
Sacramental wine stores are permitted to advertise to members of the clergy or ministers of religion and
are prohibited from advertising to the public.
[Liquor Control and Licensing Act, sections 49(3) and 51.1; Liquor Control and Licensing Regulations,
sections 56 and 57]
16.8
Conditions for wine sales
16.8.1 Types of wine sold
Wines stores are licensed to sell only wine and the sale of any other types of liquor is prohibited. Wine
refers to a range of products, including:






Table wine (red, rose, and white);
Sparkling wine and crackling wine;
Fortified wine, including sherry and port;
Mead;
Rice wine (sake); and
Cider and wine coolers.
The specific types of wine which may be sold under the different types of wine store licence are as
follows:





VQA (Vintners’ Quality Alliance) wine stores may sell only BCVQA certified wine acquired from
BC wineries (the VQA designation refers to wine that is certified under the Wines of Marked Quality
Regulation);
Independent wine stores may sell all types of wine;
Tourist wine stores may sell only 100% BC wine;
Winery-operated wine stores may sell only wine from the winery or wineries they are associated
with; and
Sacramental wine stores may sell only sacramental wine.
[Liquor Control and Licensing Act, sections 6(c) and 12(3)(a), Liquor Control and Licensing
Regulations, section 14.1(1)(a)]
16.8.2 Purchase of wine
Wine stores must purchase wine from the Liquor Distribution Branch or from a licensed BC winery, with
the exception of sacramental wine stores, which may purchase wine from another person designated by
the Liquor Distribution Branch. Winery-operated wine stores may purchase liquor only from the
associated winery.
[Liquor Control and Licensing Act, section 38(3)(a); Liquor Control and Licensing Regulations, sections
35(1) and 14.1(5)]
16.8.3 Wine sales and prices
Liquor prices in wine stores must be set at or above the Liquor Distribution Branch (LDB) purchase price
of the liquor, must include the provincial sales tax and must be displayed prominently. Wine store
operators are permitted to adjust their prices at anytime throughout the business day.
Wine stores may sell wine to the general public, with the exception of sacramental wine stores.
Sacramental wine stores may only sell wine to members of the clergy for their use in sacramental
ceremonies conducted by persons authorized to preside at such ceremonies in a place of worship such as a
church, temple or synagogue. Ceremonies do not include social occasions associated with, or ancillary to,
religious ceremonies whether held on or off church or synagogue premises. Those occasions include, but
are not limited to: wedding receptions; baptisms; confirmations; communions; bar/bat mitzvahs; and
ordinations.
SECTION 16 – WINE STORES
Page 5
Liquor Licensing Policy Manual
All purchase and sales transactions must be conducted in the licensed establishment. Liquor may not be
taken off the premises for sampling or sale.
[Liquor Control and Licensing Regulations, section 41(3), Liquor Distribution Act, section 8(1)]
16.8.4 Games and entertainment
No games or entertainment (including adult entertainment, audio, film, video and television) are permitted
in wine stores.
[Liquor Control and Licensing Regulations, section 14.1(1)(e)]
16.8.5 Hours of Sale
Subject to limitation by the general manager, the hours of sale for a wine store are between 9:00 a.m. and
11:00 p.m.
[Liquor Control and Licensing Regulations section 14.1(1)(b)]
16.8.6 Minors on premises
Minors are permitted in wine stores if they are accompanied by a parent or guardian who is shopping. A
minor may not be employed in any capacity in a wine store. Minors are permitted without a parent or
guardian in sacramental wine stores and tourist wine stores.
For full details on minors in licensed establishments and the identification of minors please refer to s. 10.
[Liquor Control and Licensing Act, section 35; Liquor Control and Licensing Regulations, section
14.1(1)(c) and 14.1(5)]
16.8.7 Outdoor Patios
Outdoor patios are not permitted in wine stores. Wine stores are licensed only for the sale of packaged
wine which is to be consumed off the premises.
[Liquor Control and Licensing Act, section 12(3)(b)]
16.8.8 Wine delivery
Wine stores may offer delivery of the wine products they are authorized to sell to the public, as long as
they are in compliance with the following terms and conditions:







Wine can only be sold and delivered to individuals 19 years of age or older. When proof of age is
required, customers must show two pieces of identification at the time of delivery. One of those
pieces must be a government issued identification card such as a driver's licence with photo, name
and birth date. The other piece must contain the person's name along with a signature or picture;
Delivery to an intoxicated person or someone under the influence of drugs is prohibited;
Delivery must end no later than one half hour after the wine store closing time;
Only regularly stocked wine products that are available for purchase by walk in customers may be
delivered;
Delivery charges must include the regular retail price of the wine plus a separate delivery charge and
customers must be informed of both charges when they place an order;
Delivery must take place from the wine store only; and
Delivery transaction records must be maintained for at least three years. These must include the date,
time and address of each delivery, the products purchased, the prices charged, delivery fees , total
amount paid and the name of the purchaser.
[Liquor Control and Licensing Act, section 38(2)]; Liquor Control and Licensing Regulation, section 61]
SECTION 16 – WINE STORES
Page 6
Liquor Licensing Policy Manual
16.9
Sale of non-wine items
All wine stores may sell non-wine products that have been approved by the Liquor Control and Licensing
Branch. These approved products include:







items specifically identified with storing or serving wine, such as wine racks and cabinets, ice buckets
and chillers, wine glasses and corkscrews;
printed materials such as books and pamphlets concerning wine in general or specific wines that are
sold in the store;
items that identify wine products for sale in the store, such as umbrellas, T-shirts and aprons;
packaged snack food items, and other wine-related food items such as cheese and crackers;
wine-related soft drinks and juices, such as club soda for spritzers;
de-alcoholized wine; and
lottery products licensed by the B.C. Lottery Corporation.
Wine stores may not sell:


confectionary items such as candy, gum, potato chips, etc., or
tobacco products
In addition, tourist wine stores are permitted to sell other tourist-related items, and winery-operated wine
stores, which unlike other wine stores are often located within another store, may sell products related to
the associated business, such as artisanal foodstuffs.
Sacramental wine stores located in religious supply stores may sell other items related to the religion.
[Liquor Control and Licensing Regulations, sections 14.1(1)(d), 12(3)(e) and 50(2);]
16.10 Licensee contests
Wine store licensees may host contests on their premises on their own, with a manufacturer or agent or
with some other third party. For full details, please see section 11.
16.10.1 Liquor manufacturer contests
The following conditions apply to contests held by liquor manufacturers or their agents in wine stores:






the manufacturer/agent must follow the Liquor Distribution Branch guidelines outlined in the
Beverage Alcohol Promotions Program for BC Liquor Stores booklet
the manufacturer/agent must conduct the contest, install all promotional items, and remove all
promotional items within 10 days after the contest has ended
the manufacturer/agent must record the name of anyone who wins a prize valued at over $100.00
unless the liquor manufacturer/agent has also received approval from the Liquor Distribution Branch
to offer the same contest in government liquor stores, the contest details must be documented in a
buy-sell agreement described in policy 12.1.4
licensees, manufacturers, their employees, Liquor Distribution Branch, Liquor Control and Licensing
Branch employees, and immediate family members of anyone in these groups are not eligible to enter
or win a contest, and
such other conditions as may be in the public interest.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulations, section 46(1), 50.1 and 57]
16.11 Value-Added Promotions in wine stores
Wine store licensees may accept value-added promotional items from liquor manufacturers and their
agents for offer to their customers. Value-added promotional items not simultaneously being offered in a
government liquor store must be recorded in a buy-sell agreement as per policy 12.1.4.
SECTION 16 – WINE STORES
Page 7
Liquor Licensing Policy Manual
Value-added promotional items must be of nominal value, not exceeding 20 per cent of the retail price of
the base product and may include:




“on-packs,” where a liquor-related or branded item such as a corkscrew is attached to a bottle or case
of liquor (a small bottle of liquor may be attached only when the promotion is also running in a
government liquor store for the same promotion period)
“in-packs,” where an item other than liquor, such as a T-shirt, is included inside a case of liquor, and
“near-packs," where an item other than liquor, such as a bag of chips, is placed near or alongside a
liquor product and is given away whenever that product is purchased
third-party coupons attached to a liquor product by a neck tag or back label, or placed inside a case,
provided they are not for a rebate or reduction on the purchase price of a liquor product, for a free
liquor product of any kind, or for cash.
The following conditions apply to value-added promotions in wine stores:



wine store licensees may keep leftover items at the end of the promotional period and continue to
offer them to their customers until they are gone; but must not retain items for personal use or future
promotions;
promotions must follow the Liquor Distribution Branch guidelines outlined in The Beverage Alcohol
Promotions Program for BC Liquor Stores booklet; and
both the licensee and manufacturer/agent may advertise promotions
[Liquor Control and Licensing Regulation, section 50.1; Liquor Control and Licensing Branch Policy]
16.11.1 Redemption of product vouchers
Wine store licensees may enter into an agreement to honour a manufacturer’s product voucher. The
following conditions apply:



product vouchers must not exceed the smallest available size per product (not exceeding two litres);
The manufacturer/agent must pay the licensee the full retail price for the quantity of liquor specified
on the voucher; and
The licensee is not permitted to charge or receive a redemption fee from the manufacturer/agent.
[Liquor Control and Licensing Act, sections 45 and 52(5); Liquor Control and Licensing Regulation,
section 50.1; Liquor Control and Licensing Branch Policy]
16.12 On-premises wine consumption
Consumption of wine or any other liquor within a wine store is prohibited, except for consumer tasting
purposes and product sampling by staff.
FF
[Liquor Control and Licensing Regulations, section 14(1)(f).]
16.12.1 Consumer taste trials
Consumer taste trials must be conducted inside the licensed establishment. Wines for tasting purposes
must not be taken off the premises. The following conditions apply:





the taste trial can be offered either by the licensee or by a manufacturer/agent;
the time and duration of a taste trial is at the discretion of the licensee and manufacturer/agent, but all
tasting must end thirty minutes before the store’s closing time;
only one consumer taste trial may be conducted in a store at any one time;
personnel used to serve beverage samples during a consumer taste trial hosted by a licensee may be
either store staff or hired servers;
personnel used to serve beverage samples during a consumer taste trial hosted by a manufacturer are
provided by the manufacturer and may either be a licensed agent of the manufacturer or a server hired
by the manufacturer/agent who is familiar with the rules governing consumer taste trials;
SECTION 16 – WINE STORES
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Liquor Licensing Policy Manual

demonstrations of food and wine pairing or other types of food preparation demonstrations are
permitted provided:
o food ingredients or final product are not for sale (the licensee may charge an attendance fee for
the event);
o primary function of the establishment remains that of a retail outlet; and
o licensee complies with rules respecting consumer taste trials when beverage samples are also
served.
[Liquor Control and Licensing Regulations, section 14(1)(g)]
16.12.2 Employee tastings
Wine store licensees may conduct tastings to acquaint employees with products to be offered for sale in
the wine stores. Employee tastings must be conducted outside the licensed area . For more information on
product samples, please see section 12.5.2.
Wine sample sizes for employee tastings must be consistent with “tasting” and not be misconstrued with
providing wine by the glass.
16.13 Temporary de-licensing
Temporary de-licensing for alternate use is not permitted in a wine store.
[Liquor Control and Licensing Act, section 6(c) and 12(2)(b); Liquor Control and Licensing Regulations,
section 44(2)]
SECTION 16 – WINE STORES
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Liquor Licensing Policy Manual
SECTION 17: Manufacturer Licences
17.0
Introduction
The Liquor Control and Licensing Act stipulates that anyone manufacturing liquor for sale in British
Columbia must have a licence issued by the general manager of the Liquor Control and Licensing Branch.
The government of Canada also requires distilleries, wineries and breweries obtain a federal licence to
manufacture liquor and wineries who fortify their wines with grain alcohol to obtain a user licence. This
section provides an overview of the legislation, regulations, and policy specific to all manufacturers not
contained elsewhere in this manual. There are some minor differences in requirements for breweries,
distilleries and wineries. Any unique policies are identified as such.
Information on general licensing procedures which also apply to manufacturers is contained in section 3
entitled “Licensing Process”.
Information on business ownership and changes to a licence which also apply to manufacturers is
contained in section 4 entitled “Business Ownership and Changes to a Licence”.
Information on structural changes which apply to manufacturers is in section 6.2 and information on
relocations is in section 4.4 of this manual.
17.1
Definition of “Manufacturing”
The “manufacture” of liquor is defined by the regulations as including one or more activities related to the
brewing, distilling, and fermenting of liquor, and includes packaging, blending, and flavouring.
Accordingly, anyone performing one or more of these manufacturing activities must obtain a British
Columbia manufacturer licence. Sale of liquor in British Columbia is prohibited without a licence.
A person producing or manufacturing wine, beer, or cider in a private residence or in a licensed
UBrew/UVin establishment for personal consumption or for consumption at no charge by others does not
require a manufacturer licence. Federal and BC law prohibits the at-home manufacture of spirits.
[Section 55, 57, Liquor Control and Licensing Act, Section 1, Liquor Control and Licensing Regulations]
17.2
Manufacturer Licence
Anyone wanting to produce or manufacture liquor containing more than 1% alcohol by volume for sale is
required to have the appropriate manufacturer licence.
Manufacturer licences are issued to:



Revised
June
2013
wineries for the manufacture of aperitif wine, dessert wine, flavoured wine, fruit wine, mead, Asian
wine, sake, ice wine, table wine, sparkling wine, cider, wine coolers (made by fermenting grapes or
fruit or any other agricultural product) and other similar products. This includes fortified wines (wine
to which spirits are added) such as port, sherry, mantilla, madeira and vermouth;
distilleries for the manufacture of spirits, including whisky, gin, rum, vodka, tequila, cachaca, Asian
spirits, spirit coolers, products such as brandy that are manufactured by distilling wine, armagnac,
cognac, eau de vie, liqueurs and other similar products; and
breweries for the manufacture of malt liquor (beer).
Although some movement of product between licensed manufacturers is permitted, a manufacturer must
have facilities and equipment on the premises to manufacture a sizeable amount of their registered
products at their licensed manufacturing site. It is contrary to the intent of the licence to manufacture only
a token amount on site in order to maintain a retail or on-premise consumption endorsement.
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
The holder of a manufacturer licence may apply for an endorsement which authorizes the sale of the
product to the public from one on-site store located on the manufacturing site or by internet. A licensed
manufacturer may also operate sampling room(s) at the manufacturing site where product samples may be
offered to the public and apply for endorsements to operate a lounge and/or separate areas designated for
special events, picnics and tours (these are discussed in detail later in this section).
[Liquor Control and Licensing Act section 1(2), section 55, 57, 84, Liquor Control and Licensing Branch
Policy]
17.3
Additional conditions for winery licensees only
17.3.1 Annual production requirements for wineries
Once the winery licence has been issued, a licensee must manufacture (including fermentation) at least
4,500 litres of wine each year on site. Total production is reported on Winery Annual renewal form. The
licensee must maintain records of liquor purchases, sale, production, disposal, fruit harvested, purchase of
grapes or fruit and bulk or bottled wine additives. Records must be available for inspection upon request
by the branch.
[Liquor Control and Licensing Act, section 58; Liquor Control and Licensing Regulation, s. 16(4), 17 and
34]
17.3.2 Manufacturing wine for another winery
A winery may produce wine and sell it to another winery and/or may contract to have their wine made at
another winery. In this case the first winery pays the second winery to produce the wine on their behalf
and the winery that ultimately owns the product must register it with the Liquor Distribution Branch and
record all sales to the public and licensees. Although a portion of a winery’s production may be done by
another winery, every winery is still required to produce a minimum of 4,500 litres of wine at their own
winery site.
Wineries are also permitted to provide bottling or other services for another winery. Some LDB
restrictions may apply.
[Liquor Control and Licensing Branch Policy]
17.3.4
Manufacturing wine in association with a person who does not hold a winery
licence
A licensed winery may manufacture wine in association with a person who does not hold a winery
licence, and still be compliant with the Liquor Control and Licensing Act and the Liquor Distribution Act,
if all of the following conditions are met:




The wine is owned by the winery until the winery sells it by the bottle or other packaging to either the
public or to other licensed establishments.
The wine is registered with the LDB by the winery and all sales to the public and licensees are
conducted by the winery.
The wine is stored at the winery site or other off-site location(s) approved by the LCLB and is under
the care and control of the winery or its agent.
Any advertising of the product is conducted by the winery or its agent.
Wine produced in this manner may be labelled with names different from the licensed winery and the
name trademarks can be held by someone other than the winery. However, it is a condition for any
winery engaged in this activity to also include their winery name and location on the wine label in a
manner that clearly identifies them as the manufacturer, e.g. “Produced by Smith’s Winery, Oliver BC.”
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
In regard to marketing the wines, the person who has requested the wine be manufactured may be hired
by the winery as a marketing representative under the winery’s agent licence to help market the product.
[Liquor Control and Licensing Branch Policy]
17.4
Manufacturer site
The manufacturing site is determined by the general manager and would generally include the property
owned or leased (valid interest) by the licensee at the time of the licence application. Zoning must be in
place to allow manufacturing and retail sales (if applied for) on the proposed site. The site may include:



In the case of a manufacturer that has acreage and/or agricultural land, the site may be the contiguous
property(s), and may include multiple buildings. To be contiguous no public roads may run through
the property.
In the case of a manufacturer in a stand-alone building on a property with a small piece of
surrounding land, the site may be the building and possibly the associated land. Licensed areas should
be contiguous (i.e., an endorsement area should not be separated from the manufacturing facility by a
public area, another business or another licensed establishment).
In the case of a manufacturer in a building (or commercial unit) with no property, the site may be the
footprint of the building (or portion thereof) that contains the manufacturing facility and associated
endorsement areas (if applicable). As above, licensed areas should be contiguous.
The site impacts the determination of eligibility for an endorsement area and ensures that the
manufacturing facility and endorsements all appear to be on the same property, associated with each
other, and separate from any other business or licensed establishment.
Any modification or expansions that result in a change to the licensed area must be approved by the
general manager, and are subject to the same considerations regarding site. General criteria for expansion
of a licensed area (such as to increase production capacity, add extra on-site storage or add an
endorsement area) require that:



the area proposed area is owned or leased by the licensee;
the usage for the proposed area is permitted by local zoning;
the area proposed for expansion is abutting the original site.
[Liquor Control and Licensing Regulation, section 18, Liquor Control and Licensing Branch Policy]
17.4.1 Other liquor licences on the manufacturer site
Where a manufacturer is applying for a non-manufacturing licence on the manufacturing site, or the
property immediately adjacent to the manufacturing site, the general manager will consider the site
factors noted above to determine if the non-manufacturing licence should be considered to be on the same
site therefore exempting it from tied house restrictions (see section 3.2.5 for more information regarding
tied houses).
The following separation requirements apply between licensed manufacturing areas and any other type of
licence on site:


Separation must always be fixed and immovable, but full height walls are not required (e.g. pony
walls would be permitted) with the exception of:
o On-site stores must have partial height (minimum 6 ft) walls separating the store from any
other non-manufacturing licence on site.
o LRSs must have full height walls separating the store from any other type of licence (see
section 15 for more information on LRS’s).
Entrances may be shared, except for:
o An LRS must have its own dedicated entrance.
o A food primary cannot be situated such that patrons have to pass through a liquor primary to
access it.
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual



Patron access points are permitted between manufacturer licensed areas and other licences on site,
except for a LRS, (see section 15 for more information on LRS’s).
Kitchen and washroom facilities may be shared.
A bar cannot be shared between a liquor primary or a food primary and a licensed area of the
manufacturing site such as a tasting room or lounge as there are different rules about the products that
can be served. Liquor cannot be carried from one licence to another.
Other site considerations for non-manufacturer licences include:


A picnic area endorsement cannot be adjacent to a licence other than the manufacturer licence as
patrons can only consume liquor from the manufacturer’s licence in the picnic area.
Manufacturer licensed areas, including a tour area, cannot overlap any other non-manufacturer licence
on the site.
[Liquor Control and Licensing Branch Policy]
17.5
Manufacturers located on Agricultural Land Reserve (ALR)
Manufacturers applying for a licence in the Agricultural Land Reserve (ALR) must ensure they meet all
the requirements of the Agricultural Land Commission Act administered by the Provincial Agricultural
Land Commission (ALC). Wineries and cideries located in the ALR may process and store grapes and
wine products; carry out retail sales of such products, provide tours and tastings and have a food and
beverage service lounge (125m2 inside and 125m2 outdoors) under specified conditions. Breweries and
distilleries are not a permitted use in the ALR and require an ALC Act non-farm use application and
approval of the ALC for these activities. Food primary and liquor primary licences are not permitted but
exceptions are made on a case by case basis by non-farm use application to the ALC.
For more information on ALC requirements, please see the ALC website at www.alc.gov.bc.ca.
17.6
Liquor Distribution Branch (LDB) Manufacturer’s Agreement
In accordance with the Liquor Distribution Act, the Liquor Distribution Branch (LDB) is responsible for
the wholesaling and distribution of all beverage alcohol products in the Province of BC. The LDB
authorizes manufacturers to act as agents of the LDB for the purposes of making sales to entities such as
bars, restaurants and private liquor retailers. This authorization, which varies by type of manufacturer, is
documented in a Manufacturers Agreement between the LDB and the manufacturer. A signed
Manufacturer’s Agreement between the manufacturer and the LDB must be in place prior to licensing.
For more information, applicants should contact LDB directly (www.bcliquorstore.ca).
Compliance with the terms of the Manufacturer’s Agreement is a condition of a manufacturer licence
[Liquor Distribution Act, section 5, Liquor Control and Licensing Branch Policy]
17.7
Manufacturer licence application process
To apply for a manufacturer’s licence an applicant must:




Meet all applicant eligibility requirements (see section 3 of this manual for general information on the
licensing process and specific requirements for all licensees).
Have a secure on-site storage facility.
Have a signed Manufacturer’s Agreement with LDB (Liquor Distribution Branch) in place before the
manufacturer’s licence is issued (more information on agreement and LDB requirements at
www.bcliquorstore.ca).
(Winery only) Hold valid interest (lease or own)in on-site fermentation tanks or barrels, filtering
equipment and facilities sufficient to meet the annual minimum production requirements (4,500 litres
per year on site), and have the intent to do so.
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Liquor Licensing Policy Manual
In addition to the requirements above, an applicant for a manufacturer licence must also submit to the
Branch:
1. A business plan, including:
 financial statements outlining production and sales forecasts for a three year period;
 a statement of assets and liabilities; and
 a description of the proposed operation, including manufacturing equipment costs.
2. A detailed site plan of the property, drawn to scale indicating where the proposed manufacturing
facility, secure storage and on-site store (if any) will be located. The site plan should identify
legal property descriptors, public roads, road access and egress, land used to grow products used
in the manufacturing process (such as vineyards, orchards, beehives, etc), parking, and any other
buildings or businesses operating on the property.
3. Two large (11” x 17”) scaled floor plans for the proposed manufacturing facility, including the
on-site store, indoor sampling rooms, fermentation tanks, manufacturing equipment, secure
storage areas, entrances, exits, kettles, filtering equipment, etc.
4. A sketch of proposed exterior signs.
A copy of the manufacturer application, floor plans and business plans are provided to the Liquor
Distribution Branch as part of the Manufacturer’s Agreement process.
Documentation is reviewed by staff and, if all requirements are met, the applicant is granted approval in
principle to begin any necessary construction. Once the applicant is prepared to begin manufacturing, a
final inspection by a liquor inspector is required before the licence is issued.
[Liquor Control and Licensing Act, section 12, 15, 16, 55, 58, Liquor Control and Licensing Regulation,
section 4, 16, Liquor Control and Licensing Branch Policy]
17.8
Plans approval guidelines for manufacturer’s licences
Staff complete the following when assessing and approving plans for manufacturer applications.
On the site plan:





Identify the scale of the site plan, all buildings on the property and the nature of surrounding area and
properties.
Identify the location of agricultural lands (vineyards, hives, etc.) if any, the manufacturing area, onsite store, road access/egress, driveways, public roadways, and the structure and function of any other
buildings or businesses on the manufacturing site.
Review site considerations to ensure that the manufacturing facility and endorsement areas all appear
to be on the same property, associated with each other, and separate from any other business
(including licensed establishments owned by a different licensee).
Ensure separation (i.e. full height walls) between any other business on the site and the manufacturer
facility and endorsement areas (no public connecting doors are permitted).
Review plans for separation between manufacturers. Where there are multiple manufacturing licences
on the same site with the same licensee there is no requirement to erect walls for separation and the
single licensee may share and move equipment between the licensed areas. Where there are different
licensees or businesses on the same site there must be physical separation between them (i.e. full
height walls).
SECTION 17 – MANUFACTURER LICENSES
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On the floor plan:





Identify the location of entrance and exits, manufacturing equipment and secure storage area(s).
Identify the location of the on-site store including location of sales counter/cash register, tasting area,
entrance and exit. A manufacturer is permitted one on-site store for each manufacturing licence.
Identify the location of sampling rooms (or areas) – there are no limits to the number of sampling
rooms but they must be indoors and not on a patio or other outside area. For manufacturers situated
on acreage and/or agricultural land, a sampling room or store may be permitted in a separate building
on the same site.
Ensure the sampling room and the store are located within, or immediately adjacent to, the
manufacturing facility. For manufacturers on an acreage and/or agricultural land, the general manager
may permit a sampling room or store in a separate building on the same site.
In the case of wineries, ensure the presence of fermentation tanks, filtering and other equipment
sufficient to meet the annual production requirements.
If endorsement areas are proposed:




Identify any overlaps of endorsement areas with each other or the sampling area(s).
Identify endorsements that serve a single licence and those that serve multiple licences if there are
multiple manufacturers on the same site with the same licensee.
Identify if the potential exists for the picnic area to become an extension of, or be used by the licensee
as, an alternative to a lounge or patio. In this case, ensure the licensee posts signage stating that the
sale and service of liquor is not permitted within the picnicking area.
Where there are multiple manufacturers on the same site with the same licensee and one manufacturer
currently holds a lounge or special event area endorsement(SEA) and is applying for an overlapping
lounge or SEA for another licence, ensure the proposed area has the same exact location and hours as
the existing endorsement area.
Licensed areas are marked on the floor plans as follows:






Manufacturing Area(s) including sampling rooms—red lined
Store- blue lined
Lounge – red-lined
Special Event Area – purple-lined
Picnicking Area – red-lined
Tour Area – orange-lined
[Liquor Control and Licensing Branch Policy]
17.9
Manufacturer licence expiry and renewal
All manufacturer licences expire annually on March 31. Early each calendar year the Branch sends out
renewal notices to all manufacturers which must be completed and returned with payment prior to the
expiry date.
To renew a manufacturer’s licence an applicant must:


Hold a valid licence from the Canada Revenue Agency (CRA).
(Winery only) Meet the annual minimum production requirements.
[Liquor Control and Licensing Act, section 57]
17.10 Serving it Right requirements for manufacturers
A manufacturer licence that includes a facility with a sampling room or an endorsement for a lounge or
special event area will not be issued, transferred or renewed unless the “Serving It Right: The Responsible
Beverage Service Training Program” has been successfully completed by the applicant or licensee to
whom the licence will be issued, renewed, or transferred.
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
Details of training requirements and exemptions for those who have completed equivalent training in
other jurisdictions are discussed in detail in sections 8.4.
[Liquor Control and Licensing Act, section 13, Liquor Control and Licensing Regulation, s. 43(2)]
17.11 Agent licence permissions
An Agent Licence is issued with the manufacturer licence and permits manufacturers to take orders,
conduct tastings, and promote and market their manufactured products away from the manufacturing site.
All products that are being promoted or marketed must be registered under the manufacturer’s licence
with LDB. There is no fee for an agent licence issued to a manufacturer.
[Liquor Control and Licensing Act, section 52, Liquor Control and Licensing Regulation 50.1(2)(b)]
17.12 Signage
Manufacturer names must reflect the type of licence they hold and cannot be misleading as to the nature
of the business. Signs and advertisements may not use pictures of minors, personalities, images or
activities that are appealing to minors.
Requirements for signage and advertising are in section 13.
17.13 Contract Packaging (Co-Packing)
Under Section 1 of the Liquor Control and Licensing Regulations ‘manufacture’ is defined as including
activities such as bottling, blending, and flavouring of liquor. Accordingly, anyone performing these
manufacturing activities, commonly referred to as contract packaging or ‘co-packing’, on behalf of a
brewery, distillery or winery must obtain a manufacturer’s licence (a sub-category of the distillery
licence). If a brewery, winery or distillery chooses to have their products packaged at a separate location
from their manufacturing site, the separate location must obtain a manufacturer’s licence for their
packaging facility. In a co-packing arrangement the product is always owned by the manufacturer (not the
co-packer) and is immediately returned to the manufacturer once the packaging is complete.
The licence for co-packers authorizes manufacturing activities limited to the packaging, bottling, blending
and flavouring of liquor on behalf of a winery, brewery, or distillery. The licence for co-packers does not
authorize the fermenting, distilling or direct sale of liquor. No sampling room or endorsements are
permitted. The general manager will impose terms and conditions on the co-packer’s licence that are
unique to the co-packaging arrangement in accordance with the requirements of the Act and regulations.
It is the responsibility of both the manufacturer (winery, brewery or distillery) and the co-packer to ensure
that the other party is licensed by the Liquor Control and Licensing Branch. Both the manufacturer and
the co-packer must retain a copy of the other party’s licence and the co-packing contract and agreement as
part of their record keeping requirements.
Co-packers are also required to obtain a federal manufacturer’s licence and should contact the Canada
Revenue Agency (CRA) regional excise duty office for this purpose.
[Liquor Control and Licensing Act, section 56, Liquor Control and Licensing Branch Policy]
17.14 Hours of Operation
For the purposes of the manufacture of liquor, there are no restrictions on the hours of operation.
Hours of operation for an on-site store are between the hours of 9:00 a.m. and 11:00 p.m., or as otherwise
indicated on the face of the licence.
Hours of liquor service for lounges, special event areas, tour and picnic areas are discussed in the
endorsement sections to follow.
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Liquor Licensing Policy Manual
For more information on factors considered in setting the hours of sale, variations of hours specified by a
local government or First Nation, and changes in hours of operation on the night of a time change, please
see section 5.
[Liquor Control and Licensing Act, section 12, Liquor Control and Licensing Branch Policy]
17.15 Storage of liquor by liquor manufacturers
Manufacturers are permitted to store liquor in approved areas on the manufacturing site and in one or
more off-site storage areas provided the location has been approved by the general manager.
17.15.1 Storage at the manufacturing facility
On-site storage areas are identified on the red-line floor plan and approved at the time of application. To
change or add on-site storage locations a structural change application is required. All liquor stored at the
manufacturing site must be adequately secured (i.e. with an alarm system or lock and key).
[Liquor Control and Licensing Act, section 58(3)(b) ), section 73(1)(a) and (b) section 84, Liquor Control
and Licensing Regulation section 16, Liquor Control and Licensing Branch Policy]
17.15.2 Off-site storage
To receive approval for off-site storage locations, manufacturers must apply to the branch for approval of
the location, the quantity (in litres) of liquor to be stored at the site, and the security measures in place at
the storage site.
A list of approved storage sites must be kept with the liquor licence and produced upon request by a
liquor inspector or other enforcement officer designated by the general manager. If an approved off-site
storage is no longer being used the licensee should advise the Branch.
[Liquor Control and Licensing Act, section 58(3)(b), section 73(1)(a) and (b), section 84, Liquor Control
and Licensing Branch Policy]
17.16 Minors in manufacturer premises
Minors are generally permitted at a manufacturing site. Minors are permitted in sampling rooms, lounge
and special event areas, and on-site stores when accompanied by a parent or guardian. Minors are
permitted in picnic and tour areas unless otherwise restricted by the general manager.
Minors may not be employed to manufacture liquor or to serve liquor in any licensed area of the
manufacturing site such as an on-site store, sampling room, or endorsement areas.
Full details on minors’ policy for all types of licensed establishments is provided in section 10 of this
manual.
[Liquor Control and Licensing Act, section 35(a)]
17.17 Sampling
Breweries, wineries and distilleries may offer free samples in a designated sampling room or as part of a
tour. As many manufacturers find it difficult to draw prospective customers to the manufacturing facility,
and because it is easier to test market and promote products to customers at the retail level, manufacturers
may hold taste trials away from the manufacturing location in other licensed establishments or at tasting
events licensed under a Special Occasion Licence (for more information, please see section 12.3 and the
Special Occasion Licence Policy Manual)
[Liquor Control and Licensing Act, section 52(1), Liquor Control and Licensing Regulation section 20
Liquor Control and Licensing Branch Policy]
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
17.17.1 Sampling at the manufacturing facility
Manufacturers may have one or more sampling rooms (or areas) at the manufacturing site. The sampling
room(s) must be in an indoor area of the licensed manufacturing facility, and may be located within an
endorsement area such as an on-site store or lounge. Sampling areas must be indicated on the floor plan
and are approved at the time of licensing. To change or add a sampling area(s), a structural change
application is required.
The amount that may be sold varies depending on the type of product being manufactured. If the licensee
has multiple manufacturer licences at the site, the Branch may permit sampling rooms to overlap,
allowing for the sampling of the product of all licences on the site.
Wineries: In a sampling room (or area), a winery may provide unlimited free samples of their products. If
a winery charges for samples of their liquor products they may provide no more than 150 ml of liquor per
patron, per day.
Breweries: In a sampling room (or area), a brewery may provide unlimited free samples of their products.
If a brewery charges for samples of their liquor products they may provide no more than 375 ml of beer
per patron, per day.
Distilleries: In a sampling room (or area), a distillery may provide unlimited free samples of their
products. If a distillery charges for samples of their liquor products they may provide no more than 45 ml
of spirits per patron, per day.
Manufacturers may also offer samples in the tour area (see section 17.20.5)
[Liquor Control and Licensing Act, section 52(1), Liquor Control and Licensing Regulation section 20,
Liquor Control and Licensing Branch Policy]
17.17.2 Public sampling in other licensed establishments
A licensed manufacturer may provide free product samples in another licensed establishment as a
promotional activity, subject to the trade practices requirements outlined in section 12 of this manual.
[Liquor Control and Licensing Act, sections 45(1) and (2), Liquor Control and Licensing Regulation,
section 50.1]
17.18 Sale of liquor
Manufacturers must sell their products in accordance with their LDB Manufacturer’s Agreement.
Manufacturers may sell their products to the Liquor Distribution Branch and directly to the public (in
person or by internet sales) if they have an approved on-site store endorsement. Wineries, breweries, and
craft distillers (as defined by the Liquor Distribution Branch) are also authorized to sell directly to other
licensees for resale in their establishments.
In the event of overlapping manufacturing licences on the same site and with the same licensee care must
be given to follow the conditions of each licence.
[Section 38(3)(a) and 39 of the Liquor Control and Licensing Act, Liquor Distribution Branch Policy]
17.19 Pricing
For packaged sale of the manufacturer’s products, and for liquor served in a lounge and special event
area, the general pricing provisions of section 7.3 in this manual apply. Lounges, special event areas, tour
endorsements and picnic area endorsements may also offer an all-inclusive package that includes liquor in
the price, as long as the amount of liquor to be provided is specified and not unlimited.
[Liquor Control and Licensing Regulation, section 41(2)(a) and 41(3), Liquor Control and Licensing
Branch Policy]
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17.20 Endorsements
Manufacturer endorsements were designed to foster development of the province’s liquor industry, and to
enable the industry to develop a world-class culinary tourism market. In addition to operating a sampling
room(s), manufacturers can apply for endorsements to operate an on-site store, lounge, special event area,
picnic area, and tour area. The licensing and licence amendment process for endorsement areas is
outlined in section 3 of this manual.
A licensed manufacturer may hire a third party operator to operate an endorsement area (i.e. the lounge,
on-site store or special event area) or the operation of the manufacturing facility itself. For full details on
requirements for third party operators, please see section 3.2.10.
[Liquor Control and Licensing Act, section 17(1) and (2), Liquor Control and Licensing Regulation,
section 18.1(4)]
17.20.1 On-site store endorsement
A manufacturer licence holder or applicant may apply for one on-site store area which authorizes the sale
of liquor to the public from a store located on the manufacturing site or by internet sales. The store is the
area where the licensee may sell their own products that are manufactured under the manufacturing
licence and registered with LDB. Stores can sell by the bottle only. For brewery and distillery stores, sale
for consumption in a picnic area is limited to single serving bottles only.
A single licensee may hold multiple manufacturing licences on the same site (e.g. a winery and distillery).
Where there are multiple manufacturing licences on the same site and each licence is owned by the exact
same legal entity, a separate on-site store is permitted for each manufacturing licence, or a single store
may be shared with no requirement to erect walls for physical separation of the different products.
If there is another business on the site, the on-site store must have full height walls for separation, with no
door allowing patron access between the store and the other business. Where there are different licensees
located on the same site (e.g. different units of a warehouse) separation requirements of full height walls
and separate entrance/exits apply.
[Liquor Control and Licensing Regulation, sections 18.2; Liquor Control and Licensing Branch Policy]
17.20.2 Products that may be sold in the on-site store
Sale of liquor products in an on-site store is limited to liquor products that are manufactured under the
licence, and registered with LDB to the manufacturing licence at that site. Licensees who hold multiple
licences at different sites may not sell the product of one manufacturing licence at the on-site store of
another manufacturer. Licensees who hold multiple licences on the same site (winery and distillery) can
sell the manufactured products of those manufacturers in one on site store. If there is a separate store for
each licence on the same site, each store is limited to the sale of product manufactured under that licence.
Non liquor products may also be sold provided they are directly related to the liquor products being sold.
For example:




items specifically identified with storing or serving liquor, such as bottle openers and drinking
glasses;
printed materials such as books and pamphlets concerning liquor in general or specific liquor products
that are sold in your store;
items that identify liquor products for sale in your store, such as umbrellas, T-shirts and aprons; and,
packaged snacks and liquor-related soft drinks and juices, such as cocktail mixers.
The sale of B.C. lottery products is permitted in manufacturers’ on-site retail stores under the following
conditions:
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual


the licensee has been granted a lottery sales licence by the B.C. Lottery Corporation; and
the licensee sells only lottery products licensed by the B.C. Lottery Corporation.
Tobacco products and confectionary items may not be sold.
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, sections 18.2 and 46; Liquor Control and Licensing Branch Policy]
17.20.3 Lounge endorsement area(s)
This endorsement allows patrons to consume liquor in a designated lounge area on the manufacturing site.
In the case of a winery, patrons may consume wine, cider or wine coolers, sake or mead manufactured
and bottled in BC by the glass or bottle. In the case of a brewery or distillery patrons may consume
products registered to the licensee by the glass (or other single serving). A lounge may include an indoor
lounge area, a standalone outdoor patio area, or both. A lounge may be located in whole or in part in:



an area designated as a sampling room,
an on-site store, and /or
a tour area.
Where there is a patio as well as an interior lounge area, the patio must be located adjacent to the interior
lounge and meet patio policy requirements as per section 6.4 of this manual. The addition of a lounge or
patio must be approved by the Branch and the local government /First Nation and have an occupant load
determined by local officials (see chapter 3 for details on the application process for a lounge and the
requirements for local government/ First Nation input). The applicant or licensee is responsible for
complying with any local bylaws related to the patio.
Patios must be designed to prevent noise disturbances to nearby residents and minimize the occasions
where servers would be required to pass through an unlicensed area. To control patron access and egress,
patios must be suitably bounded (e.g. by fencing, railings, planters, hedges, roped stanchions etc) and
must have appropriate lines of sight for management of the area.
The Agricultural Land Commission (ALC) may restrict the size and capacity of a lounge and/or patio
lounge. Prior to submitting an application, applicants must verify if restrictions exist and provide details
as applicable.
Minors are permitted in lounges when they are:


accompanied by a parent or guardian, or
employed or retained as entertainers to entertain in the establishment
Hours of operation for lounges, subject to limitation by the general manager, are between 9 a.m and 4
a.m. of the next day.
[Liquor Control and Licensing Act, section 35 Regulation, section 18(4)]
17.20.4 Special event area endorsement (SEA)
This endorsement allows for the hosting of special events such as weddings, concerts, private parties or
promotional events open to the public within a designated area. A special event area may be located in
any area on the site, and may be located in whole or in part in:



an area designated as a sampling room; and/or
an on-site store; and/or
a lounge or any other endorsement area (if the SEA overlaps the picnic area service is permitted
within that area during an event only, and the picnic area is considered closed).
This endorsement allows patrons to consume in the case of a winery, wine, cider or wine coolers
manufactured and bottled in BC by the glass or bottle; or, in the case of a brewery or distillery, products
registered to the licensee by the glass or other single serving. It is event driven only and is not intended to
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
be an extension or an alternative to a lounge. The SEA must be approved by the Branch and is subject to
local government/First nation and public input. The interior space of the SEA or bounded patio must
have an occupant load as determined by local officials (see chapter 3 for details on the application process
for a SEA and the requirements for local government/ First Nation input). SEAs must meet patio policy
requirements as per section 6.4 of this manual and be designed and located to prevent noise disturbances
to nearby residents.
Minors are permitted in a SEA when they are:


accompanied by a parent or guardian, or
employed or retained as entertainers to entertain in the establishment
Hours of operation for special event areas, subject to limitation by the general manager, are between
9 a.m. and 4 a.m. of the next day.
[Liquor Control and Licensing Act, section 35 Regulation, section 18(4)]
17.20.5 Tour area endorsement
This endorsement allows patrons to consume the manufacturer’s product samples or purchased product by
the glass (or other single serving) while on an indoor or outdoor tour. An outdoor tour area endorsement
will only be considered if there are manufacturer-related features on the property, such as agricultural
products used for manufacturing. The tour area must be approved by the Branch but there is no
requirement for local government/First nation input. If a winery has a lounge and/or SEA, patrons on a
tour can also consume wine manufactured and bottled in BC; otherwise only the winery’s product may be
consumed. A tour area may overlap any endorsement area or sampling room.
If manufacturers are providing a guided tour for patrons, liquor may be served or sold within the tour area
itself or in a lounge, SEA or sampling room during the tour. If the patrons are on a self guided tour, sale
and service is not permitted. However, liquor may be purchased from the lounge or SEA or provided
from the sampling room to be consumed during the tour.
For manufacturers with no SEA or lounge endorsement, consumption in the tour area is subject to the
same restrictions as a sampling room (see section 17.17.1); there is no limit to free samples, but the
amount that can be sold per person per day is limited depending on the type of manufacturer licence.
Manufacturers can sell the maximum per person per day in the tour area, as well as in the sampling room.
Unless otherwise stated, an indoor tour area may not be in use later than the operating hours of the
manufacturer’s other endorsement areas (lounge, store or SEA when there is an event underway). An
outdoor tour area must not be in use past dusk unless permitted by the general manager.
Unaccompanied minors are permitted in tour areas, but may not be sold or served liquor.
Where there are multiple manufacturers on the same site with the same licensee, and both licenses have
approved tour endorsements, the tour areas may overlap allowing for sampling of products manufactured
under both licenses.
[Liquor Control and Licensing Act, section 12(3)(d), section 33, section 35 Liquor Control and Licensing
Regulation section 9(a), 18.1]
17.20.6 Picnic area endorsement
Licensees may apply to set aside one or more outdoor areas on the manufacturing property as picnic
areas, where patrons can consume products by the glass (or bottle in the case of a winery) that are
purchased from the manufacturer or obtained from the sampling room. The picnic area must be approved
by the Branch but there is no requirement for local government/First nation input. Only large properties,
or properties on agricultural land or in rural areas, would be eligible for consideration for a picnic area
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
endorsement provided there was a suitable area on the site. A manufacturer with no property or limited
property would not be eligible. A picnic area endorsement cannot be situated on an area zoned for patio
use, or on municipally-owned land such as a sidewalk.
For a picnic area at a winery, liquor consumption is restricted to the wine produced at the winery unless
patrons are purchasing other BC wine from the lounge or the SEA (if an event is taking place). For a
brewery or distillery, liquor consumption is restricted to the products of the manufacturer.
The following applies to the endorsement for a picnic area:










It may be a single area or multiple areas provided the combined area does not exceed 1000 square
metres.
There must be sufficient line of sight from a licensed interior to effectively manage the area,
otherwise additional measures such as surveillance cameras, staff monitoring, or concave mirrors may
be required.
The picnic area is a consumption area only. No sale or service is permitted. Patrons must carry their
own purchases or samples to the picnic area.
The picnic area must have a clearly defined boundary (i.e., fencing, trees, planters, stanchions,
barrels, bushes/natural flora).
Picnic areas can be located on grass, gravel, paving, patio stones, or wooden decking that is located
on ground level
Ceilings, walls, awnings, and heaters are not permitted as picnic areas must be open to the elements
(the picnic area can be abutting a licensed manufacturing facility). Umbrellas are permitted for sun
protection.
Hours are 9 AM to dusk unless otherwise restricted by the general manager.
Unaccompanied minors are permitted in the picnic area.
Location and management of this area must minimize the potential for any disturbances to nearby
residents.
Signage is required that identifies the picnic area and states that the sale and service of liquor is not
permitted.
Note: Pre 2005, some approved picnic area endorsements were restricted in hours of operation and terms
and conditions by local government. Since 2005, local government consideration and public input is no
longer required for picnic areas.
[Liquor Control and Licensing Act, section 12(3)(d), section 33, section 35 Liquor Control and Licensing
Regulation section 9(a), 18.1(5)]
17.20.7 Conditions for liquor consumption in overlapping endorsement areas
As the endorsement areas each may have different terms and conditions, there are specific conditions
under which they may or may not overlap. Where a lounge, tour area, or special event area overlap an onsite store and sampling area or counter, the provision of complimentary samples, the sale of packaged
liquor and the sale of liquor by the glass may all occur within that overlapping area.
Liquor obtained from a lounge, special event area, sampling room or on-site store may be carried and
consumed by a patron within a licensed tour area. A patron may consume liquor inside a licensed picnic
area provided the liquor was obtained from one of the other endorsement areas or sampling area and
carried to the picnic area by the patron. For both picnic and tour areas located at a winery, liquor is
restricted to wine registered to the winery unless the winery also has an approved lounge or special event
area.
A picnic area cannot overlap a lounge, including a patio lounge. A tour may overlap a picnic area
provided there is no sale or service in the picnic area. A special event area may overlap a picnic area
during special events. In this case the picnic area is closed to the public.
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
Where approved, licensees with multiple manufacturer licences (such as a winery and a distillery) at the
same site can have overlapping endorsement areas where both licences products may be served (such as a
winery lounge overlapping a distillery lounge). Manufacturer endorsement areas may not overlap another
type of licence on the same site (liquor primary, food primary, etc).
The responsibilities of the licensee relating to the control of liquor consumption in a manufacturer lounge,
special event area, picnic area, sampling room, or tour area are otherwise the same as those that apply
generally to liquor primary licensed establishments.
[Liquor Control and Licensing Regulations, section 18(2); Liquor Control and Licensing Branch Policy]
17.20.8 Temporary de-licensing of endorsement areas
Upon application by a licensee, the Branch may temporarily suspend the licence of a manufacturer’s
endorsement area for the purpose of holding a public or private Special Occasion Licence (SOL) event. If
the event is taking place in the manufacturing facility, and not in an endorsement area, the licence does
not need to be suspended. Prior to holding the event, the host (either the licensee or another eligible
party) must apply for and obtain a special occasion licence to be in effect for the duration of the event.
The following terms and conditions apply to these special events:





The special event is temporary and only occasional (A manufacturer licensee may apply for a
maximum of 4-6 temporary licence changes per year. An individual or organization may not exceed 2
SOLs a month or 24 a year unless a SOL exemption has been granted.)
The licence will be suspended from one hour before the start of the special event through until the end
of liquor service hours for that business day (which stretches over to the next calendar day if regular
hours of service end after midnight). Once the special event is over and the establishment is closed for
the night it must remain closed until at least 6:00 a.m.
If the establishment has more than one endorsement area, the licence may be suspended for a
specified area of the establishment provided there are physical barriers to prevent patrons and liquor
moving between the two areas.
The liquor for the endorsement area(s) must be secure and inaccessible to any patrons in the
establishment consuming liquor under a special occasion licensed event.
All liquor served at the event must be purchased separately from the LDB or the manufacturer under
the SOL.
De-licensing is also required for an event where a licensed caterer is providing the liquor.
Please see section 5.2 for changes of hours of sale for staff parties and extension of hours on New Year’s
Eve.
[Liquor Control and Licensing Act, sections 6, 12(3); Liquor Control and Licensing Branch Policy]
17.20.9 Entertainment in endorsement areas
General conditions for entertainment and games are described in section 11 of this manual. Lounges,
special event areas, picnic areas and tour areas may have the following types of entertainment:





games and entertainment described in 11.1.3;
audio, films, video and television, in accordance with 11.2;
a contest or tournament, if it complies with the requirements of section 11.3;
gaming, in accordance with 11.4 and 11.7. If minors are present, the only forms of gaming
permissible are ticket raffles and BC Lottery products; and
adult entertainment is not permitted.
A manufacturer may also allow a non–profit community organization to run gaming (gambling) activities
in its special event, lounge or picnic endorsement areas, if the organization has a licence from the Gaming
Policy and Enforcement Branch (GPEB).
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, sections 12(3)(e) and 50(2); Liquor Control and Licensing
Regulation, section 46; Liquor Control and Licensing Branch Policy]
17.20.10 Food service in lounges and special event areas
Unless exempted by the general manager, lounge and special event areas must make, at a minimum, a
reasonable variety of hot or cold snacks and non-alcoholic beverages available to patrons at reasonable
prices. Food service in the range generally offered by a restaurant is not expected, however packaged
snacks such as chips, peanuts, and those commonly found in vending machines do not meet the minimum
food requirement for lounges and special event areas.
[Liquor Control and Licensing Act, section 73(1), Liquor Control and Licensing Regulations, sections
18(6) and 34, Liquor Control and Licensing Branch Policy]
17.20.11 Food preparation facilities in lounges and special event areas
In the course of inspecting the licensed premises of lounges and special event areas, inspectors may
inspect the records and licensed premises and consider whether the establishment has food preparation
facilities sufficient to dispense the food items required by regulation.
[Liquor Control and Licensing Act, section 73(1), Liquor Control and Licensing Regulations, sections
18(6) and 34, Liquor Control and Licensing Branch Policy]
17.20.12 Exemption from requirements to serve food and non-alcoholic beverages in tour
and picnic areas
Manufacturers with a tour or picnic area endorsement are not required to provide food or non-alcoholic
beverages in these endorsement areas as they are not liquor service areas.
[Liquor Control and Licensing Act, section 12(3)(f), Liquor Control and Licensing Regulation section
18(6)]
17.21 Manufacturer tied house requirements
A tied house is a licensed establishment (bar, restaurant, licensee retail store, etc.) that has an association,
financial or otherwise, with a liquor manufacturer or its agent that is likely to lead to its products being
favoured. The tied house relationship is considered as part of the licensing process (see section 3.2.5 of
this manual).
17.22 Manufacturer trade practices requirements
For detailed information on permitted and prohibited relationships between licensees and manufacturers
please see section 12.
17.23 Manufacturer contests and tournaments
Manufacturers may promote their products on or off the manufacturing site by hosting contests with a
licensee or agent. Conditions that apply to contests held by liquor manufacturers in licensed
establishments are outlined in section 11.3.2.
Manufacturers may also sponsor tournaments (distinguished from contests by the requirement for a
certain degree of physical exertion and/or skill) for a licensee in their establishment or hold a tournament
in a licensed area on the manufacturing site. Conditions for tournaments on and off site are outlined in
section 11.3.3. Rules governing sponsorships and licensee relationships with manufacturers are described
in section 12.
17.24 Manufacturer inspection requirements
All manufacturer’s premises must at all reasonable times be open to inspection by either the liquor
inspector or police. The liquor inspector or police officer has authority to examine the books of a
manufacturer to verify records.
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 12, 57]
SECTION 17 – MANUFACTURER LICENSES
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Liquor Licensing Policy Manual
SECTION 18: UBrew/UVin
18.0
Introduction
This section provides an overview of the legislation, regulations, and policies specific to UBrews and
UVins.
A UBrew/UVin licence enables UBrew/UVin companies to provide supplies, facilities, and/or services to
people making their own wine, beer, cider or coolers.
UBrew and UVin licensees, their staff, and their customers are not manufacturers or vendors of liquor.
Instead, licensees supply ingredients and/or assist customers through the fermentation or brewing process,
and the end product is for the customer’s own private use.
18.1
Definitions and Interpretation
18.1.1 Definitions
"bottle" includes a can, keg, cask or other container or package into which beer, wine or cider is placed
after it is removed from a carboy;
"carboy" means a container used for the aging or storage of beer, wine or cider;
"customer" means a person who pays a fee to produce or manufacture beer, wine or cider in a U-Brew or
U-Vin;
"licensee" means a person holding a licence under section 12.1 of the Act to operate a U-Brew or U-Vin.
18.1.2 Interpretation
The only sections of this manual that apply to UBrew/UVins are sections 1 – 4, 6.1, 10 and 18.
18.2
Application Process and Changes to a Licence
18.2.1 Eligibility
Applicants must meet the relevant eligibility requirements outlined in Section 3.2 of this Manual in order
for a UBrew/UVin Licence to be issued, renewed or transferred.
Applicants will be required to have valid interest in their business and in their establishment (see Sections
3.2.4 and 4.5 of this Manual).
All licensees must undergo a background check and meet residency requirements prior to licensing
(Sections 3.2.2 and 3.2.3 of this Manual).
Applicants must not hold, or be associated with someone holding, a liquor manufacturer licence, agents
licence, or liquor primary, liquor primary club, food primary, licensee retail store, wine store, or catering
licence. See section 18.5 for details and exceptions.
Licensees and their employees are not required to have Serving it Right certification.
[Liquor Control and Licensing Act, section 13, 16(1), 16(3), 16(5), 18(1.1)-(1.3); Liquor Control and
Licensing Regulation section 4, 38(1) and (2), 43]
18.2.2 Licence Application
Applicants for a UBrew/UVin Licence are required to follow the licensing process set out in Section 3 of
this manual, except:


Applicants will not require local government comment prior to issuance;
No person capacity is set for the establishment; and
SECTION 18 – UBrew/UVin
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Liquor Licensing Policy Manual

Applicants will not be required to submit a floor plan as part of the application.
[Liquor Control and Licensing Act, section 15(1); Liquor Control and Licensing Regulation, section 6(5);
Liquor Control and Licensing Branch Policy]
18.2.3 Renewals
Licensees are required to renew their licence each year by March 31st.
[Liquor Control and Licensing Act, section 12.1(6); Liquor Control and Licensing Branch Policy]
18.2.4 Changes to a Licence or to Business Ownership
Licensees are required to comply with the requirements of Section 4 of this Manual.
Licensees do not need to request approval for structural changes to their establishment.
[Liquor Control and Licensing Regulation, section 7(2)]
18.2.5 Relocation of UBrew/UVin Establishment
Licensees must not change the location of their establishment without the written consent of the general
manager.1
The general manager may give written consent to the relocation if:



the applicant has demonstrated a valid interest in the proposed location;
the applicant retains a valid interest in the current establishment until the application receives
approval; and
any other relevant factors are satisfactorily addressed.
No local government comment is necessary for a relocation of a UBrew/UVin.
Applicants will be subject to a final inspection.
[Liquor Control and Licensing Act, section 21(3)]
18.2.6 Licence Not Needed to Sell Kits
A UBrew/UVin licence is not required for a business that sells kits, juices or other ingredients for
customers to make beer or wine at home. A licence is only required when production is done outside of
the home.
[Liquor Control and Licensing Act, section 55(2)(a)]
18.2.7 Federal Requirements
Licensees must be registered with the federal government. Licensees making wort need a Federal licence
to operate as a Brewery (for the Manufacture of Wort). Licensees should contact the Canada Revenue
Agency2 for information about registration and licensing well before applying to the Branch for a
UBrew/UVin licence.
UBrews are also regulated by the Excise Act (Canada). See also Circular ED 212-103.
UVins are also regulated by the Excise Act, 2001 (Canada). See also Excise Duty Memorandum 4.1.34.
[Excise Act (Canada); Excise Act, 2001 (Canada)]
For the purposes of this section, ‘relocation’ means a relocation to a new address, as defined in section 4.4.2.
http://www.ccra-adrc.gc.ca/
3
http://www.cra-arc.gc.ca/E/pub/ed/ed212-10/ed212-10-e.pdf
4
http://www.cra-arc.gc.ca/E/pub/em/edm4-1-3/edm4-1-3-e.pdf
1
2
SECTION 18 – UBrew/UVin
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Liquor Licensing Policy Manual
18.3
Business Requirements
18.3.1 Posting Licence
Licensees must post their original liquor licence certificate in a prominent location in the licensed area of
the establishment. The licence must be immediately available for review by liquor inspectors and police,
if required, as detailed in Section 6.1 of this Manual. Licensees are not required to have a floor plan
available for inspection.
[Liquor Control and Licensing Regulation 37(1)]
18.3.2 Record Keeping
All licensees must keep a number of records, including records related to:






Product sales records;
Purchase and disposal records;
Sales records, invoices and purchase receipts;
leases and management contracts;
employee records; and
any court orders or judgements.
In addition, licensees must maintain records of:




all ingredients purchased for use in the production of beer, wine, cider and wine coolers in the
establishment. These records must indicate the source and volume of the ingredients;
all sales, invoices and customer declaration forms;
the type and volume of beer, wine, cider and wine coolers produced in the facility by the licensee and
the licensee’s employees
records detailing the disposition of any beer, wine or cider that is spoiled, spilled, unclaimed or
returned to the licensee.
Licensees must keep all records for at least three years, and make them available upon request to branch
staff or a person designated by the branch.
[Liquor Control and Licensing Regulation section 31, 34; Liquor Control and Licensing Branch Policy]
18.3.3 Semi-Annual Report
Licensees must provide a record of the volume of beer, wine, cider and wine coolers produced in the
facility in the two preceding 6-month periods to the branch when they renew their licence each year.
[Liquor Control and Licensing Regulation, section 31(3)]
18.3.4 Hours of Sale
Subject to limitation by the General Manager, UBrew/UVins may be open to the public between the hours
of 9:00 am and 11:00 pm.
[Liquor Control and Licensing Regulation, section 33]
18.3.5 Consumption / Tasting
A licensee may allow a customer to taste up to 2 samples of the customer’s product before completion of
bottling to ensure taste acceptability. Each sample must not exceed 100 ml (200ml is the maximum
sample per batch, regardless of the number of persons making the batch).
Otherwise, a licensee must not allow the consumption of beer, wine or cider at the establishment.
Licensees may not provide samples of finished product to the public. (see also section 18.4.2.)
SECTION 18 – UBrew/UVin
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Liquor Licensing Policy Manual
Licensees must not permit sampling parties in their establishment, where kit manufacturers or customers
provide finished product to the public.
[Excise Act (Canada)5; Liquor Control and Licensing Regulation section 26, 32(3); Liquor Control and
Licensing Branch Policy]
18.3.6 Sales Prohibited
The purpose of a UBrew/UVin is to operate as a facility where customers make product for their own
consumption.
Licensees must ensure that beer, wine or cider is not kept for sale, offered for sale, produced for sale or
sold at the U-Brew or U-Vin.
[Excise Act (Canada), section 172; Excise Act, 2001 (Canada), section 63, Liquor Control and Licensing
Regulation section 29]
18.3.7 Entertainment and Contests
Entertainment and games are not permitted at a UBrew/UVin.
A licensee may hold contests, provided:






purchasing products or services is not a condition of contest entry;
an entry fee is not charged;
the prize does not consist of both product and service (liquor cannot be given as a prize);
a winner does not need to be present in order to be eligible for any prizes or awards;
licensees, their employees, and their immediate family members are not eligible to enter or win a
contest; and
the licensee must comply with any additional conditions imposed by the general manager in the
public interest.
[Liquor Control and Licensing Act, section 50(2); Liquor Control and Licensing Regulation, section 46;
Liquor Control and Licensing Branch Policy]
18.4
Advertising
18.4.1 What a Licensee May Advertise
Licensees may only advertise:





the name, location, and contact information of their store;
that their establishment is licensed to provide goods, facilities or services for the production or
manufacturing of beer, wine or cider by customers;
their hours of operation;
the products, facilities and services available, and their prices. This includes kits, juices, ingredients
and assistance in making the product; and
the availability of specific types of ingredients for the production or manufacturing of beer, wine or
cider at the U-Brew or U-Vin.
Advertisements must clearly state that the prices advertised represent the cost of producing or
manufacturing the beer, wine or cider at the establishment and do not refer to the price of the finished
product.
Ads may show people making liquor in the establishment, include pictures of the facility, and ads may
indicate – for example:
5
See Circular ED 212-10 http://www.cra-arc.gc.ca/E/pub/ed/ed212-10/ed212-10-e.pdf
SECTION 18 – UBrew/UVin
Page 4
Liquor Licensing Policy Manual



“make your own wine – special this week: kit only $120.00”
“wine kits on sale: 20% off” or
“make 50 litres of beer for $120 bucks.”
[Liquor Control and Licensing Act, section 12.1(4)(d); Liquor Control and Licensing Regulation, section
32; Liquor Control and Licensing Branch Policy]
18.4.2 What a Licensee May Not Advertise
Ads may not:





mention or imply the availability of liquor (finished product) for sale;
show people drinking, or appearing to drink, liquor;
provide the price of the finished product, either per batch or per bottle and imply that the customer
has no role in making the product – for example:
o “beer at one-half the liquor store price”
o “wine $3.00 per bottle”
o “12 dozen beer for $110”
o “50 litres of beer for $100”;
offer price discounts, such as “second batch at half price” or “make two batches, get the third one
free,” or volume discounts for making more than one batch at a time;
market products and services in a way that would promote the illegal use of the products by your
customers. For example, ads may not promote the consumption of wine or beer produced at a
UBrew/UVin at an event, such as a wedding, held in a public place (because it is illegal to serve
liquor in a public place without a special occasion licence), or inside a licensed establishment
(because all licensed establishments must buy their liquor from the Liquor Distribution Branch).
Licensees must not provide any person with a sample of beer, wine or cider that is, or may be available to
be, produced or manufactured at the U-Brew or U-Vin.
[Liquor Control and Licensing Act, section 12.1(4)(d); Liquor Control and Licensing Regulation, section
32, Liquor Control and Licensing Branch Policy]
18.4.3. Methods of Advertising
Licensees may advertise through any medium unless otherwise restricted by the general manager, bylaws
of a municipality or regional district or laws of Canada.
[Liquor Control and Licensing Act, section 49(3); Liquor Control and Licensing Regulation, sections 56;
Liquor Control and Licensing Branch Policy]
18.4.4 Promotions
Licensees may choose the prices for products and may place products on sale and advertise the sale,
including the price, provided the licensee conforms to the restrictions described in section 18.4.2.
Licensees may offer, using newsletters or similar forms of communication with known customers:




discount programs for frequent users (“make five batches, get one free,” for example)
“company money” that can be reimbursed against future purchases
volume discounts to individuals or groups who make more than one batch at a time
contests where you award either free product or free services (the prize may not consist of both
product and service, as this would constitute giving liquor as a prize), provided there is no contest
entry fee.
Bulk mailings describing these promotions or advertising them in the media are not permitted.
[Liquor Control and Licensing Act, section 12.1(4)(d); Liquor Control and Licensing Branch Policy]
SECTION 18 – UBrew/UVin
Page 5
Liquor Licensing Policy Manual
18.4.5 Customer Appreciation Events
Licensees may hold a customer appreciation event where liquor is served, provided:





A private Special Occasion Licence is obtained from a government liquor store
It must be an invitation only private event
The liquor served must be at no charge to those attending
No UVin/UBrew products can be sampled during the event
Wines or beers provided to those attending are purchased from a Liquor Distribution Branch (LDB)
government liquor store
The event may be held at the UBrew/UVin, provided the following additional requirements are met:


The licensee must apply to the Branch to temporarily suspend their licence for the event
Customers may not manufacture product while the licence is temporarily suspended
For further information on Special Occasion Licensing, please refer to the Special Occasion Licence
Policy Manual.
For further information on temporary suspensions, please refer to section 5.2.
[Liquor Control and Licensing Branch Policy]
18.4.6 Requirements for Signs
Signs are considered advertising and must comply with the requirements of sections 18.4.1 and 18.4.2 and
with local government bylaws.
Signs may display:




The name of the store.
The liquor licence category.
A person making liquor in the UBrew / UVin.
The products and services offered.
UBrew/UVin establishments must post the “UBrew/UVin Notice to Customer” sign available on LCLB’s
website.
[Liquor Control and Licensing Act, section 49(3); Liquor Control and Licensing Regulation, section 32;
Liquor Control and Licensing Branch Policy]
18.4.7 Sponsorship of Events
A licensed establishment may sponsor an event, activity, or organization using their corporate name or the
name of the licensed establishment. The sponsored event or activity must be held offsite.
Sponsoring events aimed at minors is prohibited.
Joint sponsorship with a manufacturer is permitted if:


The activity is time-limited and not part of an on-going relationship with the manufacturer; and
The manufacturer or agent has notified the Liquor Control and Licensing Branch, in writing, at least
14 days before any sponsored activity takes place.
[Liquor Control and Licensing Act, section 54; Liquor Control and Licensing Regulation, section 60;
Liquor Control and Licensing Branch Policy]
18.5. Relationships with Liquor Manufacturers and Agents
Applicants or UBrew/UVin licensees must not:

hold a liquor manufacturer licence, agent licence or licence issued under section 12 of the Act (e.g.
food primary, liquor primary, licensee retail store), or
SECTION 18 – UBrew/UVin
Page 6
Liquor Licensing Policy Manual

be associated with, connect with, or financially interested in, a person holding a liquor manufacturer
licence, agents licence or licence issued under section 12 of the Act.
An exception applies to persons that held both licences on April 1, 2000, if the association, connection or
financial interest has not since that date, in the general manager’s opinion, expanded in scope or degree.
[Liquor Control and Licensing Act, section 18 (1.1) – (1.3)]
18.6
Minors
Minors are allowed in the retail part of a UBrew/UVin unless the licensees chooses to set a house policy
that prohibits the entry of minors into the establishment.
A licensee may employ minors in their establishment provided they are under the licensee or an adult
employee’s direct and continual supervision. They must not be left alone in charge of the establishment.
Except for minors who are employees, minors are not permitted in the areas of the establishment where
liquor is manufactured or stored unless accompanied by a parent or guardian.
Minors may not manufacture liquor or assist a parent or guardian in the production process.
For full details on minors in licensed establishments and the identification of minors please refer to
section 10 of the Manual.
[Liquor Control and Licensing Act, sections 33(1), 35; Liquor Control and Licensing Regulation, section
30; Liquor Control and Licensing Branch Policy]
18.7
Production Requirements
18.7.1 Types of Liquor That May be Offered
A licensee may permit customers to produce beer, wine, cider and wine coolers.
The maximum alcohol content for beer is 11.9%.
The maximum alcohol content for wine6 is 22.9%. The maximum amount of wine that may be produced
at one time is 500 litres.7
The production of spirits is prohibited.
Licensees may not offer kits for customers to make spirits at home, since the production of spirits for
personal use without a licence is prohibited by federal law.8
[Excise Act (Canada), section 4; Excise Act, 2001 (Canada), sections 2, 60, 61, 70(2)(g); Liquor Control
and Licensing Act, section 55; Liquor Control and Licensing Branch Policy]
18.7.2 Assistance
The purpose of a UBrew/UVin is to operate as a facility where customers make product for their own
consumption. Therefore, it is important for customers to actively participate in the process. There are
specific steps that a customer is required to perform – adding ingredients (section 18.7.7), cleaning bottles
(section 18.7.8), bottling product (section 18.7.13) and removing product (section 18.7.14).
Customers may be assisted during the production process by anyone who is not associated with the
operation of the U-Brew or U-Vin.
6
Cider and wine coolers are included in the definition of wine under the Excise Act, 2001 (Canada).
500 Litres in bulk form. This does not included any amounts of packaged wine.
8
A person is prohibited from possessing a still or other equipment suitable for the production of spirits, unless they
have a licence. It is not prohibited to possess a still that is to be used for other purposes, such as the purification of
water.
7
SECTION 18 – UBrew/UVin
Page 7
Liquor Licensing Policy Manual
Licensees may assist customers who are physically incapable of safely performing a task alone.
Licensees may oversee the fermentation, filtration, racking and aging of the product and get it ready for
bottling. Customers do not have to be involved in these steps, although they may be.
Licensees and their staff may also assist customers by:








holding the fermentation vessel while the customer pours in the ingredients;
transferring the wort to the fermentation vessel;
demonstrating the bottling mechanism and process by filling one bottle for the customer;
demonstrating the corking/capping mechanism and process by corking/capping one bottle for the
customer;
demonstrating the labelling and shrink-topping procedures by labelling and shrink-topping one bottle
for the customer;
handing empty bottles to the customer while he or she fills the bottles;
placing the filled bottles in cases;
carrying the bottled product to the customer’s vehicle.
[Liquor Control and Licensing Act, section 12.1(4)(a); Liquor Control and Licensing Regulation section
23(2); Liquor Control and Licensing Branch Policy]
18.7.3
Group Batches
If a group of people want to produce liquor together, the group may either split a single batch or more
than one person may make several batches.
In either case, all of the customers who will take ownership of the product must:



visit the store and be involved in all the “first visit” steps of the production process
have their names stated on the invoice, and
sign a declaration.
Without these steps, the customer or customers making the product would be in the position of illegally
selling finished liquor.
At least one member of the group must return to bottle the product. After bottling, the members of the
group may divide the product among themselves while on-site.
Groups may not enter into a co-operative or club arrangement whereby members bottle and take away
product that was started by other members of the cooperative or club.
A Licensee may not invite customers to participate in a group batch organized by its establishment.
[Liquor Control and Licensing Act, section 12.1(4)(a); Liquor Control and Licensing Policy]
18.7.4 Licensee or Employee Production
Licensees and their staff may make beer, wine, cider or coolers on-site for their own consumption,
provided:






the licensee prepares an invoice (even if there is no charge) and keeps a record of the production;
The product is labelled as belonging to the licensee or employee. The carboy tags must be visually
different (a different colour, for example) from those of regular customers;
The product is made during the normal licensing hours of 9:00 am to 11:00 pm (the licensee or
employee may, however, make their product within these hours even if the store is not open to the
public);
the product is not consumed on-site (beyond the tasting limits outlined in section 18.3.5);
once bottled, the licensee or employee removes the product from the premises; and
The product is not used for any purpose within the establishment.
SECTION 18 – UBrew/UVin
Page 8
Liquor Licensing Policy Manual
[Liquor Control and Licensing Act, section 12.1(4)(c) and (e); Liquor Control and Licensing Regulation,
section 24; Liquor Control and Licensing Branch Policy]
18.7.5 Payment and Invoice
Prior to allowing a customer to begin production, licensees must ensure that the customer:


pays for the ingredients to make the beer, wine or cider, or
if the customer brings their own products, pays for the manufacturing facilities or services to be
provided.
If the customer purchases the ingredients, the licensee may invoice the customer for services provided at a
later date.
After payment is received, the licensee must provide the customer an invoice that contains the following
information:




the customer’s name and telephone number;
the type and quantity of beer, wine, cider or coolers to be made;
the date and the amount of payment received from the customer; and
the name, address and telephone number of the UBrew/UVin.
[Liquor Control and Licensing Regulation section 22(1)(a)]
18.7.6 Acknowledgement
Prior to allowing a customer to begin production, licensees must ensure that the customer signs an
acknowledgement that they are making the beer, wine or cider for their own consumption, or for
consumption by other people, if their consumption is at no charge.
The acknowledgement must:



be part of the invoice, or attached to the invoice;
have a typeface that is clearly legible, and be of at least 11 point font; and
be signed by the customer.
The licensee must retain the acknowledgement for audit purposes (see section 18.3.2). Sample wording
for the acknowledgement is provided in the Terms and Conditions Guide.
[Liquor Control and Licensing Regulation section 22(1)(b); Liquor Control and Licensing Branch Policy]
18.7.7 Adding Ingredients
The licensee must ensure that the customer combines or mixes ingredients with any of the following:





Beer wort;
Fruit;
Wine or cider juice;
Concentrate;
Fermentable liquids.
The licensee must ensure that the customer adds the enzymes or yeast, if required for the fermentation
process.
The degree of customer involvement will vary depending on the type of product being manufactured and
the form it takes. For example:


Beer/Wine/Cider kits: The customer must pour the juice/concentrate into the fermentation vessel
and add water (if required), yeast and any other necessary ingredients to the fermentation vessel.
Juice barrels: The customer must add the yeast and any other necessary ingredients to the barrel.
SECTION 18 – UBrew/UVin
Page 9
Liquor Licensing Policy Manual



Beer in kettles: The customer must add the necessary ingredients (hops and malt extract) to the water
in the kettle, let it cook and add yeast.
Pre-made wort under Federal Wort Licence: The customer must add yeast to the wort (which is
prepared by the licensee).
Commercially available pre-packaged wort kits: Same as for beer/wine/cider kits.
[Liquor Control and Licensing Regulation, section 23(1)(a) and (b); Liquor Control and Licensing
Branch Policy]
18.7.8 Cleaning Bottles
The licensee must ensure that the customer:


Removes or defaces commercial labels from bottles; and
Washes or sterilizes the bottles in preparation for bottling.
The customer may clean the bottles off site. Defacing must include, at a minimum, putting a clearly
visible and permanent dark felt pen marking across the label.
There are no restrictions on the size, sale or rental of bottles / containers. Customers may bring their own
bottles/ containers or buy/rent their own bottles.
[Liquor Control and Licensing Regulation section 23(1)(c); Liquor Control and Licensing Branch Policy]
18.7.9
Storage
Licensees must store all unbottled product on-site. A licensee may not remove it from the establishment
for any purpose before it is bottled. The federal Excise Act does not allow licensees to operate a
secondary storage site.
Licensees must attach a carboy tag or label to every carboy, fermentation vessel and barrel that clearly
states:



The customer’s full name;
The date the enzymes or yeast were added, or the date that the product was started; and
The customer’s invoice number.
The licensee may include the racking dates or other information on the carboy tag or label.
[Excise Act, 2001, Canada, section 70(2)(f); Liquor Control and Licensing Act, section 12.1(4)(e); Liquor
Control and Licensing Regulation 25; Liquor Control and Licensing Branch Policy]
18.7.10 Barrel Aging
Licensees may offer a barrel-aging service, where more than one customer’s product is placed in a barrel
for aging after fermentation.
When the licensee empties the barrel, the licensee must pour the product back into carboys, and the
customers must then return to the facility and complete all of the remaining steps such as bottling.
The licensee must affix to the barrel the carboy tags of every customer whose product is stored in that
barrel.
[Liquor Control and Licensing Act, section 12.1(4)(e); Liquor Control and Licensing Regulation, section
25; Liquor Control and Licensing Branch Policy]
18.7.11 Topping Up
Some wine may be lost during the racking process. Licensees may top up a customer’s product with a
non-alcoholic substance, such as water.
SECTION 18 – UBrew/UVin
Page 10
Liquor Licensing Policy Manual
A licensee may permit customers to bring their own wine to top up their own product. Customers may
use commercially produced wine or their own product. The customer may not leave the wine for the
licensee to add at a later point.
Licensees may not add wine to a customer’s carboy. This practice is not required to produce wine, and
doing so would put the licensee in the position of being an unlicensed manufacturer.
[Liquor Control and Licensing Act, section 12.1(4)(a) and (e); Liquor Control and Licensing Branch
Policy]
18.7.12 Fortifying Port and Sherry
A customer may purchase distilled alcohol (brandy or vodka, for example) from a liquor store and add it
to port and sherry being made at a UBrew/UVin immediately prior to bottling.
Licensees may not provide the distilled alcohol, and the customer may not leave it on-site for the licensee
or staff to add to the product.
[Liquor Control and Licensing Act, section 12.1(4)(a) and (e); Liquor Control and Licensing Branch
Policy]
18.7.13 Bottling Product
Licensees must ensure that the customer:



bottles their product,
affixes labels or other decorative items to bottles, if any, and
corks, caps or shrink wraps the bottles.
[Liquor Control and Licensing Regulation, section 23(1)(d) and (e), 27; Liquor Control and Licensing
Branch Policy]
18.7.14 Removal of Finished Product
Licensees must ensure that the customer removes the bottled product from the UBrew/UVin immediately
after bottling.
Licensees must not allow customers to store bottled product – for any reason – at the UBrew/UVin.
Licensees must not deliver a customer’s product.
[Excise Act; Excise Act, 2001, section 89; Liquor Control and Licensing Regulation, section 23(f), 28]
18.7.15 Trading Racks and Product Exchange
Licensees must not store bottled product on-site. Licensees must also ensure that product is not kept for
sale, offered for sale, produced for sale, or sold at the UBrew/UVin. The definition of ‘sale’ includes
exchanging and bartering. Customers may give away their product, as long as they do not receive
anything in exchange.
Because of these requirements, “Trading racks” – where a customer leaves some of his or her product in
the licensed establishment after bottling and takes another customer’s product left behind in exchange –
are not permitted.
Similarly, licensees may not organise, post, or permit to be posted in their establishment any notices or
lists that encourage product trading among customers or which provide an opportunity for customers to
place their names and telephone numbers on a trading list.
Licensees are permitted to display a sign-up board or similar device where customers interested in
manufacturing a particular product can contact other interested persons to start and share a batch.
[Liquor Control and Licensing Act, section 1(1) and 38(1);Liquor Control and Licensing Regulation,
section 29; Liquor Control and Licensing Branch Policy]
SECTION 18 – UBrew/UVin
Page 11
Liquor Licensing Policy Manual
18.7.16 Unclaimed Product
If a customer does not return to the UBrew/UVin to bottle and remove the product he or she has made, the
licensee must make a reasonable attempt to contact the customer. If, after a reasonable interval, the
licensee still cannot reach the customer, the licensee may destroy the product.
The licensee may not remove the product from the UBrew/UVin, may not bottle or consume the product,
and may not sell or offer the product for sale.
The licensee must keep a record of the disposition of any product that is unclaimed.
[Liquor Control and Licensing Regulation, section 25(2), 26, 27, 29, 31(1)(d); Liquor Control and
Licensing Branch Policy]
18.7.17 Customer Returns
If a customer returns product that is not satisfactory, the licensee may provide the customer with the
opportunity to make a free or discounted batch of product, provided:



the customer signs a new declaration and repeats all of the required production steps;
the licensee prepares an invoice (even if there is no charge) and keeps a record of the production; and
the licensee or the licensee’s staff destroy the unsatisfactory product.
A licensee may not, under any circumstances, provide a customer with finished product that the customer
did not produce to replace a batch that the customer returned.
The licensee must keep a record of the disposition of any product that is returned.
[Liquor Control and Licensing Regulation, section 31(1)(d), Liquor Control and Licensing Branch Policy]
SECTION 18 – UBrew/UVin
Page 12
Liquor Licensing Policy Manual
Policies
by Applicable Licence Category
Note: This section has not been updated with the February 2013 changes.
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C


W
FP
LRS
3
LICENSING PROCESS
3.1
Stage 1: Application for a New Licence
3.1.1.
Assessment of primary operating purpose in a liquor primary licence
application
3.1.2.
Assessment of primary operating purpose in a food primary licence
application
3.1.3.
Complete application





3.1.4.
Incomplete application





3.1.5.
Criminal record search requirements





3.1.6.
90-Day Retention Period for Incomplete Applications





3.1.7.
False information in an application





3.1.8.
Written acknowledgment of complete application





3.1.9.
Written acknowledgment of name and sign approval





3.2
Stage 2: Applicant Eligibility Assessment
3.2.1.
Criteria for applicant eligibility





3.2.2.
Consideration of applicant suitability





3.2.3.
Consideration of residency and age requirements





3.2.4.
Consideration of business ownership and valid property interest





3.2.5.
Consideration of tied house circumstances





3.2.6.
Hearing of the Liquor Licensing Committee





3.2.7.
Adjudications of Fit and Proper Issues Hearings





3.2.8.
Written notification of decision





3.2.9.
Managing the establishment for the licensee: Resident Manager





3.2.10.
Operating the establishment for the licensee: Third party operator




3.3
Stage 3: Site and Community Assessment
3.3.1.
Site and community assessment of a liquor primary licence, winery
lounge or special event area endorsement application
3.3.2.
Notice to a local government or First Nation of an application for a
liquor primary licence
LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary







LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 1
Liquor Licensing Policy Manual
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C
W















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







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

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

3.3.15. Form and manner of public notice of the application



3.3.16. Public response radius when giving public notice of the application



3.3.17. Hearing of the Liquor Licensing Committee









3.3.3.
Notice to a local government or First Nation of an application for a
winery lounge or special event area endorsement
3.3.4.
Notice to a local government or First Nation of a subsequent
application for a liquor primary licence
3.3.5.
Determination of when notice of an application has been received by a
local government or First Nation
3.3.6.
Requests for time extensions from local governments or First Nations
3.3.7.
Recommendations on terms and conditions from local governments or
First Nations
3.3.8.
Consideration of whether local governments or First Nation took into
account all of the criteria
3.3.9.
Consideration of local government or First Nation comments and
recommendations relating to an application for a liquor primary
licence
3.3.10. Circumstances under which the local government or First Nation may
be asked for an amended resolution
3.3.11. Circumstances under which the general manager will gather the views
of residents by referendum
3.3.12. Nature of a referendum held to gather the views of residents
3.3.13. Circumstances under which the general manager will gather the views
of residents by receiving written comments in response to a public
notice of the application
3.3.14. Consideration of resolutions where a local government or First Nation
fails to comment on all of the criteria required by the regulation
3.3.18. Written notification of decision following Site and Community
Assessment
3.3.19. Extension of approval period
FP
LRS
3.4
Stage 4: Building Assessment and Issue of a Licence
3.4.1.
Consideration of local government and First Nation approvals





3.4.2.
Plan requirements for separate licensed areas





3.4.3.
Review of plans for compliance with statutory and policy
requirements





3.4.4.
Marking on plans where liquor may be served and consumed




3.4.5.
Review of plans for approval before building construction




LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS = Licensee Retail Store
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CATEGORIES
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LP
C
W
FP
LRS
3.4.6.
Setting person capacity during the original licence application




3.4.7.
Bylaw limiting person capacity




3.4.8.
Notification of decision





3.4.9
Extension of approval period



3.4.10. Inspection of premises





3.4.11. Review of licence terms and conditions





3.4.12. Final administrative requirements





3.4.13. Licence notification








3.5
Licence Amendments
3.5.1.
Notice to a local government or First Nation of an application to
amend a liquor primary licence or winery licence endorsement
3.5.2.
Notice to a local government or First Nation of an application to
permanently amend a food primary licence
3.5.3.
Notice to a local government or First Nation of an application to
temporarily amend a licence
3.5.4.
Determination of when notice of an application has been received by
a local government or First Nation
3.5.5.
Requests for time extensions from local governments or First Nations
3.5.6.
Recommendations on terms and conditions from local governments or
First Nations
3.5.7.
Consideration of whether local government or First Nation took into
account all of the criteria
3.5.8.
Consideration of local government or First Nation comments and
recommendations relating to an application to amend a licence
3.5.9.
Circumstances under which the local government or First Nation may
be asked for an amended resolution
















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
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











3.5.11. Form and manner of public notice of the application




3.5.12. Public response radius when giving public notice of the application




3.5.13. Written notification of decision about amendment application




3.5.10. Circumstances under which the general manager will gather the views
of residents on an application to permanently amend a licence
3.6
Re-Application
3.6.1.
Refusal to grant a licence effective for two-years


3.6.2.
Exception to two-year waiting period


LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS = Licensee Retail Store
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CATEGORIES
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LP
C
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
W
FP
LRS
3.6.3.
Effect of exception to two-year waiting period
3.7
Licence Renewals
3.7.1.
Personal suitability factors affecting licence renewal





3.7.2.
Site and community factors affecting licence renewal





3.7.3.
Applications for licence renewal received on or before the expiry date





3.7.4.
Applications for licence renewal received within thirty days after
expiry date





3.7.5.
Applications for licence renewal received more than thirty days after
expiry date





4.
BUSINESS OWNERSHIP AND CHANGES TO A
LICENCE
4.1
Change Approval Authority
4.1.1.
Authority to approve applications for changes to licences





4.1.2.
Applications for an exercise of discretion





4.1.3.
Statute barred change applications





4.1.4.
Change applications in which enforcement action is in progress





4.1.5.
Factors in determining the relevancy of a licensee’s compliance
history in a change application





4.1.6.
Time span of compliance record relating to a change request





4.2
Legal Name/Internal Ownership Changes
4.2.1.
Advice of licensee name change





4.2.2.
Individual name change




4.2.3.
Corporation name change




4.2.4.
Notice of internal amalgamation




4.2.5.
Internal share transfer




4.2.6.
Change in the officers of a club
4.2.7.
Renewal of Licence upon notice of death




4.2.8.
Issue of amended licence upon notice of bankruptcy or receivership




4.3
Change in Ownership or Sale of a Licensed
Establishment
4.3.1.
Definitions applicable to a change in ownership or sale of a licensed
establishment




4.3.2.
Licence not transferable without general manager’s consent



LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary



LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
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CATEGORIES
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LP
C
W
FP
LRS
4.3.3.
Corporate transfers of licence or shares




4.3.4.
Applicant eligibility




4.3.5.
Addition or deletion of partners




4.3.6.
Addition or deletion of shareholders




4.3.7.
Licence and external share transfers involving licensees of another
licensed establishment




4.3.8.
Club licences not transferable
4.3.9
Temporary permission to use a licence pending a transfer
4.4
Relocation of a Licensed Establishment
4.4.1.
Licence for a re-locating establishment not transferable without
general manager’s consent
4.4.2.










Definition of relocation





4.4.3.
Relocation to a new address





4.4.4.
Relocation at the same address





4.4.5.
Relocation of a licensee retail store
4.4.6.
Relocation of a liquor primary establishment
4.5
Valid Interest in an Establishment
4.5.1.
Establishment ownership or leasehold





4.5.2.
Disputes regarding the validity of a lease





4.5.3.
Documents in the name of the licensee





4.5.4.
Proof of valid interest in property during licensing process





4.5.5.
Management contracts with third parties




4.6
Dormant Liquor Primary Licences
4.6.1.
Definition of dormant licence and application of policy
4.6.2.
Compliance with the Act, regulations, and terms and conditions of the
licence
4.6.3.
Reporting and monitoring dormant licences
5
HOURS OF OPERATION
5.1
Hours of Sale
5.1.1.
General conditions in setting the Hours of Sale



LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary










LRS = Licensee Retail Store
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CATEGORIES
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LP
C
W
FP
LRS










5.1.2.
Factors considered in the public interest in setting the Hours of Sale
5.1.3.
Application of licence amendment policy in temporary or permanent
changes to opening or closing hours
5.1.4.
Temporary and Permanent changes to opening or closing hours





5.1.5.
Expiration of approval for temporary change in hours of sale





5.1.6.
Variation of hours in areas specified by a local government or First
Nation





5.1.7.
Hours of operation on the night of a time change




5.2
Special Events
5.2.1.
Extension of hours on New Year’s Eve




5.2.2.
Conditions for staff parties




5.2.3.
Temporary suspension of a licence for staff party




5.2.4.
Temporary suspension of a food primary licence for a special event
5.2.5.
Temporary suspension of a liquor primary licence for a special event
5.3
Alternate Use
5.3.1.
Definition and general requirements for alternate use of licensed
establishments
5.3.2.
Alternate use of liquor primary licensed establishments outside
licensed hours
5.3.3.
Alternate use of liquor primary licensed establishments during
licensed hours
6
PREMISES
6.1
Posting of Licence and Access to Approved Plans
6.1.1.
Availability of liquor licence and approved floor plans for inspection
6.2
Structural Alterations
6.2.1.
Definition of structural alteration or enlargement
6.2.2.
Setting person capacity for a structural alteration or change in size of
the licensed area
6.2.3.

















Approval of structural alteration or enlargement





6.2.4.
Written decision





6.3
Capacity
6.3.1.
General considerations in setting person capacity




6.3.2.
Factors considered in the public interest in setting person capacity




LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary







LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 6
Liquor Licensing Policy Manual
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C
W
FP








6.3.3.
Application of licence amendment policy in temporary or permanent
changes to capacity
6.3.4.
Temporary and permanent changes to person capacity
6.4
Outdoor Patios
6.4.1.
General considerations in outdoor patio applications




6.4.2.
Specific considerations in outdoor patio applications




6.4.3.
Application of licence amendment policy to outdoor patio applications




6.5
Adjoining Licensed and Unlicensed Areas
6.5.1.
General considerations in granting approval for shared or adjoining
facilities




6.5.2.
Shared or adjoining facilities between food primary and liquor
primary licensed establishments


6.5.3.
Shared or adjoining facilities between a food primary licensed
establishment and an unlicensed area
6.5.4.
Shared or adjoining facilities between a liquor primary licensed
establishment and an unlicensed area that is not primarily involved in
hospitality, entertainment, food, or beverage service
6.5.5.
Shared or adjoining facilities between a liquor primary licensed area
and an unlicensed area that is primarily involved in hospitality,
entertainment, food, or beverage service
6.5.6.
Shared or adjoining facilities between licensee retail stores and
licensed or unlicensed areas
6.6
Restaurant Lounges
6.6.1.
General conditions for a restaurant lounge

6.6.2.
Setting person capacity for a restaurant lounge

6.6.3.
Restaurant patio lounges

6.6.4.
Seating in the lounge area of a restaurant

6.7
Restaurant Operating Details and Furnishings
6.7.1.
Operating details and furnishings consistent with food service
6.7.2.
Where decor and furnishings are more consistent with another licence
category
6.8
Standalone Policy for Licensee Retail Stores (LRS)
6.8.1.
Permitted associations for licensee retail stores
6.8.2
Standalone requirements where an LRS is owned by the same legal
entity as the associated LP, LRS, or licensed hotel (including
associated FP)
LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS














LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
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APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C
W
FP
LRS

6.8.3
Standalone requirements where an LRS is owned by a different legal
entity than the associated LP, LRS, or licensed hotel (including
associated FP)
6.8.4
Standalone requirements upon the transfer of ownership, relocation,
or structural change of an LRS
6.8.5
Prohibited associations for licensee retail stores
7
LIQUOR SERVICE AND SALES
7.1
Type of Liquor Sold
7.1.1.
Types of liquor sold in liquor primary establishments

7.1.2.
Types of liquor sold in stadiums

7.1.3.
Types of liquor sold in food primary licensed establishments
7.1.4.
Types of liquor sold in Licensee Retail Stores
7.1.5.
Types of liquor sold in winery lounges and picnic areas
7.2
Ordering Liquor
7.2.1.
Inspection of liquor register and other items





7.2.2.
Subject of liquor register inspection





7.3
Pricing
7.3.1.
General conditions applying to liquor prices and price lists




7.3.2.
Pricing and availability of product




7.3.3.
Liquor prices in licensee retail stores
7.3.4.
Liquor prices and Liquor Distribution Branch purchase price


7.3.5.
Theme night prices


7.3.6.
All-inclusive packages including liquor in the price

7.3.7.
Reference to credit sales on price list
7.4
Dispensers and Drink Sizes
7.4.1.
















Serving size and preparation of a “drink” containing distilled liquor




7.4.2.
Container and serving size for wine




7.4.3.
Container and serving size for draught beer



7.5
Replacement of Faulty Keg or Spoiled Product by
Brewer’s Agent
7.5.1.
System of accounting for faulty keg replacement is part of liquor
register



7.5.2.
Authorization for pick up and replacement of faulty kegs



7.5.3.
Failure to properly account for liquor received or credited through the
replacement of a faulty keg



LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 8
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Liquor Licensing Policy Manual
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C
7.6.1.
Off-premises sales endorsement


7.6.2.
Consideration of local issues


7.6.3.
Hours of sale


7.6.4.
Types of liquor sold


7.7
Special Conditions
7.7.1
Conditions for liquor sales and service in clubs
7.7.2
Conditions for liquor sales and service from golf course kiosks, takeout windows, or beverage carts
7.7.3
Conditions for liquor sales and service on motor vessels

7.7.4
Conditions for liquor sales and service through room service

7.7.5
Conditions for liquor sales and service through mini-bars

7.7.6
Conditions for liquor sales and service in stadiums

7.7.7
Stadiums, concert halls and convention centres – event driven

7.7.8
Exemption from the prohibition against tied houses for stadiums and
concert halls
7.7.9
Stadiums – Private suites/boxes: self-service, spirits and minors
W
FP







7.7.10. Application of tied house rules to brewpubs

7.7.11
Downhill ski resort areas

7.7.12
Conditions for liquor sales and service in movie and live event theatres

7.7.13
Section 27 green lined areas


7.8.1
Ministers of religion
7.8.2
Religious ceremonies in a regular place of worship
7.8.3
Social events associated with or ancillary to religious ceremonies
7.8.4
Personal consumption
7.8.5
Bonafide church suppliers
8
MANAGEMENT AND CONTROL OF A LICENSED
ESTABLISHMENT
8.1
General Consumption


8.1.1.
Intoxicated patrons


8.1.2.
Control of liquor consumption in licensed establishment




8.1.3.
Liquor in Washrooms




8.1.4.
Liquor on stages




8.1.5.
Conditions for consumption outside the licensed area in liquor
primary establishments




LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS



LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 9

Liquor Licensing Policy Manual
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
8.1.7.
Conditions for on-premises liquor consumption in licensee retail
stores
8.1.8.
Conditions for liquor consumption in winery endorsement areas
8.2
Consumption by Employees
8.2.1.
C
W
FP
LRS






Licensee and employee consumption of liquor while working





8.2.2.
Employee consumption of liquor after work




8.3
Management of Patron Conduct
8.3.1.
Licensee’s responsibility to manage patron conduct





8.3.2.
Reasonable measures





8.3.3.
Licence suspension and closure of premises





8.4
Serving It Right Program
8.4.1.
Training requirement




8.4.2.
One hundred and twenty (120) day exemption from training
requirement




8.4.3.
Full exemptions from training requirement
9
FOOD SERVICE
9.1
General Conditions
9.1.1.
Exemption from requirements to serve food and non-alcoholic
beverages
9.1.2.
Type of food service in liquor primary licensed establishments,
winery lounges, and winery picnic areas
9.1.3.
Type of food service in food primary licensed establishments
9.1.4.
Inspection to determine availability of food and non-alcoholic
beverages
9.1.5.
Food preparation facilities in licensed establishments
9.1.6.
Sale of non-liquor items in licensee retail stores
10
MINORS
10.1
General Conditions



















10.1.2. Factors considered in permitting minors on licensed premises



10.1.3. Minors in liquor primary licensed establishments


1


10.1.1. General conditions respecting minors on licensed premises
10.1.4. Minors in food primary licensed establishments and liquor primary
stadiums
1
F
√



Applies to licensees and staff of a food primary establishment, provided the licence is not endorsed for a licensed lounge area.
Licence Categories
LP = Liquor Primary C = Liquor Primary Club W = Winery FP = Food Primary LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 10
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Liquor Licensing Policy Manual

10.1.5. Minors in winery picnic and tour areas
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C
W
FP
LRS

10.1.7. Minors in licensee retail stores
10.1.8. Employment of minors in licensed establishments





10.1.9. Minors in possession of liquor





10.1.10. Identification of minors
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10.2
Minors as Entertainers
10.2.1. Establishments in which minors providing entertainment are permitted
10.2.2. Conditions for minors providing entertainment in licensed
establishments
11
ENTERTAINMENT
11.1
General Conditions
11.1.1. Authority to approve, prohibit, restrict or limit entertainment in a
licensed establishment
11.1.2. Factors considered in imposing terms and conditions for entertainment
and games
11.1.3. General conditions for entertainment and games
11.1.4. Entertainment and games in liquor primary licensed establishments,
winery lounges, and winery picnic areas

11.1.5. Entertainment and games in food primary licensed establishments

11.1.6. Hours of patron participation and non-participation entertainment in
food primary establishments
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
11.2.5. Performances involving animals

11.2.6. Consumption of liquor by entertainers
11.1.7. Sign describing adult entertainment
11.2
Live Performances
11.2.1. Factors considered in imposing terms and conditions for live stage
performances
11.2.2. Definitions of exotic dancer and stripper and adult-oriented performer
11.2.3. General conditions for exotic dancing and stripping and other
performances
11.2.4. Prohibited acts during the performance of an exotic dancer or stripper
or adult-oriented performer
11.3
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
Audio, Film, Video and Television
11.3.1. Factors considered in imposing terms and conditions for audio, film,
video and television entertainment
LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 11
Liquor Licensing Policy Manual

11.3.2. Audio, film, video and television presentations in liquor primary
establishments, food primary establishments, winery lounges and
SEAs


APPLICABLE LICENCE
CATEGORIES
POLICIES
11.4

LP
C
W
FP
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

Patron Participation and Non-Participation
Entertainment
11.4.1. Definitions of patron participation and non-participation entertainment
11.4.2. Factors considered in imposing terms and conditions for patron
participation and non- participation entertainment

11.4.3. Entertainment hours and endorsement of a food primary licence for
patron participation and non-participation entertainment
11.4.4. Applications for karaoke box style restaurants

11.4.5. Conditions for karaoke box style restaurants

11.5
LRS
Games in a Licensed Establishment

11.5.1. Factors considered in approving games

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
11.5.2. Games and entertainment in licensee retail stores
11.5.3. Electronic and mechanical games


11.5.4. Licensee contests in licensed establishments

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11.5.5. Manufacturer contests in licensed establishments

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11.5.6. Tournaments
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11.6.1. Factors considered in restricting, cancelling or prohibiting an activity

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11.6.2. Lottery tickets

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11.6.3. Licensed social occasion casinos and bingo events

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12.1.1. Activities permitted at any time (no buy-sell agreement required)
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12.1.2. Activities not permitted—Tied Houses/Inducements
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12.1.3. Activities permitted with a buy-sell agreement only
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12.1.4. Buy-sell agreements
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11.6
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Gambling in a Licensed Establishment
12
Licensee Relationships with Manufacturers
12.1
General Conditions
LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary


LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 12
Liquor Licensing Policy Manual
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C
W
FP
LRS
12.2.1. Promotional items of nominal value
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12.2.2. More expensive promotional items

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12.2
Promotional Items

12.2.3. Joint promotions/brewmaster or winemaker dinners


12.2.4. Value-Added promotions in licensee retail stores
12.2.5. Product vouchers for redemption at licensee retail stores
12.3
Consumer Taste Trials

12.3.1. Objectives of consumer taste trials


12.3.2. Conduct of consumer taste trials in licensee retails stores
12.3.3. Conduct of consumer taste trials in restaurants

12.3.4. Charges and product purchases


12.3.5. Maximum sample quantities in licensee retail stores and food primary
establishments


12.3.6. Service and management of open beverage alcohol


12.3.7. Advertising


12.4
Theme Night Promotions
12.4.1. Educational component


12.4.2. Conduct


12.4.3. Activities permitted during theme night promotions


12.4.4. Charges and product purchases


12.4.5. Maximum sample quantities during theme night promotions

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12.5.1. Buying drinks for patrons
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12.5.2. Product samples
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12.5.3. Educational events and activities
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12.5.4. Hospitality
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12.5.5. Sponsorships
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13.1.1. Nature of the information provided
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13.1.2. Methods of advertising
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12.5
Manufacturer Hospitality and Educational Activities
13
Advertising and Signage
13.1
General Conditions
LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 13
Liquor Licensing Policy Manual
APPLICABLE LICENCE
CATEGORIES
POLICIES
LP
C
W

Signs and advertising for liquor primary establishments


13.1.5. Signs and advertising for licensee retail stores

13.1.6. Signs displaying Fetal Alcohol Syndrome (FAS) warnings
LP = Liquor Primary
Licence Categories
C = Liquor Primary Club W = Winery FP = Food Primary
LRS

13.1.3. Signs and advertising for food primary lounges
13.1.4.
FP
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LRS = Licensee Retail Store
POLICIES BY APPLICABLE LICENCE CATEGORY
Page 14

Liquor Licensing Policy Manual
Index
14B
Note: This section has not been updated with the February 2013 changes. To search for a keyword in the digital
version of this document, press “Ctrl+F”.
Terms & Phrases
Section
#
Section Name
A
Adjoining facilities
3.4
6.5
Advertising
2.1
11.5
12.1
12.2
12.3
12.4
13.1
Adult entertainment
6.5
10.1
11.1
11.2
Agency store
2.2
3.4
6.5
7.2
7.6
8.1
Aircraft
8.4
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines)
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale; Policies - 6.5.1; 6.5.2; 6.5.3; 6.5.4;
6.5.5; 6.5.6)
General Information – Operating Environment (Branch
Organisation and Function)
Entertainment - Games in a Licensed Establishment
(Policies - 11.5.4; 11.5.5; 11.5.6)
Licensee Relationships with Manufacturers – General
Conditions (Policies- 12.1.2)
Licensee Relationships with Manufacturers – Joint
Promotional Items (Policies - 12.2.3, 12.2.4)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policies -12.3.7)
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policies -12.4.3)
Advertising and Signage – (Policy Rationale; Policies 13.1.1 – 13. 1.6)
Premises – Adjoining Licensed and Unlicensed Areas
(Policies - 6.5.2; 6.5.3; 6.5.5; 6.5.6)
Minors – General Conditions (Policies - 10.1.3)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.7)
Entertainment – Live Stage Performances (Policy
Rationale)
General Information – Licence Categories (Manufacturer
Licence)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines)
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale)
Liquor Service and Sales – Ordering Liquor (Policy
Rationale)
Liquor Service and Sales – Off-Premises Sales (Policies 7.6.1)
Management and Controls of a Licensed Establishment –
General Consumption (Policies - 8.1.8)
Management and Controls of a Licensed Establishment –
Serving It Right Program (Policies - 8.4.3)
INDEX
Page 1
Liquor Licensing Policy Manual
Terms & Phrases
Airport
Alternate use
10.1
Minors – General Conditions (Policy Rationale; Policies 10.1.3)
Section
#
10.1
Section Name
Animals, on stage
5.3
10.1
11.2
Appetizers
2.2
6.7
9.1
Applicant eligibility
3.2
4.3
Applicant suitability
3.2
3.7
4.2
4.3
4.5
Application fees
(See also Fees and Licence
Fees)
3.1
Application for a new licence
3.7
6.3
3.1
Approval period
3.3
3.4
Minors – General Conditions (Policy Rationale: Policies 10.1.3)
Hours of Operation – Alternate Use
Minors – General Conditions (Policies - 10.1.1)
Entertainment – Live Stage Performances (Policies 11.2.5)
General Information – Licence Categories (Food Primary
Licence)
Premises – Restaurant Décor (Policies - 6.7.1)
Food Service – General Conditions (Policy Rationale;
Policies - 9.1.3)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.1; 3.2.6;
3.2.7; 3.2.8)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale; Policies - 4.3.4)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.1; 3.2.2)
Licensing Process – Licence Renewals (Policy Rationale)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policy Rationale)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.6)
Licensing Process – Licence Renewals (Policies - 3.7.3)
Premises – Capacity (Policies - 6.3.4)
Licensing Process – Stage 1: Application for a New
Licence
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.19)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies – 3.4.9)
B
B.C. Lottery Corporation
9.1
11.6
Food Service – General Conditions (Policy Rationale;
Policies - 9.1.6)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policies 11.6.3; 11.6.5)
INDEX
Page 2
Liquor Licensing Policy Manual
Bankruptcy
4.2
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale;
Policies - 4.2.8)
INDEX
Page 3
Liquor Licensing Policy Manual
Terms & Phrases
Banquet room
Section
#
2.2
3.1
Bar stools
3.4
Beer
2.2
3.4
7.1
7.3
7.4
7.5
7.6
7.7
12.1
12.4
12.5
Beverage carts – golf courses
7.7
Billiards
11.1
11.4
11.5
Bingo
11.6
Branch organization
2.1
Brew pub
7.7
Section Name
General Information – Licence Categories (Food Primary
Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.2)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Food
Primary Licensing)
General Information – Licence Categories (Licensee
Retail Stores; U-Brew/U-Vin Licence)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Liquor
Primary Licensing of Stadiums)
Liquor Service and Sales – Types of Liquor Sold (Policy
Rationale; Policies - 7.1.2)
Liquor Service and Sales – Pricing (Policy Rationale)
Liquor Service and Sales – Dispensers and Drink Sizes
(Policy Rationale; Policies - 7.4.3)
Liquor Service and Sales – Replacement of Faulty Keg or
Spoiled Product by Brewer’s Agent (Policy Rationale)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale; Policies - 7.6.4)
Liquor Service and Sales – Special Conditions (Stadiums
and Concert Halls – Tied House Exemption)
Licensee Relationships with Manufacturers – General
Conditions (Policies - 12.2.2; 12.2.5; 12.3.5 )
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policies - 12.4.5)
Licensee Relationships with Manufacturers – Consumer
Tastings (Policies - 12.5.2)
Liquor Service and Sales – Special Conditions (Policy
Rationale; Golf Course Kiosks, Take-out Windows and
Beverage Carts)
Entertainment – General Conditions (policies – 11.1.5)
Entertainment – Patron Participation and Non-Patron
Participation (Policy Rationale)
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policy - 11.6.4)
General Information – Operating Environment (Branch
Organisation and Function)
Liquor Service and Sales – Special Conditions (Brew Pub
– Tied House Exemption; Policies - 7.7.8)
INDEX
Page 4
Liquor Licensing Policy Manual
Terms & Phrases
Building assessment
Section
#
3.4
6.2
Building code
Business ownership
6.4
6.3
3.2
4.0
4.1
4.2
4.3
4.4
4.5
4.6
Buy-Sell Agreement
12.1
12.2
12.4
12.5
Bylaws, local government
3.2
3.3
3.4
3.7
6.2
6.3
6.4
13.1
Section Name
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence
Premises – Structural Alterations (Policy Rationale;
Policies - 6.2.2)
Premises – Outdoor Patios (Policy Rationale)
Premises – Capacity (Policy Rationale)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.1; 3.2.4)
Business Ownership and Changes to a Licence
Business Ownership and Changes to a Licence –
Change Approval Authority
Business Ownership and Changes to a Licence –
Legal Name/Internal Ownership Changes
Business Ownership and Changes to a Licence –
Sale of a Licensed Establishment
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment
Business Ownership and Changes to a Licence –
Valid Interest in an Establishment
Business Ownership and Changes to a Licence –
Dormant Licences
Licensee Relationships with Manufacturers (Policy
Rationale; Policies - 12.1.1;12.1.3; 12.1.4)
Relationships with Manufacturers –Promotional Items
(Policy Rationale; Policies – 12.2.2; 12.2.4)
Licensee Relationships with Manufacturers- Theme Night
Promotions (Policy Rationale; Policies – 12.4.2)
Licensee Relationships with Manufacturers –Manufacturer
Hospitality and Educational Activities (Policy Rationale –
12.5.1; 12.5.3; 12.5.4; 12.5.5))
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policies - 3.2.2)
Licensing Process – Stage 3: Site and Community
Assessment (Policy Rationale; Policies – 3.3.14)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policy Rationale; Policies – 3.4.1;
3.4.6; 3.4.7; 3.4.13)
Licensing Process – Licence Renewals (Policies - 3.7.1)
Premises – Structural Alterations (Policies - 6.2.1)
Premises – Capacity (Policy Rationale)
Premises – Outdoor Patios (Policy Rationale)
Advertising and Signage – General Conditions (Policy
Rationale)
INDEX
Page 5
Liquor Licensing Policy Manual
Terms & Phrases
Section
#
Section Name
C
Card games
11.1
11.5
Casinos
11.5
11.6
Change approval
authority
4.0
4.1
Change in ownership
4.1
4.3
4.5
Charitable draws
11.6
China - dishware
2.2
6.7
Christmas parties
Entertainment – General Conditions (Policies - 11.1.3;
11.1.4; 11.1.5)
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policy - 11.6.4)
Business Ownership and Changes to a Licence –
Introduction
Business Ownership and Changes to a Licence – Change
Approval Authority (Policy Rationale; Policies - 4.1.1;
Change Approval Authority Roles and Responsibilities)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.5)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policy - 11.6.4)
General Information – Licence Categories (Food Primary
Licence)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale)
See Staff Parties
Client groups of LCLB
2.1
General Information – Operating Environment
(Introduction; Client Groups)
Closing time
5.1
Hours of Operation – Hours of Sale (Policies - 5.1.2;
5.1.4; 5.1.7)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale)
Licensee Relationships with Manufacturers– Consumer
Taste Trials (Policies - 12.5.2)
See Liquor Primary Club
7.6
8.1
12.5
Club
Cold beer and wine stores definition
2.2
General Information – Licence Categories (Licensee
Retail Stores)
INDEX
Page 6
Liquor Licensing Policy Manual
Terms & Phrases
Community impact
Section
#
3.3
3.5
3.6
4.4
Community standards
6.4
2.1
4.6
11.4
Complete application
3.1
Compliance history/record
(see Enforcement record)
4.1
Concert hall
5.1
6.3
7.7
10.1
12.5
Consumer taste trials
12.3
12.4
Contact sports
11.1
Contests
11.5
11.6
12.1
12.3
12.4
13.1
Section Name
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.11; 3.3.12; 3.3.13; 3.3.14)
Licensing Process – Licence Amendments (Policies 3.5.11)
Licensing Process – Re-Application (Policy Rationale)
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policy Rationale;
Policies – 4.4.3)
Premises – Outdoor Patios (Policy Rationale)
General Information – Operating Environment (Regard
for Community Standards)
Business Ownership and Changes to a Licence – Dormant
Liquor Primary Licences (Policy Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.3; 3.1.8; 3.1.9)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.2; 4.1.5)
Hours of Operation – Hours of Sale (Policies - 5.1.2)
Premises – Capacity (Policies - 6.3.2)
Liquor Service and Sales – Special Conditions (Policy
Rationale; Stadiums and Concert Halls – Tied House
Exemption; Policies - 7.7.7)
Minors – General Conditions (Policy Rationale; Policies 10.1.3; 10.1.8)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policies – 12.5.5)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policy Rationale; Policies – 12.3.1-12.3.7)
Licensee Relationships with Manufacturers—Theme
Night Promotions (Policy Rationale; Policies – 12.4.3)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.4)
Entertainment – Games in a Licensed Establishment
(Policy Rationale; Policies – 11.5.4 - 11.5.5)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale)
Licensee Relationships with Manufacturers –General
Conditions (12.1.1; 12.1.3)
Licensee Relationships with Manufacturers – Contests
(Policy Rationale; 12.3.1; 12.3.2)
Licensee Relationships with Manufacturers—Theme
Night Promotions (Policies - 12.4.3)
Advertising and Signage - General Conditions (Policies 13.1.1)
INDEX
Page 7
Liquor Licensing Policy Manual
INDEX
Page 8
Liquor Licensing Policy Manual
Terms & Phrases
Convention centre
Convictions
Section
#
10.1
3.1
3.2
3.7
Section Name
Minors – General Conditions (Policy Rationale; Policies 10.1.3; 10.1.8)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.5)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.2)
Licensing Process – Licensing Renewals (Policy
Rationale; Policy – 3.7.1)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policies - 4.2.3)
Corporation name change
4.2
Credit sales
7.3
Liquor Service and Sales – Pricing (Policies - 7.3.7)
Criminal conviction
3.1
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.5)
Criminal record search
3.1
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.5)
Curling Clubs
7.7
Liquor Service and Sales – Special Conditions (Curling
Clubs; Policies – 7.7.)
Minors – General Conditions (General conditions
respecting minors on licensed premises; Policies 10.1.1;
Minors in liquor primary licensed establishments; Policies
10.1.3)
10.1
D
Dance floors
3.4
6.2
6.7
Death of a licensee
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.4; Plans Approval
Guidelines)
Premises – Structural Alterations (Policies - 6.2.1)
Premises – Restaurant Operating Details and Furnishings
(Policies - 6.7.1)
7.2
Liquor Service and Sales – Ordering Liquor (Policies –
7.2.7)
Décor
6.7
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale; Policies - 6.7.2)
INDEX
Page 9
Liquor Licensing Policy Manual
Terms & Phrases
Demographics
Section
#
2.2
Dine and dance
11.1
11.4
Discretion, exercise of
1.0
2.1
3.1
4.1
5.0
5.1
5.2
5.3
6.3
7.7
12.3
Distilled liquor
7.4
12.2
12.5
Dormant licence
4.6
Downhill ski resort areas
7.7
10.1
Section Name
General Information – Licence Categories (Liquor
Primary Licence)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.6)
Entertainment – Patron Participation and NonParticipation Entertainment (Policies - 11.4.3; 11.4.5)
Introduction – Introduction (The Effect of Policies;
Mandatory or Discretionary?)
General Information – Operating Environment (Operating
Principles)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.6)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policy Rationale; Policies - 4.1.2;
4.1.3; Change Approval Authority Roles and
Responsibilities)
Hours of Operation – Introduction
Hours of Operation – Hours of Sale (Policy Rationale)
Hours of Operation – Special Events (Policy Rationale)
Hours of Operation – Alternate Use (Policy Rationale)
Premises – Patron Capacity (Policy Rationale)
Liquor Service and Sales – Special Conditions (Clubs)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policy Rationale; Policies - 12.3.2)
Liquor Service and Sales – Dispensers and Drink Sizes
(Policy Rationale; Policies - 7.4.1)
Licensee Relationships with Manufacturers – Promotional
Items (Policies – 12.2.5)
Licensee Relationships with Manufacturers- Manufacturer
Hospitality and Educational Activities (Policies 12.5.2)
Business Ownership and Changes to a Licence – Dormant
Liquor Primary Licences (Policy Rationale; Policies –
4.6.1)
Liquor Service and Sales – Special Conditions (Downhill
Ski Resort Areas; Policies – 7.7.)
Minors – General Conditions (Policy Rationale; Policies –
10.1.1; 10.1.3)
INDEX
Page 10
Liquor Licensing Policy Manual
Terms & Phrases
Draught beer
Section
#
7.3
7.4
7.6
7.7
Drink sizes
Drive through LRS
7.4
3.4
Section Name
Liquor Service and Sales – Pricing (Policy Rationale)
Liquor Service and Sales – Dispensers and Drink Sizes
(Policy Rationale; Policies - 7.4.3)
Liquor Service and Sales – Off-Premises Sales (Policies 7.6.4)
Liquor Service and Sales – Special Conditions (Stadiums
and Concert Halls – Tied House Exemption)
Liquor Service and Sales – Dispensers and Drink Sizes
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for
Licensee Retail Stores)
E
Economic viability
2.1
General Information – Operating Environment (footnotes)
Educational Events and
Activities
12.1
12.5
Licensee Relationships with Manufacturers – General
Conditions (Policies 12.1.3)
Licensee Relationships with Manufacturers Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies – 12.5.3)
Employee consumption
8.2
Management and Controls of a Licensed Establishment –
Consumption by Employees (Policies - 8.2.1; 8.2.2)
Employment of minors
10.1
Minors – General Conditions (Policy Rationale; Policies 10.1.8; 10.1.9)
Enforcement action
2.1
General Information – Operating Environment: Branch
Organization and Function
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.4; 4.1.5)
4.1
Enforcement record
(see Compliance history)
3.2
3.7
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policies - 3.2.2)
Licensing Process – Licensing Renewals (Policy
Rationale; Policies - 3.7.1)
INDEX
Page 11
Liquor Licensing Policy Manual
Terms & Phrases
Entertainment
Section
#
Section Name
2.2
General Information – Licence Categories (Background;
Liquor-Primary Licence; Food-Primary Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.1)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines)
Licensing Process – Licence Amendments (Policy
Rationale; Policies - 3.5.2)
Premises – Patron Capacity (Policy Rationale)
Premises – Outdoor Patios (Policy Rationale)
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale; Policies - 6.5.2; 6.5.3; 6.5.4; 6.5.5;
6.5.6)
Premises – Restaurant Operating Details and Furnishings
(Policies - 6.7.1)
Liquor Service and Sales – Special Conditions (Stadiums)
Minors – General Conditions (Policy Rationale; Policies 10.1.3; 10.1.6; 10.1.8)
Minors – Minors as Entertainers (Policies - 10.2.1; 10.2.2)
Entertainment – General Conditions
Entertainment – Live Performances
Entertainment – Audio, Film, Video and Television
Entertainment – Patron Participation and NonParticipation Entertainment
Entertainment – Games in a Licensed Establishment
Entertainment – Gambling in a Licensed Establishment
Licensee Relationships with Manufacturers – General
Conditions (Policies - 12.1.2)
Licensee Relationships with Manufacturers—Theme
Night Promotions (Policies - 12.4.3)
Licensee Relationships with Manufacturers—
Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies- 12.5.3)
3.1
3.4
3.5
6.3
6.4
6.5
6.7
7.7
10.1
10.2
11.1
11.2
11.3
11.4
11.5
11.6
12.1
12.4
12.5
Entrees – food service
2.2
General Information – Licence Categories (Food Primary
Licence)
Event driven licenses
7.7
Exotic dancers
11.2
Special conditions – stadiums, concert halls and
convention centres- event driven – live events only (Policy
Rationale; Policies-7.7.7)
Entertainment – Live Stage Performances (Policy
Rationale; Policies - 11.2.2; 11.2.3; 11.2.4)
External share transfer
4.3
Business Ownership and Changes to a Licence –
Changes in Ownership or Sale of a Licensed
Establishment (Policy Rationale; Policies - 4.3.1;
4.3.3;5.3.6; 4.3.7)
INDEX
Page 12
Liquor Licensing Policy Manual
Terms & Phrases
Section
#
Section Name
Faulty keg
7.5
Liquor Service and Sales – Replacement of Faulty Keg or
Spoiled Product by Brewer’s Agent (Policy Rationale;
Policies - 7.5.1; 7.5.2)
Fees
(See also Application fees
and Licence fees)
2.2
General Information – Licence Categories (Liquor
Primary Club Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale)
Entertainment – Games in a Licensed Establishment
(Policy Rationale; Policies - 11.5.4; 11.5.6)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policies – 11.6)
F
3.1
4.2
11.5
11.6
Fetal Alcohol Syndrome
warning signs
13.1
Advertising and Signage – General Conditions (Policy
Rationale; Policies - 13.1.6)
Films
11.3
11.4
Entertainment – Audio, Film, Video and Television
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale)
Financial records
2.2
General Information – Licence Categories (Food Primary
Licence)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale; Policies - 6.7.1)
6.7
Fire authorities approval, Fire
Services Act
3.4
6.2
6.3
11.1
Firearms
8.3
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.3; 3.4.5; 3.4.6)
Premises – Structural Alterations (Policies - 6.2.2; 6.2.3)
Premises – Patron Capacity (Policies - 6.3.1, 6.3.4)
Entertainment – General Conditions (Policies - 11.1.3)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policies - 8.3.1)
INDEX
Page 13
Liquor Licensing Policy Manual
Terms & Phrases
First Nation
Section
#
2.2
3.3
3.4
3.5
4.4
5.1
6.2
6.3
6.4
7.6
7.7
11.1
11.4
Fit and proper person
3.2
4.3
Flatware (cutlery)
2.2
6.7
Floor plans
3.4
6.1
6.2
6.3
Section Name
General Information – Licence Categories (Liquor
Primary Licence; Food Primary Licence)
Licensing Process – Stage 3: Site and Community
Assessment (Policy Rationale; Policies – 3.3.3 – 3.3.14)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policy Rationale; Policies - 3.4.1;
3.4.6; 3.4.7; 3.4.13; Plans Approval Guidelines for
Winery Lounge and Picnicking Endorsement)
Licensing Process – Licence Amendments
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policy Rationale;
Policies - 4.4.3)
Hours of Operation – Hours of Sale (Policy Rationale;
Policies - 5.1.2; 5.1.3; 5.1.6; Hours of Sale by Licence
and Establishment Type)
Premises – Structural Alterations
Premises – Patron Capacity
Premises – Outdoor Patios
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale)
Liquor Service and Sales – Special Conditions (Motor
Vessels; Policies - 7.7.3)
Entertainment – General Conditions (Policies - 11.1.1)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale; Policies 11.4.2; 11.4.4)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies – 3.2.2; 3.2.6;
3.2.7)
Business Ownership and Changes to a Licence – Changes
in Ownership or Sale of a Licensed Establishment
(Policies - 4.3.9)
General Information – Licence Categories (Food Primary
Licence)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.4; 3.4.8; 3.4.10)
Premises – Posting of Licence and Access to Floor Plans
Premises – Structural Alterations (Policy Rationale)
Premises – Capacity (Policies - 6.3.4)
Food Demonstrations – see
Test kitchen in licensee retail
store
INDEX
Page 14
Liquor Licensing Policy Manual
Terms & Phrases
Food fairs, licensing of
Section
#
2.2
3.1
Food service
2.2
3.1
3.4
6.6
6.7
7.7
9.1
12.3
12.4
Free drinks
Free samples – See Consumer
Taste Trials
Free product samples – See
Product Samples
Furnishings
Section Name
General Information – Licence Categories (Food Primary
Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.2)
General Information – Licence Categories (Liquor
Primary Licence; Food Primary Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.2;
Licensing Process – Stage 4: Building Assessment and
Issue of Licence (Plans Approval Guidelines for Liquor
Primary Licensing, Food Primary Licensing, Winery
Lounge, Special Event, Picnicking, or Tour Area
Endorsements)
Premises – Restaurant Lounges (Policy Rationale;
Policies - 6.6.1)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale)
Liquor Service and Sales – Special Conditions (Policies 7.7.1)
Food Service – General Conditions
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policies - 12.3.3)
Licensee Relationships with Manufacturers—Theme
Night Promotions (Policy Rationale)
7.3
12.4
Liquor Service and Sales – Pricing (Policies - 7.3.1)
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policies 12.4.4; 12.4.5)
3.4
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Food
Primary Licensing)
Premises – Restaurant Lounges (Policy Rationale)
Premises – Restaurant Operating Details and Furnishings
Entertainment – Patron Participation and NonParticipation Entertainment (Policies - 11.4.3)
6.6
6.7
11.4
INDEX
Page 15
Liquor Licensing Policy Manual
Terms & Phrases
Section
#
Section Name
6.5
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale)
Entertainment – General Conditions (Policy Rationale)
Entertainment – Audio, Film, Video and Television
(Policy Rationale)
Entertainment – Games in a Licensed Establishment
(Policy Rationale; Policies - 11.5.3)
Entertainment – Gambling in a Licensed Establishment
Licensee Relationships with Manufacturers –Theme Night
Promotions (12.4.3)
General Information – Licence Categories (Liquor
Primary Licence; Food Primary Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.1; Plans
Approval Guidelines for Liquor Primary Licensing; Plans
Approval Guidelines for Food Primary Licensing)
Premises – Restaurant Lounges (Policy Rationale;
Policies - 6.6.1)
Premises – Restaurant Operating Details and Furnishings
(Policies - 6.7.1)
Entertainment – General Conditions
Entertainment – Audio, Film, Video and Television
(Policy Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment
Entertainment – Games in a Licensed Establishment
Entertainment – Gambling in a Licensed Establishment
Licensee Relationships with Manufacturers – General
Conditions (Policies – 12.1.2)
Licensee Relationships – Theme Night Promotions
(Policies – 12.4.3)
G
Gambling/Gaming
11.1
11.3
11.5
11.6
12.4
Games
2.2
3.1
6.6
6.7
11.1
11.3
11.4
11.5
11.6
12.1
12.4
Gaming Policy and
Enforcement Branch
Glassware
11.6
3.4
12.1
12.2
12.3
12.4
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policy - 11.6.4)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Liquor
Primary Licensing of Stadiums)
Licensee Relationships with Manufacturers –General
Conditions (Policies – 12.1.1; 12.1.2)
Licensee Relationships with Manufacturers – Promotional
Items (Policies - 12.2.2)
Licensee Relationships with Manufactures – Consumer
Taste Trials (Policies – 12.3.5)
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policies – 12.4.5)
INDEX
Page 16
Liquor Licensing Policy Manual
Terms & Phrases
Golf course
Section
#
7.7
10.1
Green lined area
7.7.13
Section Name
Liquor Service and Sales – Special Conditions (Policy
Rationale; Policies - 7.7.2)
Minors – General Conditions(Policy Rationale; Policies 10.1.3)
Section 27 green lined areas (Policies 7.7.13)
H
Happy hour
7.3
Hospitality
2.1
2.2
3.1
6.5
7.7
12.1
12.5
Hours of operation
2.2
5.1
5.2
6.4
6.7
7.7
8.3
Hours of sale
5.1
5.2
7.6
8.1
8.2
11.4
Liquor Service and Sales – Pricing (Policy Rationale;
Policies - 7.3.1)
General Information – Operating Environment (Operating
Assumptions)
General Information – Licence Categories (Background;
Liquor Primary Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.1)
Premises – Adjoining Licensed and Unlicensed Areas
(Policies - 6.5.4; 6.5.5)
Liquor Service and Sales – Special Conditions (Motor
Vessels)
Licensee Relationships with Manufactures – General
Conditions (Policies – 12.1.1; 12.1.3)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies - 12.5.3; 12.5.4)
General Information – Licence Categories (Food Primary
Licence)
Hours of Operation – Hours of Sale (Policies - 5.1.2;
5.1.7)
Hours of Operation – Special Events (Policy Rationale)
Premises – Outdoor Patios (Policy Rationale)
Premises – Restaurant Operating Details and Furnishings
(Policies - 6.7.1)
Liquor Service and Sales – Special Conditions (Room
Service)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale)
Hours of Operation – Hours of Sale
Hours of Operation – Special Events (Policy Rationale;
Policies - 5.2.1)
Liquor Service and Sales – Off-Premises Sales (Policies 7.6.3)
Management and Controls of a Licensed Establishment –
General Consumption (Policies - 8.1.5)
Management and Controls of a Licensed Establishment –
Consumption by Employees (Policy Rationale; Policies 8.2.2)
Entertainment – Patron Participation and NonParticipation Entertainment (Policies - 11.4.2; 11.4.5)
INDEX
Page 17
Liquor Licensing Policy Manual
INDEX
Page 18
Liquor Licensing Policy Manual
Terms & Phrases
Human Rights Act
Section
#
8.3
Section Name
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale)
I
Identification
10.1
Incomplete application
3.1
Individual name change
4.2
Inspection
3.4
4.1
6.1
6.4
7.2
7.5
9.1
11.4
Inducements
7.3
11.5
11.6
12.1
Minors – General Conditions (Policy Rationale; Policies 10.1.10)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.4; 3.1.6)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policies - 4.2.2)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.10; 3.4.11; 3.4.12)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.5)
Premises – Posting of Licence and Access to Approved
Plans
Premises – Outdoor Patios (Policies - 6.4.2)
Liquor Service and Sales – Ordering Liquor (Policy
Rationale)
Liquor Service and Sales – Replacement of Faulty Keg or
Spoiled Product by Brewer’s Agent (Policies - 7.5.2)
Food Service – General Conditions (Policies - 9.1.4)
Entertainment – Patron Participation and NonParticipation Entertainment (Policies - 11.4.5)
Liquor Service and Sales – Pricing (Policy Rationale)
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale)
Licensee Relationships with Manufacturers – General
Conditions (Policy Rationale; Policies - 12.1.2)
Internal amalgamation
4.2
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale;
Policies - 4.2.4)
Internal ownership
4.2
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policy Rationale)
4.3
4.5
INDEX
Page 19
Liquor Licensing Policy Manual
Terms & Phrases
Internal transfer of shares
Internet
Section
#
4.2
11.1
11.3
Intoxicated
2.1
5.3
7.7
8.1
8.3
8.4
10.1
13.1
Section Name
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale)
Entertainment – General Conditions (Policies - 11.1.4;
11.1.5)
Entertainment – Audio, Film, Video and Television
(Policy Rationale)
General Information – Operating Environment (Operating
Assumptions; Regard for Community Standards)
Hours of Operation – Alternate Use (Policy Rationale)
Liquor Service and Sales – Special Conditions (Motor
Vessels)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale; Policies - 8.1.1)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale;
Policies - 8.3.1)
Management and Controls of a Licensed Establishment –
Serving It Right Program (Policy Rationale)
Minors – General Conditions (Policies - 10.1.5)
Advertising and Signage (Policies - 13.1.1)
K
Karaoke
3.4
11.3
11.4
11.5
Kiosk – golf course
7.7
10.1
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Food
Primary Licensing)
Entertainment – Audio, Film, Video and Television
(Policy Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale; Policies 11.4.1; 11.4.4; 11.4.5)
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
Liquor Service and Sales – Special Conditions (Golf
Course Kiosks, Take-out Windows, and Beverage Carts;
Policies - 7.7.2)
Minors – General Conditions (Policy Rationale; Policies 10.1.3)
INDEX
Page 20
Liquor Licensing Policy Manual
Terms & Phrases
Kitchen and equipment
Section
#
2.2
3.1
3.4
6.7
12.3
Knife, as a weapon in a
licensed premise
8.3
Section Name
General Information – Licence Categories (Food Primary
Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.2)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Liquor
Primary Licensing; Plans Approval Guidelines for Food
Primary Licensing)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale; Policies - 6.7.1)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policies – 12.3.2)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale;
Policies - 8.3.1)
L
Late renewal of licence
3.7
LDB
Lease
3.2
4.0
4.2
4.3
4.5
Legal entity changes
4.2
Legal entity status
4.3
Licence amendment
3.0
3.5
5.1
6.3
6.4
Licensing Process – Licensing Renewals (Policy
Rationale; Policies - 3.7.4)
See Liquor Distribution Branch
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.4)
Business Ownership and Changes to a Licence –
Introduction
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policy Rationale; Policies 4.5.1; 4.5.2)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (footnotes)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment
(Policies 4.3.1; 4.3.4)
Licensing Process – Introduction
Licensing Process – Licence Amendments
Hours of Operation – Hours of Sale (Policies - 5.1.2;
5.1.3; Hours of Sale by Licence and Establishment Type)
Premises – Capacity (Policy Rationale; Policies - 6.3.2;
6.3.3)
Premises – Outdoor Patios (Policy Rationale; Policies –
6.4.1; 6.4.3)
INDEX
Page 21
Liquor Licensing Policy Manual
Terms & Phrases
Licence categories
Section
#
1.0
2.2
10.2
Licence fee
(see also Fees and
Application fees)
Licence renewal
3.4
Licence suspension
5.3
8.3
Licence transfer
4.2
3.7
8.4
4.3
8.4
Licensee advertising – See
Advertising
Licensee/employee
consumption of liquor
8.2
12.5
Licensee name
4.2
Licensee name change
4.2
Lighting
2.2
6.7
Line of sight in establishment
8.3
3.4
6.2
6.5
11.2
Section Name
Introduction – Introduction (Purpose of This Manual)
General Information – Licence Categories (Background)
Minors – Minors as Entertainers (Policy Rationale)
Licensee Advertising – Signs and Names (Policies 12.2.3; 12.2.4)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policy Rationale; Policies - 3.4.12)
Licensing Process – Licence Renewals (Policy Rationale)
Management and Controls of a Licensed Establishment –
Serving It Right Program (Policies - 8.4.2)
Hours of Operation – Alternate Use (Policies - 5.3.3)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policies - 8.3.3)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policies -4.2.7)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale; Policies - 4.3.1; 4.3.4; 4.3.5; 4.3.9)
Management and Controls of a Licensed Establishment –
Serving It Right Program (Policies - 8.4.2)
Consumption by Employees (Policy Rationale; Policies –
8.2.1, 8.2.2)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policies - 12.5.2)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale;
Policies - 4.2.1)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policies - 4.2.1)
General Information – Licence Categories (Food Primary
Licence)
Premises – Restaurant Operating Details and Furnishings
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Liquor
Primary Licensing)
Premises – Structural Alterations (Policies - 6.2.1; 6.2.3)
Premises – Adjoining Licensed and Unlicensed Areas
(Policies - 6.5.2; 6.5.3; 6.5.5; 6.5.6)
Entertainment – Live Stage Performances (Policy
Rationale; Policies - 11.2.3)
INDEX
Page 22
Liquor Licensing Policy Manual
Terms & Phrases
Liquor consumption
Section
#
2.2
3.4
7.1
8.1
11.2
12.3
Liquor Distribution Branch
2.1
2.2
3.4
7.1
7.2
7.3
7.7
11.5
12.2
12.3
Liquor in washrooms
8.1
Liquor licence categories
2.2
Liquor Licensing Committee
3.2
3.3
Liquor Manufacturer
Section Name
General Information – Licence Categories (Background)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.8; 3.4.10)
Liquor Sale and Service – Type of Liquor Sold (Policy
Rationale)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale)
Entertainment – Live Stage Performances (Policy
Rationale)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policy Rationale)
General Information – Operating Environment (Branch
Organization and Function)
General Information – Licence Categories (Licensee
Retail Store Licence; Manufacturer Licence)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.13)
Liquor Service and Sales – Type of Liquor Sold (Policy
Rationale; Policies - 7.1.4)
Liquor Service and Sales – Ordering Liquor (Policy
Rationale; Policies - 7.2.2)
Liquor Service and Sales – Pricing (Policy Rationale;
Policies - 7.3.3; 7.3.4; 7.3.5)
Liquor Service and Sales – Special Conditions (Motor
Vessels; Policies - 7.7.3)
Entertainment – Games in a Licensed Establishment
(Policies – 11.5.4; 11.5.5; 11.5.6)
Licensee Relationships with Manufacturers—Promotional
Items (Policies- 12.2.3; 12.2.4)
Licensee Relationships with Manufacturers—Consumer
Taste Trials (Policies- 12.3.1)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale; Policies - 8.1.3)
General Information – Licence Categories (Background;
Liquor Primary Club Licence; Food Primary Licence)
Licensing Process Stage 2: Applicant Eligibility
Assessment (Policies – 3.2.6)
Licensing Process – Stage 3: Site and Community
Assessment (Liquor Primary Only) (Policies - 3.3.16)
See Manufacturer of Liquor
INDEX
Page 23
Liquor Licensing Policy Manual
Terms & Phrases
Liquor prices
Section
#
7.3
12.2
12.3
12.4
12.5
13.1
Liquor primary club
1.0
2.2
3.2
3.3
4.2
4.3
4.5
5.1
6.3
6.4
6.7
7.6
7.7
8.1
10.1
Section Name
Liquor Service and Sales – Pricing
Licensee Relationships with Manufacturers –Promotional
Items (Policies – 12.2.4; 12.2.5)
Licensee Relationships with Manufacturers –Consumer
Taste Trials (Policies – 12.3.4; 12.3.6)
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policies – 12.4.4)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policies – 12.5.1)
Advertising and Signage– General Conditions (Policies 13.1.1)
Introduction – Introduction (Purpose and Format of This
Manual)
General Information – Licence Categories (Liquor
Primary Club Licence)
Licensing Process (Policy Rationale)
Licensing Process – Stage 3: Site and Community
Assessment (Liquor Primary Only) (Policy Rationale)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policies - 4.2.6)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment
(Policies - 4.3.8)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policies - 4.5.5)
Hours of Operation – Hours of Sale (Policies - 5.1.3;
Hours of Sale by Licence and Establishment Type)
Premises – Capacity (Policies - 6.3.1; 6.3.3; 6.3.4)
Premises – Outdoor Patios (Policies - 6.4.1; 6.4.3)
Premises – Restaurant Operating Details and Furnishings
(Policies – 6.7.1)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale)
Liquor Service and Sales – Special Conditions (Policies 7.7.1)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale; Policies - 8.1.5)
Minors – General Conditions (Policy Rationale; Policies 10.1.3)
INDEX
Page 24
Liquor Licensing Policy Manual
Terms & Phrases
Liquor register
Section
#
7.2
7.5
12.5
Liquor service bar
3.4
Liquor Vendors
6.2
6.4
10.1
7.7
Section Name
Liquor Service and Sales – Ordering Liquor (Policies 7.2.1; 7.2.2)
Liquor Service and Sales – Replacement of Faulty Keg or
Spoiled Product by Brewer’s Agent (Policy Rationale;
Policies - 7.5.1)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policies – 12.5.2)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.4; Plans Approval
Guidelines for Liquor Primary Licensing; Plans Approval
Guidelines for Liquor Primary Licensing)
Premises – Structural Alterations (Policies - 6.2.13)
Premises – Outdoor Patios (Policies - 6.4.2)
Minors – General Conditions (Policies - 10.1.5)
Liquor Service and Sales – Special Conditions: Stadiums
(Policies – 7.7.6)
INDEX
Page 25
Liquor Licensing Policy Manual
Terms & Phrases
Local government
Section
#
2.1
2.2
3.2
3.3
3.4
3.5
3.7
4.1
4.4
5.1
6.2
6.3
6.4
7.6
7.7
11.1
11.4
Section Name
General Information – Operating Environment (Branch
Organisation and Function)
General Information – Licence Categories (Liquor
Primary Licence; Food Primary Licence)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policies - 3.2.2)
Licensing Process – Stage 3: Site and Community
Assessment (Liquor Primary Only) (Policy Rationale;
Policies – 3.3.3; 3.3.4 - 3.3.11; 3.3.13; 3.3.14)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policy Rationale; Policies - 3.4.1;
3.4.6; 3.4.7; 3.4.13; Plans Approval Guidelines for
Winery Lounge or Picnicking Endorsement)
Licensing Process – Licence Amendments (Policy
Rationale)
Licensing Process – Licence Renewals (Policies - 3.7.1)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.5)
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policy Rationale;
Policies - 4.4.3)
Hours of Operation – Hours of Sale (Policy Rationale;
Policies - 5.1.2; 5.1.3; 5.1.6)
Premises – Structural Alterations (Policy Rationale)
Premises – Capacity
Premises – Outdoor Patios (Policy Rationale)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale; Policies - 7.6.2)
Liquor Service and Sales – Special Conditions (Motor
Vessels; Policies - 7.7.3)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.4)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale; Policies 11.4.2; 11.4.4)
INDEX
Page 26
Liquor Licensing Policy Manual
Terms & Phrases
Lottery tickets
Section
#
2.2
9.1
11.6
Lounge endorsement restaurants
1.0
2.2
6.3
6.6
7.1
13.1
Lounge endorsement–winery
Section Name
General Information – Licence Categories ( Licensee
Retail Store Licence)
Food Service – General Conditions (Policy Rationale;
Policies - 9.1.6)
Entertainment – Gambling in a Licensed Establishment
(Policies - 11.6.3)
Introduction – Introduction (Purpose and Format of This
Manual)
General Information – Licence Categories (Food Primary
Licence)
Premises – Capacity (Policies - 6.3.3)
Premises – Restaurant Lounges
Liquor Service and Sales – Type of Liquor Sold
Advertising and Signage – General Conditions ( Policies 13.1.3)
See Winery lounge and special event endorsements
M
Management contract
4.0
4.5
Terms & Phrases
Manufacturers of liquor
Section
#
2.1
Business Ownership and Changes to a Licence –
Introduction
Business Ownership and Changes to a Licence – Valid
Interest in a Licensed Establishment (Policy Rationale;
Policies - 4.5.5)
Section Name
General Information – Operating Environment (Client
INDEX
Page 27
Liquor Licensing Policy Manual
2.2
3.2
6.4
7.1
7.5
7.7
11.5
12.1
12.2
12.3
12.4
12.5
13.1
Meat draws
11.6
Menu
2.2
6.6
6.7
7.3
8.2
12.2
Terms & Phrases
Groups)
General Information – Licence Categories (Background;
U-Brew/U-Vin Licence; Manufacturer Licence)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.1; 3.2.5 )
Premises – Outdoor Patios (Policy Rationale)
Liquor Service and Sales – Type of Liquor Sold (Policy
Rationale)
Liquor Service and Sales – Replacement of Faulty Keg or
Spoiled Product by Brewer’s Agent (Policy Rationale)
Liquor Service and Sales – Special Conditions (Policies 7.7.8)
Entertainment – Games in a Licensed Establishment
(Policy Rationale; Policies - 11.5.4 – 11.5.6)
Licensee Relationships with Manufacturers –
General Conditions (Policy Rationale; Policies - 12.1.1;
12.1.2; 12.1.3; 12.1.4)
Licensee Relationships with Manufacturers –Promotional
Items (Policy Rationale; 12.2.1; 12.2.2; 12.2.3; 12.2.4;
12.2.5)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policy Rationale; Policies- 12.3.1; 12.3.2;
12.3.3;12.3.4; 12.3.6; 12.3.7)
Licensee Relationships with Manufacturers – Theme
Night Promotion (Policy Rationale; Policies- 12.4.2;
12.4.3; 12.4.4)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policies – 12.5.2; 12.5.3; 12.5.4; 12.5.5)
Advertising and Signage – General Conditions (Policies –
13.1.1)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policies - 11.6)
General Information – Licence Categories (Food Primary
Licence)
Premises – Restaurant Lounges (Policies - 6.6.1)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale; Policies - 6.7.1)
Liquor Service and Sales – Pricing (Policies - 7.3.2)
Management and Controls of a Licensed Establishment –
Consumption by Employees (Policy Rationale)
Licensee Relationships with Manufacturers – Promotional
Items (Policies- 12.2.1; 12.2.2)
Section
Section Name
INDEX
Page 28
Liquor Licensing Policy Manual
#
2.2
Military mess
(See also Liquor Primary
Club)
10.1
Mini-bar
7.7
8.1
General Information – Licence Categories (Liquor
Primary Licence)
Minors – General Conditions (Policy Rationale; Policies 10.1.3)
Liquor Service and Sales – Special Conditions (Policy
Rationale; Mini-bars, Policies - 7.7.5)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale; Policies - 8.1.5)
INDEX
Page 29
Liquor Licensing Policy Manual
Terms & Phrases
Minors
Section
#
2.1
2.2
3.1
3.2
5.3
6.4
6.5
7.1
7.7
8.2
8.3
8.4
10.0
10.1
10.2
11.2
11.3
11.4
11.6
12.3
Mobile food providers – eg.
Hot dog vendors
2.2
3.1
Motion Picture Act
11.3
Section Name
General Information – Operating Environment (Operating
Assumptions; Regard for Community Standards)
General Information – Licence Categories (Licensee
Retail Store Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.1)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policies - 3.2.3 )
Hours of Operation – Alternate Use (Policy Rationale;
Policies - 5.3.2; 5.3.3)
Premises – Outdoor Patios (Policy Rationale)
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale)
Liquor Service and Sales – Type of Liquor Sold (Policy
Rationale)
Liquor Service and Sales – Special Conditions (Room
Service; Stadiums; Downhill Ski Resort Areas; Policies 7.7.6; 7.7.9)
Management and Controls of a Licensed Establishment –
Consumption by Employees (Policy Rationale)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale;
Policies - 8.3.1)
Management and Controls of a Licensed Establishment –
Serving It Right Program (Policy Rationale)
Minors – Introduction
Minors – General Conditions
Minors – Minors as Entertainers
Entertainment – Live Stage Performances (Policy
Rationale; Policies - 11.2.3, 11,2.4)
Entertainment – Audio, Film, Video and Television
(Policies - 11.3.2)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale)
Licensee Relationships with Manufacturers –
Relationships with Manufacturers – Consumer Taste
Trials (Policy Rationale; Policies - 12.3.6 )
General Information – Licence Categories (Food Primary
Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policies – 3.1.2)
Entertainment – Audio, Film, Video and Television
(Policies - 11.3.2)
INDEX
Page 30
Liquor Licensing Policy Manual
Terms & Phrases
Motor vehicle
Section
#
2.2
3.1
Motor Vessel
3.2
7.7
10.1
Movie theatre
7.7
Music
11.2
11.3
11.4
Section Name
General Information – Licence Categories (Liquor
Primary Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.1)
Licensing Process – Applicant Eligibility Assessment
(Policies – 3.2.4)
Liquor Service and Sales – Special Conditions (Policy
Rationale; Policies – 7.7.3)
Minors – General Conditions (Policy Rationale; Policies –
10.1.3, 10.1.7)
Conditions for liquor sales and service in movie theatres
and live event theatres (Policies – 7.7.12)
Entertainment – Live Stage Performances (Policy
Rationale)
Entertainment – Audio, Film, Video and Television
(Policies - 11.3.2)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale; Policies 11.4.1)
N
Name change
4.2
Narcotic Control Act
3.2
New Year’s Eve
Newspaper advertisement for
licence applications
3.7
5.2
7.3
3.3
3.5
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policies - 3.2.2 )
Licensing Process – Licence Renewals (Policies - 3.7.1 )
Hours of Operation – Special Events (Policies - 5.2.1)
Liquor Service and Sales – Pricing (Policy Rationale)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.15)
Licensing Process – Licence Amendments (Policies 3.5.12)
INDEX
Page 31
Liquor Licensing Policy Manual
Terms & Phrases
Noise
Section
#
3.3
3.5
5.1
5.3
6.2
6.3
6.4
8.3
10.1
11.1
11.2
11.3
11.4
11.5
11.6
Non-alcoholic beverages
2.2
7.7
Notice of Intent
9.1
3.3
3.5
Section Name
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.2)
Licensing Process – Licence Amendments (Policy
Rationale; Policies - 3.5.1; 3.5.2)
Hours of Operation – Hours of Sale (Policy Rationale;
Policies - 5.1.2)
Hours of Operation – Alternate Use (Policy Rationale)
Premises – Structural Alterations (Policy Rationale)
Premises – Capacity (Policy Rationale; Policies - 6.3.2)
Premises – Outdoor Patios
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale)
Minors – General Conditions (Policies - 10.1.10)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.2)
Entertainment – Live Stage Performances (Policies 11.2.1)
Entertainment – Audio, Film, Video and Television
(Policies - 11.3.1)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale; Policies 11.4.2)
Entertainment – Games in a Licensed Establishment
(Policies - 11.5.1)
Entertainment – Gambling in a Licensed Establishment
(Policies - 11.6)
General Information – Licence Categories (Liquor
Primary Licence)
Liquor Service and Sales – Special Conditions (Policies 7.7.2)
Food Service – General Conditions
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.15)
Licensing Process – Licence Amendments (Policies 3.5.11)
O
Occupant load
3.4
3.5
6.2
6.3
6.5
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policy Rationale; Policies - 3.4.5;
3.4.6; 3.4.7; Plans Approval Guidelines)
Licensing Process – Licence Amendments (Policies 3.5.1)
Premises – Structural Alterations (Policies - 6.2.3)
Premises – Capacity
Premises – Adjoining Licensed and Unlicensed Areas
(Policies - 6.5.2; 6.5.3; 6.5.5)
INDEX
Page 32
Liquor Licensing Policy Manual
Terms & Phrases
Officers of a club
Section
#
4.2
Off-premise sales
7.1
7.6
7.7
8.1
Operating environment
Ordering liquor
13.1
2.1
7.2
Section Name
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policies - 4.2.6)
Liquor Service and Sales – Type of Liquor Sold (Policy
Rationale)
Liquor Service and Sales – Off-Premises Sales
Liquor Service and Sales – Special Conditions (Room
Service)
Management and Controls of a Licensed Establishment –
General Conditions (Policies - 8.1.2)
Advertising and Signage (Policies -13.1.1)
General Information – Operating Environment
Liquor Service and Sales – Ordering Liquor
P
Pari-mutuel betting (offtrack)
Parking
11.6
3.3
6.2
6.3
8.3
Partnerships
3.2
3.7
4.2
4.3
Patio
2.2
3.4
3.5
6.2
6.4
6.5
6.6
Patio umbrellas
12.2
Patron capacity
6.6
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policy – 11.6.2)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - .3.3.2)
Premises – Structural Alterations (Policy Rationale)
Premises – Capacity (Policy Rationale)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.2; 3.2.3 )
Licensing Process – Licence Renewals (Policies - 3.7.1 )
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale;
Policies - 4.2.1; 4.2.2)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment
(Policies - 4.3.1; 4.3.5)
General Information – Licence Categories (Liquor
Primary Licence; Food Primary Licence)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.2; Plans Approval
Guidelines)
Licensing Process – Licence Amendments (Policy
Rationale; Policies - 3.5.1)
Premises – Structural Alterations (Policies - 6.2.1)
Premises – Outdoor Patios
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale; Policies - 6.5.2)
Premises – Restaurant Lounges (Policy Rationale;
Policies - 6.6.3)
Licensee Relationships with Manufacturers – Promotional
Items (Policy Rationale; Policies - 12.2.2)
Premises – Restaurant Lounges (Policy Rationale;
INDEX
Page 33
Liquor Licensing Policy Manual
Policies - 6.6.4)
Terms & Phrases
Patron conduct
Section
#
8.3
11.1
11.4
11.6
Patron non-participation
entertainment
Patron participation
entertainment
11.4
2.2
3.5
6.3
10.2
11.1
11.2
11.4
11.5
Person capacity
2.2
3.3
3.4
3.5
6.2
6.3
6.5
Personal history
6.6
3.1
Personal suitability factor
Petitions
3.7
3.3
3.5
Section Name
Management and Controls of a Licensed Establishment –
Management of Patron Conduct
Entertainment – General Conditions (Policy Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment
General Information – Licence Categories (Food Primary
Licence)
Licensing Process – Licence Amendments (Policy
Rationale; Policies - 3.5.2)
Premises – Capacity (Policy Rationale)
Minors – General Conditions (Policies - 10.2.2)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.4; 11.1.6)
Entertainment – Live Stage Performances (Policy
Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
General Information – Licence Categories (Liquor
Primary Licence; Food Primary Licence)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.2)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policy Rationale; Policies - 3.4.4;
3.4.5; 3.4.6; 3.4.7)
Licensing Process – Licence Amendments (Policy
Rationale; Policies - 3.5.1)
Premises – Structural Alterations (Policy Rationale;
Policy - 6.2.2)
Premises – Capacity
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale)
Premises – Restaurant Lounges
Licensing Process – Stage 1: Application for a New
Licence (Policies – 3.1.5)
Licensing Process – Licence Renewals (Policies - 3.7.1 )
Licensing Process – Stage 3: Site and Community
Assessment (Liquor Primary Only) (Policies - 3.3.16)
Licensing Process – Licence Amendments (Policies 3.5.12)
INDEX
Page 34
Liquor Licensing Policy Manual
INDEX
Page 35
Liquor Licensing Policy Manual
Terms & Phrases
Picnic and tour areas –
winery endorsement
Section
#
1.0
2.2
3.4
4.4
4.5
5.1
6.5
7.1
7.3
8.1
9.1
10.1
10.2
11.1
11.2
11.3
11.4
11.5
Plans and plans approval
guidelines
3.4
4.4
6.1
6.2
6.3
11.4
Section Name
Introduction – Introduction (Purpose and Format of This
Manual)
General Information – Licence Categories (Manufacturer
Licence)
Licensing Process – Stage 4 Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Winery
Lounge, Special Event, Picnicking or Tour Area
Endorsements)
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policies - 4.4.3)
Business Ownership and Changes to a Licence – Valid
Interest in a Licensed Establishment (Policies - 4.5.5)
Hours of Operation – Hours of Sale (Policy Rationale;
Hours of Sale by Licensed Establishment)
Premises- Adjoining Licensed and Unlicensed Areas
Liquor Service and Sales – Types of Liquor Sold (Policy
Rationale; Policies - 7.1.5)
Liquor Service and Sales – Pricing (Policies - 7.3.6)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale; Policies - 8.1.8)
Food Service – General Conditions (Policy Rationale;
Policies - 9.1.1)
Minors – General Conditions (Policy Rationale; Policies 10.1.1; 10.1.5)
Minors – Minors as Entertainers (Policies - 10.2.1)
Entertainment – General Conditions (Policies - 11.1.2;
11.1.4)
Entertainment – Live Stage Performances (Policy
Rationale)
Entertainment – Audio, Film, Video, Television (Policy
Rationale; policies 11.3.1; 11.3.2)
Entertainment – Patron Participation and NonParticipation Entertainment (Policies - 11.4.2)
Entertainment – Games in a Licensed Establishment
(Policies - 11.5.1)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policy Rationale;
Policies - 4.4.3)
Premises – Posting of a Licence and Access to Approved
Plans
Premises – Structural Alterations (Policy Rationale;
Policy - 6.2.2; 6.2.3)
Premises – Capacity (Policies - 6.3.3)
Entertainment – Patron Participation and NonINDEX
Page 36
Liquor Licensing Policy Manual
Participation Entertainment (Policies - 11.4.4)
Terms & Phrases
Police
Section
#
Section Name
3.1
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.5)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.13)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.5)
Hours of Operation – Hours of Sale (Policies - 5.1.2)
Premises – Posting of Licence and Access to Approved
Plans
Liquor Service and Sales – Ordering Liquor (Policy
Rationale)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale)
Management and Controls of a Licensed Establishment –
General Consumption (Policy Rationale)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.2; 3.3.9)
Premises – Posting of Licence and Access to Approved
Plans
Liquor Service and Sales – Pricing
General Information – Licence Categories (Background)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.1; 3.1.2)
Premises – Outdoor Patios (Policy Rationale)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale)
Liquor Service and Sales – Special Conditions (Clubs)
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policies – 11.6.4; 11.6.6)
Relationships with Manufacturers – Contests (Policies 12.3.1;12.3.2)
Licensee Relationships with Manufacturers –Theme Night
Promotions (Policies - 12.4.3)
3.4
4.1
5.1
6.1
7.2
7.6
8.1
Population
3.3
Posting of licence
6.1
Price lists
Primary operating purpose of
licensed establishment
7.3
2.2
3.1
6.4
6.7
7.7
11.5
11.6
Prizes
11.6
12.3
12.4
INDEX
Page 37
Liquor Licensing Policy Manual
Terms & Phrases
Product Samples
Section
#
12.1
12.2
12.3
12.5
Product Vouchers
12.1
12.2
Promotional Items/Activities
11.5
12.1
12.2
12.3
12.4
12.5
Section Name
Licensee Relationships with Manufacturers – General
Conditions (Policies – 12.1.1)
Licensee Relationships with Manufacturers – Promotional
Items (Policies – 12.2.4)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policy Rationale)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policy Rationale; 12.5.2)
Licensee Relationships with Manufacturers – General
Conditions (Policies – 12.1.1)
Licensee Relationships with Manufacturers – Promotional
Items (Policy Rationale; Policies – 12.2.5)
Entertainment – Games in a Licensed Establishment
(Policies – 11.5.4;11.5.5; 11.5.6)
Licensee Relationships with Manufacturers – General
Conditions (Policy Rationale;12.1.1; 12.1.3; 12.1.4)
Licensee Relationships with Manufacturers – Promotional
Items (Policy Rationale; Policies- 12.2.1; 12.2.2; 12.2.3;
12.2.4)
Licensee Relationships with Manufacturers – Consumer
Taste Trials (Policy Rationale)
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policy Rationale; 12.4.1 – 12.4.5)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies – 12.5.1)
INDEX
Page 38
Liquor Licensing Policy Manual
Terms & Phrases
Public interest
Section
#
2.1
3.2
3.3
3.4
3.5
3.7
4.1
4.4
4.5
4.6
5.1
5.3
6.2
6.3
6.4
6.5
7.1
7.6
7.7
8.3
10.1
10.2
11.1
11.2
11.3
Section Name
General Information – Operating Environment (Operating
Principles)
Licensing Process – Stage 2: Applicant Eligibility Assessment
(Policies - 3.2.2)
Licensing Process – Stage 3: Site and Community Assessment
(Policy Rationale; Policies - 3.3.1; 3.3.6; 3.3.9; 3.3.11;
3.3.13; 3.3.14)
Licensing Process – Stage 4: Building Assessment and Issue
of a Licence (Policy Rationale; Policies - 3.4.1; 3.4.6)
Licensing Process – Licence Amendments (Policy Rationale;
Policies - 3.5.5; 3.5.8; 3.5.10)
Licensing Process – Licence Renewals (Policy Rationale;
Policies - 3.7.1)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.2)
Business Ownership and Changes to a Licence – Relocation of
a Licensed Establishment (Policy Rationale)
Business Ownership and Changes to a Licence – Valid Interest
in an Establishment (Policy Rationale)
Business Ownership and Changes to a Licence – Dormant
Liquor Primary Licences (Policy Rationale)
Hours of Operation – Hours of Sale (Policy Rationale: 5.1.2;
5.1.5; 5.1.6)
Hours of Operation – Alternate Use (Policy Rationale)
Premises – Structural Alterations (Policy Rationale)
Premises – Capacity (Policy Rationale; Policies - 6.3.2)
Premises – Outdoor Patios (Policy Rationale; Policies - 6.4.1)
Premises – Adjoining Licensed and Unlicensed Areas (Policy
Rationale; Policies - 6.5.1)
Liquor Service and Sales – Types of Liquor Sold (Policy
Rationale)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale)
Liquor Service and Sales – Special Conditions
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale; Policies 8.3.2)
Minors – General Conditions (Policy Rationale; Policies 10.1.1; 10.1.2; 10.1.3)
Minors – Minors as Entertainers (Policy Rationale; Policies 10.2.2)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.2)
Entertainment – Live Stage Performances (Policies - 11.2.1;
11.2.3)
Entertainment – Audio, Film, Video and Television
Entertainment – Patron Participation and Non-Participation
INDEX
Page 39
Liquor Licensing Policy Manual
11.4
Terms & Phrases
Public notice
Section
#
Section Name
3.3
Licensing Process – Stage 3: Site and Community
Assessment (Policies -3.3.13; 3.3.15; 3.3.16)
Licensing Process – Licence Amendments (Policies –
3.5.5; 3.5.10; 3.5.11; 3.5.12)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.9)
Licensing Process – Licence Amendments (Policies 3.5.8)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.16)
Licensing Process – Licence Amendments (Policies 3.5.12)
General Information – Operating Environment (Operating
Principles)
General Information – Licence Categories (Liquor
Primary Licence)
Premises – Capacity (Policy Rationale)
Liquor Service and Sales – Types of Liquor Sold (Policy
Rationale)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale)
Liquor Service and Sales – Special Conditions (Room
Service)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale)
Entertainment – Introduction
Entertainment – General Conditions (Policies - 11.1.3)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale)
Entertainment – Gambling In a Licensed Establishment
(Policy Rationale; Policy – 11.6)
Licensee Relationships with Manufacturers – Licensee
Advertising and Signs (Policy Rationale)
Advertising and Signage – General Conditions (Policy
Rationale)
3.5
Public opinion
3.3
3.5
Public response radius
3.3
3.5
Public safety
Entertainment (Policies - 11.4.2)
Entertainment – Games in a Licensed Establishment
2.1
2.2
6.3
7.1
7.6
7.7
8.3
11.0
11.1
11.4
11.6
12.4
13.1
R
Re-application
Reasonable measures
3.6
8.3
Receivership
4.2
Redlined area
3.4
Referendum
3.3
Licensing Process – Re-Application
Management and Control of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale;
Policies - 8.3.2)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policies - 4.2.8)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.4)
Licensing Process – Stage 3: Site and Community
INDEX
Page 40
Liquor Licensing Policy Manual
Assessment (Policies - 3.3.11; 3.3.12)
Terms & Phrases
Section
#
Section Name
Relocation
2.2
4.4
General Info – Operating Environment (LRS Licence)
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment
Renovations
4.0
Resident(s)
6.3
3.2
Business Ownership and Changes to a Licence –
Introduction
Premises – Structural Alterations (Policy Rationale)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.1; 3.2.3)
Licensing Process-Stage 3: Site and Community
Assessment (Liquor Primary Only) (Policies – 3.3.11;
3.3.12; 3.3.13; 3.3.16)
Licensing Process – licensing Amendments (Policy
Rationale – Policies 3.5.3; 3.5.10; 3.5.12)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.9)
Licensing Process – Stage 3: Site and Community
Assessment (Policies -; 3.3.10; 3.3.13; 3.3.14)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies 3.4.6)
Licensing Process – Licence Amendments (Policies 3.5.3; 3.5.6; 3.5.7; 3.5.8; 3.5.9; 3.5.10)
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policy Rationale;
Policies - 4.4.3)
Premises – Structural Alterations (Policies - 6.3.4)
Liquor Service and Sales – Off-Premises Sales (Policy
Rationale; Policies - 7.6.2)
Liquor Service and Sales – Special Conditions (Motor
Vessels; Policies - 7.7.3)
Entertainment – Patron Participation and NonParticipation Entertainment (Policies - 11.4.2; 11.4.4)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.2)
Licensing Process – Licence Renewals (Policies - 3.7.1)
Liquor Service and Sales – Special Conditions (Policies 7.7.2)
Management and Control of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale)
Management and Control of a Licensed Establishment –
Serving It Right Program (Policy Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment (Policies - 11.4.5)
Licensee Relationships with Manufacturers – Consumer
3.3
3.5
Resident manager
3.2
Resolution from local
government or First Nation
3.3
3.4
3.5
4.4
6.3
7.6
7.7
11.4
Responsible beverage service
3.2
3.7
7.7
8.3
8.4
11.4
12.3
INDEX
Page 41
Liquor Licensing Policy Manual
Taste Trials (Policies - 12.3.6)
INDEX
Page 42
Liquor Licensing Policy Manual
Terms & Phrases
Restaurant lounge
Room service
Section
#
7.7
8.1
Section Name
See Lounge Endorsement
Liquor Service and Sales – Special Conditions (Room
Service; Mini-Bars; Policies - 7.7.4)
Management and Control of a Licensed Establishment –
General Conditions (Policy Rationale; Policies - 8.1.5)
S
Sacramental Wine
Sale of a licensed
establishment
7.8
4.3
4.5
Seasonally-operated
establishment
Serving It Right
Share transfer
4.6.
4.2
4.3
Shareholders
4.2
4.3
7.7
Sign approval
3.1
Signs
3.1
3.3
3.5
11.1
11.3
12.2
13.1
Sacramental Wine (Policy Rationale; Policies 7.8.1
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale; Policies - 4.3.1)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policy Rationale)
Business Ownership and Changes to a Licence – Dormant
Liquor Primary Licences (Policies - 4.6.1)
See Responsible Beverage Service
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale;
Policies - 4.2.5)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale; Policies – 4.3.1; 4.3.4; 4.3.6; 4.3.7)
Business Ownership and Changes to a Licence – Legal
Name/ Internal Ownership Changes (Policy Rationale)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment (Policy
Rationale; Policies - 4.3.3; 5.3.6; 4.3.7)
Liquor Service and Sales – Special Conditions (Brew Pubs
– Tied House Exemption)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.9)
Licensing Process – Stage 1: Application for a New
Licence (Policies - 3.1.9)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.15)
Licensing Process – Licence Amendments (Policies 3.5.11)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.7)
Entertainment – Audio, Film, Video and Television
(Policies - 11.3.2)
Licensee Relationships with Manufacturers – Promotional
Items (Policies - 12.2.2)
Advertising and Signage – General Conditions (Policy
Rationale; Policies- 13.1.1; 13.1.3; 13.1.4; 13.1.5; 13.1.6)
INDEX
Page 43
Liquor Licensing Policy Manual
Terms & Phrases
Site and community
assessment
Section
#
Section Name
3.3
Licensing Process – Stage 3: Site and Community
Assessment (Policy Rationale; Policies - 3.3.1; 3.3.11;
3.3;13; 3.3.17; 3.3.18; 3.3.19)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.8)
Licensing Process – Licence Amendments (Policy
Rationale)
Licensing Process – Licence Renewals (Policies - 3.7.2)
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policy Rationale;
Policies - 4.4.3)
Hours of Operation – Introduction
3.4
3.5
3.7
4.4
5.0
Ski hills -see Downhill ski
resort areas
Snacks
2.2
7.7
9.1
Social Services tax
3.4
Socio-economic information
7.3
3.3
Special event area – See
Winery lounge and special
event area endorsements
Special occasion licence
Sponsorship
5.2
8.4
12.5
General Information – Licence Categories (Licensee
Retail Store Licence)
Liquor Service and Sales – Special Conditions (MiniBars; Policies - 7.7.2)
Food Service – General Conditions (Policy Rationale;
Policies - 9.1.2; 9.1.6)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.12)
Liquor Service and Sales – Pricing (Policies - 7.3.3)
Licensing Process – Stage 3: Site and Community
Assessment (Liquor Primary Only) (Policies - 3.3.2)
Hours of Operation – Special Events
Management and Control of a Licensed Establishment –
Serving It Right Program (Policies - 8.4.3)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies – 12.5.5)
INDEX
Page 44
Liquor Licensing Policy Manual
Terms & Phrases
Stadium
Section
#
Section Name
3.4
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Liquor
Primary Licensing of Stadiums)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policy Rationale)
Liquor Service and Sales – Types of Liquor Sold (Policy
Rationale; Policies - 7.1.2)
Liquor Service and Sales – Special Conditions (Stadiums;
Stadiums and Concert Halls – Tied House Exemptions;
Policies - 7.7.6; 7.7.7)
Minors – General Conditions (Policy Rationale; Policies 10.1.3; 10.1.8; 10.1.9)
Licensee Relationships with Manufacturers –General
Conditions (Policies-12.1.2; 12.1.3)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policies - 12.5.5)
Advertising and Signage – General Conditions (Policies –
13.1.1)
Hours of Operation – Special Events (Policy Rationale;
Policies - 5.2.2)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.4; Plans Approval
Guidelines for Liquor Primary Licensing; Plans Approval
Guidelines for Food Primary Licensing)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policies - 4.5.4)
Premises – Structural Alterations (Policies - 6.2.1)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale; Policies - 6.7.2)
Management and Control of a Licensed Establishment General Consumption (Policy 8.1.4)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.3; 11.1.7)
Entertainment – Live Stage Performances
Entertainment – Audio, Film, Video and Television
(Policy Rationale)
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale; Policies 11.4.1;11.4.3)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policies - 3.4.4)
Business Ownership and Changes to a Licence – Change
Approval Authority (Policies - 4.1.3)
Licensing Process – Stage 1: Application for a New
4.5
7.1
7.7
10.1
12.1
12.5
13.1
Staff parties
5.2
Stage - entertainment
3.4
4.5
6.2
6.7
8.1
11.1
11.2
11.3
11.4
Stairwells, licensing of
3.4
Statute barred
4.1
Statutory declaration
3.1
INDEX
Page 45
Liquor Licensing Policy Manual
Strippers
Terms & Phrases
Structural alterations
11.2
Licence (Policies - 3.1.5)
DELETED – October, 2008
Section
#
4.4
6.2
11.4
Section Name
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policies - 4.4.4)
Premises – Structural Alterations
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale; Policies 11.4.2)
T
Table
2.2
6.7
7.4
11.1
11.2
11.5
12.4
12.5
Take-out window
7.7
10.1
Taste trial – See Consumer
taste trial
Television
11.1
11.3
11.4
Temporary change in hours of
sale
5
5.1
Temporary permission to use
a licence
4.3
Test kitchens in licensee retail
12.3
General Information – Licence Categories (Food Primary
Licence)
Premises – Restaurant Operating Details and Furnishings
(Policy Rationale; Policies - 6.7.1)
Liquor Service and Sales – Dispensers and Drink Sizes
(Policies - 7.4.1)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.5)
Entertainment – Live Stage Performances (Policies –
11.2.3; 11.2.4)
Entertainment – Games in a Licensed Establishment
(Policy Rationale)
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policies - 12.4.2)
Licensee Relationships with Manufacturers—
Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies- 12.5.1)
Liquor Service and Sales – Special Conditions (Golf
Course Kiosks, Take-Out Windows, and Beverage Carts;
Policies - 7.7.2)
Minors – General Conditions (Policy Rationale; Policies 10.1.3)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.3)
Entertainment – Audio, Film, Video and Television
Entertainment – Patron Participation and NonParticipation Entertainment (Policy Rationale)
Temporary change as a temporary suspension or delicensing (Explanation of terms)
Hours of Operation – Hours of Sale (Policies - 5.1.5)
Business Ownership and Changes to a Licence – Change
in Ownership or Sale of a Licensed Establishment
(Policies - 4.3.9)
Licensee Relationships with Manufacturers – Consumer
INDEX
Page 46
Liquor Licensing Policy Manual
stores
Taste Trials (Policies - 12.3.2)
INDEX
Page 47
Liquor Licensing Policy Manual
Terms & Phrases
Theme night promotions
Section
#
Section Name
7.3
Liquor Service and Sales – Pricing (Policy Rationale;
Policies - 7.3.5)
Licensee Relationships with Manufacturers – General
Conditions (Policies - 12.1.2; 12.1.3)
Licensee Relationships with Manufacturers – Theme
Night Promotions (Policy Rationale; Policies- 12.4.2;
12.4.3; 12.4.4; 12.4.5)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policies – 12.5.1)
Licensing Process – Stage 2: Applicant Eligibility
General Information – Operating Environment (Operating
Principles)
Business Ownership and Changes to a Licence – Valid
Interest in an Establishment (Policy Rationale; Policies 4.5.5)
Entertainment – Gambling in a Licensed Establishment
(Policy Rationale; Policy - 11.6.2)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.5)
Liquor Service and Sales – Special Conditions (Stadiums
and Concert Halls – Tied House Exemption; Brew Pub –
Tied House Exemption; Policies - 7.7.7; 7.7.8)
Licensee Relationships with Manufacturers –General
Conditions (Policy Rationale; Policies- 12.1.2)
Relationships with Manufacturers –Manufacturer
Hospitality and Educational Activities (Policy Rationale;
Policies- 12.5.5)
12.1
12.4
12.5
Third party operator
Third party use of a licence
3.2
2.1
4.5
Ticket raffles
11.6
Tied house
3.2
7.7
12.1
12.5
Tour Area – See Picnic and
Tour areas
Tournaments
11.5
12.1
12.5
13.1
Traffic near establishment
3.3
Trains
6.2
6.3
10.1
Entertainment – Games in a Licensed Establishment
(Policy Rationale; Policies – 11.5.6)
Licensee Relationships with Manufacturers – General
Conditions (Policy Rationale; Policies- 12.1.3)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies- 12.5.5)
Advertising and Signage – General Conditions (Policies 13.1.1)
Licensing Process – Stage 3: Site and Community
Assessment (Liquor Primary Only) (Policies - 3.3.2)
Premises – Structural Alterations (Policy Rationale)
Premises – Capacity (Policy Rationale)
Minors – General Conditions (Policy Rationale; Policies 10.1.3; 10.1.8)
INDEX
Page 48
Liquor Licensing Policy Manual
Terms & Phrases
Travel
Section
#
12.1
12.5
Section Name
Licensee Relationships with Manufacturers –General
Conditions (Policy Rationale; Policies- 12.1.3)
Licensee Relationships with Manufacturers –
Manufacturer Hospitality and Educational Activities
(Policy Rationale; Policies- 12.5.3; 12.5.4)
U
UBrew/UVin
2.2
3.2
12.1
Unlicensed events
5.3
10.1
General Information – Licence Categories (Background;
UBrew/UVin Licence)
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.21; 3.2.5)
Relationships with Manufacturers –General Conditions
(Policies- 12.1.2)
Hours of Operation – Alternate Use
Minors – General Conditions (Policies - 10.1.1)
V
Valid interest
3.2
4.4
4.5
Veterans’ club
Video games arcade
2.2
3.1
11.1
11.5
Views of residents
3.3
3.5
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.1; 3.2.4)
Business Ownership and Changes to a Licence –
Relocation of a Licensed Establishment (Policies - 4.4.3)
Business Ownership and Changes to a Licence – Valid
Interest in a Licensed Establishment
See Liquor Primary Club
General Information – Licence Categories (Liquor
Primary Licence)
Licensing Process – Stage 1: Application for a New
Licence (Policy Rationale; Policies - 3.1.1)
Entertainment – General Conditions (Policy Rationale;
Policies - 11.1.2)
Entertainment – Gambling in a Licensed Establishment
(Policies - 11.5.3)
Licensing Process – Stage 3: Site and Community
Assessment (Policies - 3.3.11; 3.3.12; 3.3.13; 3.3.16)
Licensing Process – Licence Amendments (Policy
Rationale; Policies -3.5.3; 3.5.10; 3.5.12)
Vouchers – See Product
vouchers
W
Washrooms
6.5
8.1
Weapons
8.3
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale; Policies - 6.5.2)
Management and Controls of a Licensed Establishment –
General Conditions (Policy Rationale; Policies - 8.1.3)
Management and Controls of a Licensed Establishment –
Management of Patron Conduct (Policy Rationale;
Policies - 8.3.1)
INDEX
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INDEX
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Terms & Phrases
Wine
Section
#
Section Name
2.2
General Information – Licence Categories (Licensee
Retail Licence; U-Brew/U-Vin Licence; Manufacturer
Licence)
Hours of Operation – Hours of Sale (Hours of Sale by
Licence and Establishment Type)
Liquor Service and Sales – Type of Liquor Sold (Policy
Rationale; Policies - 7.1.2)
Liquor Service and Sales – Pricing (Policy Rationale)
Liquor Service and Sales – Dispensers and Drink Sizes
(Policy Rationale; Policies - 7.4.2)
Liquor Service and Sales – Off-Premises Sales (Policies 7.6.4)
Liquor Service and Sales – Special Conditions (Stadiums
and Concert Halls – Tied House Exemption)
Management and Controls of a Licensed Establishment –
General Conditions (Policy Rationale; Policies - 8.1.2;
8.1.6; 8.1.8)
Licensee Relationships with Manufacturers – Promotional
Items(Policies – 12.2.5 )
Licensee Relationships with Manufacturers –Consumer
Taste Trials (Policies - 12.3.2; 12.3.5; 12.3.6)
Licensee Relationships with Manufacturers –Theme Night
Promotions (Policies- 12.4.5)
Hours of Operation – Hours of Sale (Hours of Sale by
Licence and Establishment Type)
Management and Controls of a Licensed Establishment –
General Conditions (Policies - 8.1.6)
5.1
7.1
7.3
7.4
7.6
7.7
8.1
12.2
12.3
12.4
Wine, removal of unfinished
bottle
5.1
8.1
INDEX
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Liquor Licensing Policy Manual
Terms & Phrases
Winery lounge and special
event area endorsements
Section
#
Section Name
1.0
Introduction – Introduction (Purpose and Format of This
Manual)
General Information – Licence Categories (Manufacturer
Licence)
Licensing Process – Stage 3: Site and Community
Assessment (Policy Rationale; Policies 3.3.1; 3.3.3; 3.3.9)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Plans Approval Guidelines for Winery
Lounge or Special Event, Picnicking or Tour Area
Endorsement)
Licensing Process – Licence Amendments (Policy
Rationale; Policies – 3.5.1; 3.5.3)
Business Ownership and Changes to a Licence – Relocation
of a Licensed Establishment (Policies - 4.4.3)
Business Ownership and Changes to a Licence – Valid
Interest in a Licensed Establishment (Policies - 4.5.5)
Hours of Operation – Hours of Sale (Hours of Sale by
Licence and Establishment Type; Policy Rationale; Policies
– 5.1.3; 5.1.7)
Premises – Capacity (Policy Rationale; Policies – 6.3.1;
6.3.3; 6.3.4)
Premises – Outdoor Patios (Policies - 6.4.1; 6.4.3)
Premises – Adjoining Licensed and Unlicensed Areas
(Policy Rationale)
Liquor Service and Sales – Type of Liquor Sold (Policy
Rationale)
Liquor Service and Sales – Pricing (Policies - 7.3.6)
Management and Controls of a Licensed Establishment –
General Conditions (Policy Rationale; Policies - 8.1.3;
8.1.8)
Food Service – General Conditions (Policy Rationale;
Policies – 9.1.2; 9.1.4; 9.1.5)
Minors – General Conditions (Policy Rationale; Policies 10.1.1; 10.1.6)
Minors – Minors as Entertainers (Policies - 10.2.1; 10.2.2)
Entertainment – General Conditions (Policies - 11.1.2;
11.1.4)
Entertainment – Live Stage Performances (Policy
Rationale)
Entertainment – Audio, Film, Video and Television (Policy
Rationale; Policies – 11.3.1; 11.3.2)
Entertainment – Patron Participation and Non-Participation
Entertainment (Policy Rationale; Policies - 11.4.2)
Entertainment – Games in Licensed Establishment (Policy
Rationale; Policies - 11.5.1; 11.5.5; 11.5.6)
Entertainment – Gambling in Licensed Establishment
(Policies - 11.6.4)
2.2
3.3
3.4
3.5
4.4
4.5
5.1
6.3
6.4
6.5
7.1
7.3
8.1
9.1
10.1
10.2
11.1
11.2
11.3
11.4
11.5
11.6
INDEX
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INDEX
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Terms & Phrases
Section
#
Section Name
3.2
Licensing Process – Stage 2: Applicant Eligibility
Assessment (Policy Rationale; Policies - 3.2.2)
Licensing Process – Stage 4: Building Assessment and
Issue of a Licence (Policy Rationale; Policies - 3.4.1)
Premises – Outdoor Patios (Policy Rationale)
Entertainment – General Conditions (Policy Rationale)
Z
Zoning
3.4
6.4
11.1
INDEX
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