July 20, 2018
Recently, the Liquor and Cannabis Regulation Branch (formerly the Liquor Control and Licensing Branch) released a new liquor policy directive.
The LCRB explains: “This directive clarifies minor omissions and inconsistencies that have surfaced since the new Liquor Control and Licensing Act was passed in 2015.
The amendments include clarification on employing minors, the due diligence defence for minors, the disclosure of information or records, and the acceptance of alternative ownership arrangements for licensees.”
These policy changes are in effect immediately and include:
Employment of minors
Under the former policy, minors may only be employed by a licensee or permittee as set out in the regulations. Now, the General Manager (GM) can set minor employment provisions by terms and conditions.
Due diligence defense for minors
Under the former policy, a licensee or permittee, an employee of either of them, or a person who sells liquor in a liquor store contravenes the LCLA if they are found to have admitted or employed a minor in an establishment, service area or event site where minors are not permitted.
Now, they do not contravene the LCLA if they admit or employ a minor in an establishment, service area or event site where minors are not permitted if they have required the individual to produce identification, which they have examined and believe to be authentic.
Disclosure of information or records
Under the former policy, the LCLA allows information or records to be disclosed to another person if the disclosure is for the purposes of administering the LCLA.
The LCLA now allows information or records to be disclosed to another person for the purposes of administering and enforcing both liquor and cannabis-related legislation, including the Liquor Distribution Act, the Cannabis Distribution Act and the CCLA and associated regulations under those Acts.
Ownership and agreement requirements
Under the former policy, an applicant must own or lease the place or premises tied to the licence or the proposed licence.
Now, the GM has the authority to accept alternative ownership arrangements, such as a sublease, provided the arrangement gives the applicant adequate control over the establishment.