Weekly Liquor Industry Update: March 24, 2022
Dear ABLE BC Members and Industry Colleagues,
Here's what you'll find inside today's update:
Letter to Municipalities re: Reducing Patio Application Red Tape
TESA’s Expiring Soon, Apply for a Permanent Patio NOW
Vancouver Streamlines Summer Patio Program
COVID-19 Lessons Learned Survey
BC Employer Training Grant
Court Permits Fets Whisky Kitchen to Make Renewed Charter Argument to the Branch
go2HR Safer Spaces Registration Now Open
WORTH Association’s Gender Equity Audit
Vancouver & Victoria IVSA Buyer’s Salons
BCHF Scholarship Applications Now Open!
ABLE BC in the News
Find all past updates here.
Letter to Municipalities re: Reducing Patio Application Red Tape
ABLE BC has been working with our partner associations BC Restaurant and Foodservices Association (BCRFA), BC Craft Brewers Guild, and Restaurants Canada, on a letter to all municipalities regarding reducing patio application red tape and fees. This letter was sent to municipalities on March 17, 2022.
The guidelines that municipalities have set out for permanent patio programs have created additional fees, red tape, and duplication of efforts for businesses looking to retain patios built during the pandemic. These patios have served as an essential lifeline for many of our members and will continue to play a key role in recovery for months to come. Along with our partner associations, we are encouraging municipalities to consult directly with small businesses and industry associations on patio application processes.
Our key recommendations include:
Extend current patio programs without implementing new restrictions or fees;
Streamline approvals to ensure those small businesses who have been safely and successfully operating patios may continue to do so;
Increase flexibility for patio types and sizes as well as the number of patios allowed;
Increase the space use of existing patios or picnic areas to allow chairs to be spread out to meet distancing requirements;
Allow pop-up outdoor dining and manufacturer sampling spaces;
Allow and increase the use of parklets and public space for dining;
Allow any increase in patio, picnic area, or outdoor space to be considered a continuation of an establishment’s existing approved alcohol service area or manufacturers’ sampling area to provide samples and not require additional endorsements or authorizations; and
Coordinate with any relevant bodies—such as the Liquor and Cannabis Regulation Branch, Fire Department, etc.—to reduce red tape and speed approval timelines wherever possible.
Read the full letter here.
TESA’s Expiring Soon, Apply for a Permanent Patio NOW
If you are planning to install a patio this summer, you need to take urgent action now. TESA applications from last year are expiring soon and do not provide approval for patios this coming summer
On June 15, 2021, the LCRB extended the deadline for currently approved Temporary Expanded Service Areas (TESAs) to expire on June 1, 2022.
This means that if you have not made the service area under your TESA permanent by applying for a permanent structural change (e.g., applying for a patio), your TESA will expire on June 1, 2022 and you will not be able to sell or serve liquor in the expanded space.
It’s very important to note that it can take up to 10 months to get your application approved. Licensees who have not yet applied are now at risk of their TESA expiring before they can get approval for a new outdoor patio or structural change.
You can find more information on how to apply via the LCRB’s website.
Please note, not all TESA authorizations will be viable permanent patios. Before you apply and pay the fee, it is your responsibility to work with your local government and authorities to make sure the TESA you want to make permanent complies with all local permits, guidelines, bylaws and requirements.
To apply you will need:
An updated floor plan that clearly shows the structural change
These plans generally require an occupancy load
If you are a Liquor Primary or Manufacturer licensee, your structural change application will be sent to your local government for their comments.
To apply as a Liquor Primary or Food Primary licensee:
Log in to the liquor and cannabis licensing portal with a BCeID
Go to the "Licences and Authorizations" dashboard and find the licence you want to change.
Select:
"New Outdoor Patio" for an outdoor TESA or
"Structural Change Application" for an indoor TESA
Complete the application.
You can find more information here.
If you have questions about your expiring TESA or applying for a permanent structural change, we encourage you to contact a liquor licensing consultant. Check out the ABLE BC Buyer’s Guide for recommended consultants.
Vancouver Streamlines Summer Patio Program
On March 2nd, Vancouver opened applications for the 2022 Summer Patio Program. Since then, the city has received and listened to feedback from industry and is now streamlining the application process.
ABLE BC and BC Restaurant and Foodservices Association (BCRFA) have been working with municipal and provincial partners to ensure this process is as easy as possible for our members. We know that keeping the temporary patios built during the pandemic is essential to your profitability and guest experiences.
Key changes to the application process include:
Simplified drawing requirements
Businesses are no longer required to submit interior drawings or seating layouts for the City’s patio permit application, as long as no change in total occupancy is proposed.
For businesses that previously held a Temporary Expedited Patio Program permit, and are applying for the same patio as last year: You can re-submit the same drawing that was part of the TEPP permit.
For businesses who are applying for a patio for the first time, or are proposing to change their patio from last year: A simple scaled dimensioned exterior drawing is required. These don’t need to be done by a professional architect, do not need a professional stamp or seal, and can be done on computer or by hand – as long as they are accurate, to scale, and have dimensions and labeling.
Allowance to transfer up to 50% of existing seating capacity to a patio
For the 2022 summer patio season, the City will allow restaurants to transfer up to 50% of existing seating capacity from indoors to a patio. (This replaces the 20% transfer + up to 12 additional seats that was offered in the original program.) Total seating capacity for the restaurant must remain the same.
This transfer of seating gives restaurants more flexibility to offer outdoor dining options, as some patrons may not yet be comfortable dining indoors.
Important: To transfer seating to your patio, you must submit a completed Summer Patio Occupant Load form with your application.
For restaurants looking to increase their overall occupancy, please follow the application process on the City website – and expect it will take longer.
Allowance to extend curbside patios in front of neighbouring businesses
For the 2022 summer patio season, the City will continue to allow curbside patios to extend across up to one neighbouring business frontage, in either or both directions (similar to TEPP). A letter of consent is required from the neighbouring business. This will allow many restaurants to achieve the same patio they had last year.
Allowing patios to extend across neighbouring frontages also gives staff flexibility to create better solutions for the public realm, for example: to shift patios for City utilities, avoid trapped or partial parking spaces, and create loading areas and accessible parking spaces on the block.
Fees apply for all 2022 patio programs to cover administration costs, which include formalized requirements to ensure the patios are safely integrated into our public realm. Fees vary with the size, type, and location of patio.
Tips to Get Your Patio Permit Approved Faster:
Beat the rush: apply for a Summer Patio Permit as soon as possible.
Expect to begin the patio season with shifting up to 50% of your seats outdoors. Applying for additional overall seating capacity will take longer.
If you want a Year-Round patio, first apply for a Summer Patio permit, and then a Year-Round Patio permit later in the season. This will help avoid delays at the start of patio season.
Resources for Applicants
COVID-19 Lessons Learned Survey
The Province is launching an independent review and public consultation on government’s operational response to the COVID-19 pandemic to better inform preparations and responses to future emergencies and ensure British Columbians are protected.
Until April 20, 2022, you can provide written feedback about how your business has been affected by government’s operational measures and communication throughout the pandemic.
A report with a comprehensive summary of the findings is expected by the fall.
Click here to submit your feedback.
BC Employer Training Grant
The BC Employer Training Grant (ETG) program supports skills training to address provincial labour market needs. The program is delivered by the Province of British Columbia and is funded by the Government of Canada through the Workforce Development Agreement (WDA).
The goal of the ETG is to help British Columbians access the skills training needed to adapt to the changing requirements of jobs and the labour market while encouraging employer involvement in the training of their employees.
Employers are eligible to receive up to $300,000 per fiscal year (April 1 – March 31). Reimbursement amounts vary between 60% and 100% depending on the training stream. If approved, employers are to pay for all costs in full and, after training has started, submit a reimbursement claim.
Apply for the Employe Training Grant here.
Court Permits Fets Whisky Kitchen to Make Renewed Charter Argument to the Branch
By: Shea Coulson*
Fets Whisky Kitchen’s saga with its seized scotch whiskey continues. On June 6, 2019 Fets was penalized by the Liquor and Cannabis Regulation Branch (the “Branch”) for purchasing liquor for resale from an unauthorized vendor. The Branch ordered Fets to pay $3,000 and refused to return the seized scotch whiskey. Fets tried to bring an argument at the Branch hearing that the evidence of the search that found the whiskey should be excluded from the hearing because the Branch breached Fets’ Charter right against unreasonable search and seizure by not first obtaining a warrant prior to the search and seizure. Fets sought documents about the investigation’s purpose from the Branch prior to the hearing but the Branch denied Fets’ application for those documents. Fets applied for reconsideration by a second Branch delegate, but was denied. Fets then brought a judicial review of those decisions to the BC Supreme Court.
In its March 14, 2022 decision, the Supreme Court of BC agreed with Fets that the Branch ought to have disclosed documents relating to the investigation that ultimately led to the Branch seizing liquor from Fets’ premises. Because the Branch did not provide this documentation to Fets, the administrative penalty hearing was procedurally unfair. The court ordered the Branch to produce these documents to Fets and then hold another hearing that will allow Fets to make its Charter argument with the new evidence.
This decision confirms that licensees are entitled to full disclosure of all information relevant to any issues the Branch or a licensee raises in an enforcement hearing. However, the court did not comment on the merits of Fets’ case and whether the whiskey should be returned to it. The central question of whether the Branch required a warrant before searching Fets’ premises and seizing the scotch whiskey must now be reconsidered by the Branch. It remains to be seen how the Branch will respond to Fets renewed Charter argument and it may be that this case will be back before the BC Supreme Court in the future.
*Shea Coulson is a commercial disputes and regulatory lawyer at McMillan LLP
Click here to read the ruling.
go2HR Safer Spaces Registration Now Open
Safer Spaces: Creating Sexual Harassment Free Workplaces in BC’s Tourism and Hospitality Industry is a free online course that supports employers and supervisors in creating workplaces that are free from sexual harassment.
Safer Spaces was designed by a team of experts convened by go2HR. The project team is united by a commitment to reduce the stigma around workplace sexual harassment and a desire to champion the topic as an integral element of workplace education and training.
Grounded in storytelling, the course opens with a scenario at a tourism business where a new manager faces a potential disclosure of sexual harassment involving a worker. Participants learn, along with the characters, how to respond to the situation appropriately and how to implement important measures to help prevent sexual harassment in the future.
Click here to learn more, and click here to register.
WORTH Association’s Gender Equity Audit
On November 17th, 2021, WORTH Association brought 50 industry professionals together at Vancouver Lookout for a solutions-oriented workshop. CapU students, The Sociable Scientist, and WORTH Board of Directors led participants through a series of discussions on inclusion, rewards, advancement, retention, flexibility, and fair treatment.
In the first study of its kind in BC, they worked to determine how we can collectively ensure more women take a seat at the table. From these findings, they compiled recommendations and best practices to support the empowerment of women in our industry.
You can complete this self-audit to understand your current involvement in retaining and developing women of recreation, tourism, and hospitality.
Click here for more information.
Vancouver & Victoria IVSA Buyer’s Salons
The Vancouver & Victoria IVSA Buyer’s Salons are coming up soon! RSVP to admin@ivsa.ca now to sample products from 30+ liquor agents.
Vancouver Salon
When: Monday, April 4th, 2022, 12:30-4:00 pm
Where: The Vancouver Club, 915 W Hastings Street
Victoria Salon
When: Wednesday, April 6th, 2022, 12:30-4:00 pm
Where: Rock Bay Powerhouse, 2110 Store Street
Please note, proof of vaccination will be required. Attendance may be restricted to the following: licensee buyers, proprietors, sommeliers, managers, chefs, media, and BCLS product consultants only.
RSVP to admin@ivsa.ca.
BCHF Scholarship Applications Open Now!
The BC Hospitality Foundation (BCHF) is pleased to announce it is now accepting applications for the scholarships it administers. The deadline for most scholarship submissions is March 31, 2022.
In 2022, the BCHF scholarship program will be the largest ever, at over $65,000, and there are new scholarships dedicated exclusively to supporting members of underrepresented groups such as First Nations and members of the LGBT2Q+ community. All applicants must be committed to working in British Columbia for at least the next two years.
Click here for more information
ABLE BC in the News
In case you missed it, ABLE BCs President, Yvan Charette, was on 980 CKNW Mornings with Simi on March 18, 2022.