Staff Report to Council - Changes to Liquor Licencing Procedures from the Liquor Control and Licensing Branch (LCLB)

Staff Report to Council

Date: March 6, 2017
Department: Planning
Subject: Changes to Liquor Licencing Procedures from the Liquor Control and Licensing Branch (LCLB)

Background

On January 23rd, 2017 the Liquor Control and Licensing Branch (LCLB) made changes to the way they consider businesses applying for a liquor licence for sale or consumption on site.

Currently the LCLB requests Council resolution for liquor primary licenses, certain changes to licences, and temporary liquor licenses done through a special event license. In the past Council has opted out of providing comment or resolution for these licenses and has instead deferred them back to the LCLB and their processes.

City of Langford’s only review of licensed establishments is through a business license application where Planning staff ensure the business use complies with Langford’s Zoning Bylaw 300 regulations to allow liquor consumption and/or sale on site. As well building department staff review a business license application for safety and compliance to building code while bylaw enforcement officers review it against public safety and municipal standards bylaws.

Commentary

Changes to the liquor laws mainly revolve around what types of businesses may serve alcohol and the process they must go through to obtain approval to do so.

Previously businesses licenced as liquor primary businesses were mainly limited to pubs, entertainment establishments, and night clubs. With the new liquor regulations any business may apply for a liquor primary license unless they operate out of a motor vehicle or are primarily directed at minors. This means, for example, retail businesses, spas, beauty salons, funeral homes and art galleries are now eligible to serve alcohol.

With these new changes all liquor license applications will now be subjected to Council resolution unless Council wishes to delegate this task to staff or to opt out of the process altogether. If Council wishes to provide a resolution on a liquor license application, Council, or a staff delegate, must comply with the applicable local government legislation and section 40 of the Liquor Control and Licensing Act. Council or the delegate can specify some or all types of liquor licensing applications, and must be very specific (for example, all applications to extend closing times up to 2 a.m., or all applications where public input resulted in no more than five letters of opposition). A local government that has delegated authority to staff will be required to send a copy of the delegation to the LCLB describing the chosen parameters. Regardless of Council’s decision to opt out of providing the LCLB with a resolution, Langford Staff can still review the liquor license application through a business license application, for new licensed businesses or through the LCLB application process for changes to the licensed status of an existing business.

Options / Staff Recommendations (verbatim)

Option 1:

1. Council provides resolutions in accordance to Section 40 of the Liquor Control and Licensing Act.

OR Option 2:
2. Council delegates commenting on licensing applications to City staff, who do so in accordance to Section 40 of the Liquor Control and Licensing Act.

OR Option 3:
3. Council decides to opt out of providing resolutions to the Liquor Control and Licencing Branch.

Appendix A

Section 40 of the BC Liquor Act:

Delegation by local government regarding comments and recommendations

40 (1) Despite section 154 (2) (c) of the Community Charter, a council as defined in that Act may delegate its powers and duties under section 38 (2) or (3) of this Act.

(2) If a council referred to in subsection (1) delegates its powers and duties under section 38 (3) of this Act, an applicant whose application is the subject of delegated comments and recommendations under that section has the right to have the delegated comments and recommendations reconsidered by the council, and section 156 of the Community Charter applies as if the council had delegated a power to make a decision.

(3) Despite section 10 of the Islands Trust Act, the trust council as defined in that Act may delegate its powers and duties under section 38 (2) or (3) of this Act.

(4) If the trust council referred to in subsection (3) delegates its powers and duties under section 38 (3) of this Act, (a) the trust council must, by bylaw, establish procedures for a reconsideration of delegated comments and recommendations, including how a person may apply for a reconsideration, (b) in undertaking a reconsideration referred to in paragraph (a) of this subsection, the trust council has the same authority as that conferred on the delegate, and (c) the delegate must advise the applicant whose application is the subject of the delegated comments and recommendations of the applicant's right of reconsideration.

(5) Despite section 229 (2) (e) of the Local Government Act, a board as defined in that Act may delegate its powers and duties under section 38 (2) or (3) of this Act.

(6) If a board referred to in subsection (5) delegates its powers and duties under section 38 (3), an applicant whose application is the subject of delegated comments and recommendations under that section has the right to have the delegated comments and recommendations reconsidered by the board, and section 232 of the Local Government Act applies as if the board had delegated a power to make a decision.

(7) If the Council as defined in the Vancouver Charter delegates its powers and duties under section 38 (3) of this Act to make comments and recommendations, (a) the Council must, by bylaw, establish procedures for a reconsideration of delegated comments and recommendations, including how a person may apply for a reconsideration, (b) in undertaking a reconsideration referred to in paragraph (a) of this subsection, the Council has the same authority as that conferred on the delegate, and (c) the delegate must advise the applicant whose application is the subject of the delegated comments and recommendations of the applicant's right of reconsideration.

Respectfully submitted,

:lhm