In addition to our offices in Vancouver, Kamloops, Vancouver Island and Toronto, Rising Tide now has a new office in Prince George, serving Northern BC.
We are pleased to announce as well that Laura Scagliati has joined the RTC team as a Senior Licensing Specialist. Laura comes to us from the LCRB where she has developed extensive knowledge of licensing rules and regulations and served as the LRS and liquor licensing expert for the past 9 years.
We are excited to have her level of expertise added to our talented team of consultants at Rising Tide. Here are our years of service in the industry.
Bert Hick – 37 years plus 2 years as General Manager of the LCRB
Edna Lizotte – 10 years
Kim Norbury – 30 years
Susan Mander – 18 years
Christina Beheeler – 6 years
Rising Tide remains committed to optimizing your business growth potential through licensing opportunities and strategic operational guidance.
We are here to help
If you need guidance with your liquor licensing, cannabis licensing, compliance issues or business operations, get in touch with us!
The 2024 version of the BC Building Code, which came into effect on March 8, 2024, now mandates the installation of visual signal devices (strobe lights) in washrooms for restaurant projects outside of Vancouver as part of the fire alarm system design. This applies to new restaurants and existing restaurants that are undergoing renovations only.
These devices are meant to assist in the safe evacuation of occupants who are deaf or hard of hearing, or in spaces where music and other sounds may reach higher-than-normal decibel levels. This requirement is new to the building code, and failing to address it during the project’s design stage could result in expensive change orders during construction and schedule delays. For more information contact our trusted partner and expert in this field, Archos Engineering Consultants.
All Temporary Extended Service Areas (TESA) Expire December 31st, 2024
This is a reminder that the LCRB’s Temporary Extended Service Areas (TESAs) will expire on Dec 31/2024. This means that businesses with TESA-licensed patios (from the pandemic era) must apply to the LCRB for permanent licensing for their patios.
LCRB staff mentioned to us that they haven’t received as many applications as they would expect and we strongly encourage those who have not secured their permanent patio licensing to reach out to us. We don’t want you to get caught without a patio next year!
You may have a summer patio permit from the City of Vancouver, but if it is a TESA, the patio area is no longer licensed by the LCRB / Province of British Columbia.
The good news is, that we are experts in successful patio applications and are ready to help you facilitate your permanent license.
Bert Hick, along with some other well known Vancouverites, participated in a fundraiser for Crime Stoppers recently. Bert Hick was “arrested” by Metro Vancouver Crime Stoppers on September 13th with the intention to raise bail money to contribute to a great fundraising effort.
We supported Crime Stoppers in this initiative as they are a non-profit organization that works hard to keep us safe in our communities. They rely on events like these to continue their operation that provides a safe and anonymous way to report criminal activity. Information that may not be reported due to fear of retaliation or involvement. Since the program’s inception, over 8,100 arrests have been made and over ½ a billion dollars and property has been recovered.
Thank you to all who donated Bert’s bail money to get him released from ‘jail’, we are happy to have him back in the office!
Client Spotlight
The Seaside Hotelat the Shipyards in North Vancouver just completed a full Structural Change to double the size of their beautiful restaurant space.
Cristalina Parc Senior Living Facility in Kelowna just received full Food Primary licensing. This is Lakeview living at its finest, located just a block from Pandosy Waterfront Park and the boardwalk to Lake Okanagan.
Cielito Lindohas approval for their liquor license so they can serve you some yummy margaritas with their upscale Mexican fare! Visit them at 122 West Hastings in Vancouver.
What is a ‘PPE’ and should you have one?
A Patron Participation Entertainment Endorsement offers a variety of entertainment options, including: dancing, singing, stand-up comedy, open mike and trivia nights. You can also host dinner parties, weddings, and birthdays – provided that food service is available at all times and remains the primary focus of the establishment. This endorsement is valid until Midnight (no matter the hours of permitted operation listed on the licence.)
After many months of advocating on behalf of our valued clients, we are very pleased to announce that beginning August 20, 2024, an LRS licensee may apply to temporarily relocated their license if they meet the following criteria.
Repairs are necessary because the store was substantially damaged by fire, flood, or other event beyond the licensee’s control; or
Significant alterations to or renovations of the store are to be carried out by a person other than the licensee; or
The licensee intends to carry out significant alterations to the store and has reasonable grounds to believe that it would be impractical to continue to operate while alterations or renovations are made.
The store may move within 250 meters of their current location, or outside of that area, the store must be 1KM distance from another LRS license. The change will allow LRS licensees to apply to temporarily relocate their store for five years. A one-time request may be made to extend operations at the temporary location for no more than two years.
For more information on how this can impact your business, contact us!
The City of Burnaby has recently been reviewing their Liquor and Cannabis policy framework to better streamline their approach to reviewing applications and aligning themselves more with the provincial regulations to reduce the workload upon their staff.
The Staff’s proposed policy update was approved during a Planning & Development Committee meeting on July 10th and is scheduled to be adopted July 23rd.
Staff are recommending policy positions, which reflect an approach in line with the following goals and objectives:
to update the City’s guidelines and processes to better align with current LCRB policies;
to create a clear and concise policy document, providing transparency and direction for the benefit of both applicants and City staff;
to reduce Liquor and Cannabis application processing timelines and costs for applicants, creating a more favourable business environment for both small and large operators;
to reduce Council time spent reviewing applications, which are deemed to be relatively innocuous from a public safety standpoint and elicit significant concerns from the public; and,
to support Burnaby’s sustainability and complete community goals, by helping to provide a wide range of services and amenities throughout Burnaby.
The notable updates include:
adding a maximum number of new public and Private Liquor or Cannabis store licences over a specific span of years
allowing both Liquor stores and Cannabis stores to be located at least 1KM from another store of the same type, which is inline with the provincial moratorium
updating zones C1, C2 and C3 to allow liquor or cannabis retail stores as an outright permitted use.
Unlike most other municipal distancing criteria, there was no mention in the updated policy framework that new cannabis retail stores will need to be any specific distance from sensitive use areas, such as schools, parks or community centres, which is surprisingly good news for operators.
Staff at the city have advised Rising Tide Consultants that they could start accepting applications immediately after adoption of the policy on July 23, however, applications would not be able to proceed to Council until the required bylaw amendments were in place, and noting the City will only accept an application for a retail cannabis store after the application is referred to the City from the Province.
For more information on this policy update, get in touch with us. We are here to help!
MacKenzie, BC is about to have it’s first Brewery! Rising Tide is proud to announce the approval for Mackchu Brewing’s new brewery license with tasting lounge. They will be open 9AM to 11PM daily so be sure to stop by for a refreshing, delicious brew once they are open. Coming Soon!
We are pleased to have worked with Vancouver’s Burrard Queen to obtain their Liquor Primary license. This luxury charter yacht experience offers two spacious levels for up to 225 people and can include lavish buffets or formal sit-down meals, live shows & music or even your own theme party. Contact them today for your next special event!
New Restrictions On Plastic Containers Significantly Impact Stadiums In BC
As of July 15, 2024, there will be restrictions on certain plastics through B.C.’s Single-Use and Plastic Waste Prevention Regulation.
The current Liquor Primary Licence Terms and Conditions and Liquor Policy Manual require stadiums to serve liquor in disposable containers (e.g., plastic or paper) to ensure the safety of spectators.This change will require stadiums to comply with B.C.’s Single-Use and Plastic Waste Prevention Regulation when using plastic containers for serving liquor in stadiums.
We all love to cheer on our Canucks during the playoffs, but we are urging our clients to remember to create a safe and compliant environment for their patrons this season.
Responsible alcohol service is essential in keeping our city safe for these upcoming celebrations, so please be vigilant in enforcing your liquor service policies and ensure that proper ID practices are always adhered to.
Remember if you are caught serving alcohol to a minor you will be fined $7,000 on the spot! Over-service is a key factor in situations escalating to a point no one wants to see, so watch your guest’s consumption closely.
Alcohol products purchased to-go must be accompanied by a meal, and by this we mean not just a bag of chips. Want to know what constitutes a “meal” in this instance? Give us a call
Both the VPD and inspectors from the LCRB will be out in full force during the games so be sure to have the following items up to date and ready to show if they pay you a visit:
Serving it Right certificates for all serving staff
Your liquor & business license posted correctly
Current floor plan
Liquor register
Alcohol Sense Materials
Policy & Procedures Manuals that outline responsible liquor service
Missing some items? Have questions about getting this all organized in time? We are here to help!
Let’s all work cooperatively with our enforcement teams that are working hard to protect the citizens of Vancouver and prioritize mindful service and safety practices so that we can have a fun, successful Stanley Cup playoff season!
The team at Rising Tide Consultants has been researching avenues to help industry in the defence against the Government’s Minors as Agents program.
The Minors as Agents program is funded and regulated by the Liquor and Cannabis Regulation Branch, whereby “youthful-appearing adults” are recruited to attempt to purchase liquor on the Branch’s behalf. The issue is the agents can often appear older, and if a judgment call is made to not ask for ID, the business can be in some very hot water.
One of the key resources Rising Tide has discovered is a revolutionary POS and Payment Processing System all in one convenient hand held device. Endorsed by Forbes as the #1 restaurant POS system with over 93,000 restaurant locations around the world, Toast is now available in Canada.
The functionalities are 100% geared towards hospitality venues with one very important one that will aid in prevention of a $7,000 fine and possible subsequent 21 day suspension of your liquor license, which are the penalties if you are caught in non-compliance with the Minors as Agents program.
You can customize the POS to default to an initial screen reminding the service staff to check for valid ID that requires acknowledgment before they are allowed to proceed to processing any order. This should not only prevent the service of alcohol to minors, but if an infraction does occur, then you have a strong defence of due diligence.
There is also an SOS functionality that the service staff can press a button that immediately communicates a distress message to your desired printer location in the event of an intoxicated, belligerent or difficult customer interaction. This is mapped to the table directly and is invisible to the customer.
For more information on Toast and deeper insight on how you can guard your business against the MAP, contact us directly.
Vancouver City Council met Wednesday, Dec 13, 2023 on some very important issues for Industry.
We are proud to be a member of the Hospitality Task Force with key industry partners, including the BCRFA, ABLE BC, Restaurants Canada, The Craft Brewer’s Guild and the BCHA that has been advocating to the city on the following key issues. We are pleased to report some impactful wins! Vancouver is no longer “No Fun City.”
The existing licensing moratoriums for Granville Street, Chinatown and Gastown have been eliminated so those areas of Vancouver are now open for new business licenses or expansion of existing licensed establishments.
“With respect to the moratorium on Granville Street, my view is moratoriums just prop up the dinosaurs, it does not allow for creativity, innovation, and a new opportunity to breathe life in. You’re just propping up the cheap bars, with cheap drinks, and you end up with drunks. I think you need to have that creativity and innovation to allow us to compete with other cities.” ~Bert Hick, Founder and President Rising Tide Consultants
The distancing requirements of licensed establishments has also been eliminated, clearing the way for more licensed establishments of similar size.
The licensing of retail business with liquor primary licenses, such as Spas, Beauty Salons and Retail Stores has now been approved. This will allow for these types of businesses to serve alcohol to their patrons along with their regular retail business.
These are very positive outcomes and we are proud to have been an integral part of bringing these changes to the City of Vancouver. We promise to continue our mission to streamline processes, slash red tape and eliminate antiquated policies for the benefit of our tourism and hospitality industries.
We are sharing some important information with you that the Liquor and Cannabis Regulation Branch sent out October 18, 2023.
Rising Tide is strongly opposed to this initiative at this time when our Industry is faced with so many other challenges. If you would like guidance with how to set your Food Primary establishment up for success in the face of this new action, please reach out to us. We are here to help!
Read the LCRB communication here:
Dear licensee,
We want to let you know that Liquor and Cannabis Regulation Branch (LCRB) inspectors are now visiting Food Primary (FP) establishments across the province to help identify instances of “Operating Outside of Licence Purpose.” This means operating a restaurant without a primary focus on the service of food, like a bar or nightclub.
As you know, FP licences are issued to businesses whose primary purpose is food service. Liquor sales are intended to complement the dining experience and not be the primary activity.
Operating any section of your FP establishment as a bar or nightclub, where the primary activity is the service of alcohol, is contrary to the public interest and constitutes a serious violation.
Why? Unlike Liquor Primary (LP) licences, which require public and local government or First Nation input, FP licences don’t have the same requirement. Securing a liquor licence for a restaurant and then operating any section of your establishment as a bar or nightclub, where the primary activity is the service of alcohol and not food, circumvents that important process. Establishments that operate outside of their primary purpose can become focal points for community complaints, including disturbances related to noise, unruly behaviour, and intoxicated patrons.
This inspection program is meant to ensure licensees are following the regulations associated with their specific licence category. If non-compliance is identified, the LCRB may find it necessary to institute enforcement measures, including:
monetary penalties ranging from $7 000 to $11 000 or,
a licence suspension of 7-11 days.
We want to remind all licensees of their responsibility to ensure that every facet of your service area follows the definition of an FP establishment when serving liquor. This means you must comply with the following requirements outlined in your licensee handbook:
• Kitchen equipment:
The kitchen must be fully equipped to produce food on your full menu and must be open and staffed whenever liquor is served.
• Menu:
The menu must include a reasonable variety of appetizers and main courses, which must be available whenever liquor is available. Serving salsa, chips, peanuts, and other types of “finger food” is not enough to meet this requirement.
• Furnishings and lighting:
The décor must be suitable for dining and table service. You must have enough tables, chairs and food service equipment (glasses, plates, etc.) to serve full meals to patrons.
• Entertainment and games:
Any entertainment and games offered must not distract from the service of food (see “Entertainment” section for more detail).
• Name:
The name of your restaurant must not mislead the public regarding your primary purpose. For example, you cannot call yourself “Joe’s Bar” but “Joe’s Bar and Grill” is acceptable as food service is also represented in the name.
• Operating hours:
You must operate as a restaurant whenever you serve liquor. Restaurants cannot shift their operation to become a bar during certain hours of the day, unless you have obtained a liquor primary licence, which enables you to operate your establishment as a bar when it is not operating as a restaurant.
• Financial records:
You must make all financial records and receipts available for review upon request. Your financial records must demonstrate that your restaurant is involved primarily in food service.
• Advertising:
Your advertising may not primarily focus on liquor service or entertainment in your establishment. This includes but is not limited to, online advertising, social media, signage, menu, and any associated material.
Our main goal is to maintain established standards within the industry. We hope to work together with all licensees to achieve these goals. Your cooperation is essential in ensuring a fair and compliant environment for everyone involved.
If you have any questions about your licence or these requirements, please reach out to the client support team at LCRBLiquor@gov.bc.ca.
UPDATED INFORMATION FROM THE LCRB OCTOBER 24, 2023:
The LCRB recognizes most Food Primary (FP) licensees are already operating in compliance with their licenses.
The purpose of the LCRB’s previous communication was to provide operators with essential information to help review their operations and ensure that their business decisions align with the compliance requirements of their licence type.
The LCRB is committed to supporting all operators in maintaining compliance and making informed business choices that benefit their establishments.
The LCRB will employ a wide variety of criteria to inform the program and where inspections take place, considering factors like entertainment, advertising, customer complaints, and other relevant aspects of FP operations.
It’s important to note that banquets and events like weddings are not within the scope of this inspection program. This initiative primarily focuses on the day-to-day operations of Food Primary (FP) establishments.
The inspection program is designed to work collaboratively with licensees, offering support and guidance to help ensure compliance. Enforcement action may be initiated for egregious instances of non-compliance or where other efforts have not achieved voluntary compliance.
Think the Minors As Agents Program doesn’t apply to you? Think again
The ‘Minors as Agents’ program is ramping up inspections and enforcement. Are you prepared? Rising Tide provides support, knowledge and expertise in all facets of liquor licensing, compliance and enforcement issues. One of the hot topics facing the industry right now is the MINORS AS AGENTS program.
Although it is commonly thought that retail liquor stores are the main targeted businesses for this initiative, it actually applies to all liquor primary, food primary, restaurants, pubs, cannabis stores as well as retail liquor stores.
The Minors as Agents program is funded and regulated by the Liquor and Cannabis Regulation Branch, whereby “youthful-appearing adults” are recruited to attempt to purchase liquor on the Branch’s behalf from businesses selling liquor or cannabis. The youthful appearance of the agents is intended to raise concerns by employees as to whether or not the agents were minors and proceed to require two pieces of proper identification before the purchase of liquor or cannabis is allowed. The issue is the agents can often appear older, and if a judgment call is made to not ask for ID, the business can be in some very hot water.
The first infraction is a $7,000 FINE or 7 day suspension. If you pay this fine and the infraction goes on your permanent record, then your second or subsequent infractions within a calendar year (and you can be sure that they will be targeting your establishment again) could result in a higher fine or up to a 21-DAY SUSPENSION of your liquor license.
Rising Tide Consultants are experts on this program, so we can help your business take measures to protect against the risks and penalties and, if necessary, fight a non-compliance charge alongside you. We also do audits of licensed establishments to make sure they can pass a routine inspection by ensuring the proper policies and procedures are in place. Contact us now and learn how to avoid falling victim to this targeted program. Government is increasing its focus and has been ramping up inspections and enforcement last year, and it will be continuing in 2023.
Rising Tide can provide you with updated Policy and Procedure manuals, training on ID protocols and placement of appropriate ID signage within your establishment so that your staff are armed with the right information and training to lay the proper groundwork to avoid penalties or dispute a charge if you are caught in non-compliance.
We’re here to help. Contact Us Your Initial Consultation is Complimentary.
Bert Hick, President & Founder of Rising Tide Consultants, spoke March 8th at the Standing Committee on City Finance and Services on Vancouver’s efforts to liberalize rules governing alcohol and the hospitality industry. Up for discussion was a “dual license” that would enable an establishment to serve food during the day and then transition into a bar in the evening.
Vancouver council considers three “dual licence” applications, from Cinema Public House and Cold Tea, both on the Downtown Granville strip, as well as Hamburger Mary’s in Davie Village.
Bert addressed Council asking for 2 Miracles.
“Miracle #1 is to amend current legislation to allow new establishments that are opening to apply for a dual license right off the bat. Right now, you have to have an existing Class 1 or Class 2 license in order to apply for a dual license.”
“Miracle #2 is to get rid of the antiquated policy that predates 2005 that simply does not work and doesn’t exist in any other city, regarding the minimum distance between certain classes of liquor primary establishments, when existing establishments are seeking dual licensing.”
Following Mr. Hick’s address to Council, we are pleased to announce that Cinema Public House has been approved for their dual license!
Anyone who wants to sell or supply alcohol is required to have a liquor license. This is true for organisations, businesses, and individuals alike. These licenses are mandatory, and they need to be kept in good standing for those who want to continue serving and selling alcohol.
What Is a Liquor License?
Just as you need a license to drive a motor vehicle, you need to have a license if you want to supply alcohol to a business or an individual. All manner of businesses involved in the sale of alcohol will need to have a license. This includes individual agents, restaurants, liquor stores, bars, breweries, etc. The type of license that you will need will differ, though. Let’s look at what types of liquor licenses exist today and learn a bit more about each of them.
What Types of Liquor Licenses Exist?
Below are six types of liquor licenses, and each applies to different situations.
Agent
An agent license is used by those who are going to be promoting and marketing liquor products that are produced by manufacturers outside of Canada. Interestingly, you will need to have two types of licenses if you want to be an authorized agent. These include the Agent License from the Liquor and Cannabis Regulation Branch, as well as an Import Agent License from the Liquor Distribution Branch.
The agent’s license will let you promote, market, and take wholesale orders for products. You can request and receive orders only from certain licensees. These include those who have a liquor primary license, a food primary license, licensee retail stores, and rural licensee stores, wine stores, and government liquor stores.
You are not allowed to sell directly to the public, and you can only import liquor products through the Liquor Distribution Branch.
Food Primary/Class A
This license is for businesses that have food as their primary source of business. There are a couple of types of licenses that fall under this category—those that allow minors into the establishment, such as a family restaurant that also sells alcohol, and those where liquor is the main source of business and food is secondary.
For a minors-allowed license, the food service must be available during all hours of liquor service. For the minors-prohibited license, the food service must be a minimum of snack food, such as nuts. Food service is not required after 11 p.m. There are also options for a manufacturer’s taproom license and a manufacturer’s lounge license.
Liquor Primary/Class B
Class B licenses are for the sale and consumption of alcohol in areas where people have to pay to enter. This would include things such as a stadium, a tourist location, or a convention center, for example. It can also be used by businesses that provide goods and services to the public where selling alcohol or food is not the primary purpose of their business.
Liquor Manufacturing/Class E
This is a license used for manufacturing. The Class E license can be used by a vintner, brewer, or distiller, for example. These are areas where the alcohol is manufactured and packaged. To qualify for the license, you will need to have a permanent facility. What types of liquor licenses exist beyond just for the manufacturer? You will find these can include estate manufacturers, as well as blending and packaging companies.
Liquor Retail Store/Class D
The Class D license is needed by any store that sells alcohol that is meant to be consumed off the premises. Retail liquor stores are the primary types of businesses that would need this license. The same is true of grocery stores. This could also include a facility that makes and sells alcohol to the public or special event liquor licensees. Delivery service companies, commercial caterers, and even church supply businesses that sell sacramental wine will need this type of license.
Tied House
A tied house liquor license is becoming more popular because there are more and more wineries, distilleries, and breweries that are offering places on-site where people can buy and sample the company’s wares. With a tied house license, the holder is not required to sell a variety of brands. They can simply sell and serve what they make.
As you can see, there are many types of liquor licenses. Which one of these applies to your business?
