Update for Liquor & Food Primaries: Selling liquor with takeaway & delivery meals

Dear ABLE BC members and industry colleagues,

As you know, earlier this year, the provincial government permanently authorized liquor and food primaries to sell packaged liquor of all types for off-site consumption with a meal for takeout or delivery.

In July, government announced liquor and food primaries could also package and sell single-serving, pre-mixed drinks with a meal for takeout or delivery.

In October, the policy was further expanded to permit licensees to package and sell unmixed drinks for takeout or delivery, such as a glass of wine, cider, draft beer, or an unmixed ounce of spirit, with a meal.

For more information on the policy please refer to the Terms and Conditions Handbooks and the following policy directives:

This policy change was intended to provide long-term financial support to the hospitality industry and aid industry recovery from the pandemic. We know many of you use and fully comply with the policy.

Unfortunately, we have heard increasing reports of some licensees not abiding by the conditions of these directives. It is imperative that all licensees stop these non-compliant activities immediately.

To be clear: if you are selling liquor with takeout or delivery, it must be sold with a meal. (Note: this is separate from and does not apply to licensees with an actual off-sales endorsement on their license.)

While a meal has not been clearly defined by government, we ask that licensees use their common sense and judgment when it comes to defining a meal. For instance, a bag of chips or chocolate bar clearly does not meet the intention of the permission.

Government has expressed concern that some establishments are not following the rules and is calling on all licensees to voluntary comply with these policies. If industry fails to comply, government may introduce more stringent measures or remove the permissions altogether.

Licensees should also not be setting up self-serve, retail-looking spaces in their establishments. Compliance & Enforcement Inspectors are reporting that some Food and Liquor Primary licensees are setting up retail spaces where liquor is displayed in open refrigerated floor cabinets or open shelves accessible to patrons for self-service, which is contrary to the purpose of the license and inconsistent with the intention of the provision.

Food and Liquor Primaries who are offering liquor for takeaway with a meal must ensure the sale and service is consistent with how that liquor would be sold or served in the normal course of business - the liquor is kept under the care and control of the licensee or staff and is not accessible to patrons.

As we have previously noted, government will not allow this policy to unintentionally create over 8000 new liquor retailers. Liquor primaries and food primaries are prohibited from acting like, or promoting themselves, as liquor retailers. Government also recently extended the moratorium on new LRS licenses until 2032.

If you have any other questions or concerns, please contact ABLE BC: info@ablebc.ca.

Ann Brydle