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.

Contact Archos 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.

Help me with my patio licensing

Bert Hick gets out of jail!

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 Hotel at 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 Lindo has 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.)

Congratulations to our valued clients Eldorado Hotel in Kelowna and Azur Hotel in Vancouver who just received their PPE approvals!

If you would like a PPE for your establishment, get in touch with us!

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! 

Contact Rising Tide

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!

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Good News For The City Of Burnaby

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!

Contact Rising Tide

Client Spotlight

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.

RESOURCES FOR MORE INFORMATION:
Food Service Ware Factsheet
Use of Plastic Containers in Stadiums

We Are Here To Help

If you need advice or guidance with your licensing challenges or business operations, get in
touch with us.

Contact Rising Tide

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.

Read the City News article HERE

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:

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?

What are your responsibilities when it comes to serving alcohol? What should you do and what must you avoid? If you are operating a bar or restaurant, you need to be sure you know what you are doing to keep people safe and to ensure you aren’t held liable.

What Is Serving It Right?

Serving It Right is a mandatory self-study course that provides the education managers, servers, and licensees will need whenever they are serving alcohol. It provides them with the knowledge they need and effective techniques that will help to prevent problems associated with overserving customers.

Serving It Right helps to ensure that the service and sale of liquor are done within the bounds of the law, and it keeps everyone safe from harm that could arise from alcohol consumption. The course provides you with a host of liquor service tips to keep everyone happy and safe.

Who Needs Serving It Right?

Before working in a licensed establishment, every licensee, manager, and all staff need to have Serving It Right certification. Some of the examples of types of businesses—and the staff at those businesses—that will need to have people who have certification include:

• Restaurants
• Bars
• Nightclubs
• Stadiums
• Casinos
• Caterers that offer alcohol
• Private liquor stores
• Wine stores
• Duty-free stores
• Manufacturer sampling areas
• Rural agency stores
• Care facilities
• Special event permit holders where alcohol will be served

If you are in doubt over whether you or your staff will need to have Serving It Right certification, you can check with Responsible Service BC.

The Course and the Exam

The course you will take covers a host of topics that are important for those who are working in the industry. Some of the areas that are covered include legal liability, signs of intoxication, reducing overconsumption, reducing impaired driving, preventing the sale of alcohol to a minor, reducing the risk of violence, duty of care (on and off the premises), and the need to create and enforce responsible beverage service policies. The goal is to help get people up to speed with what they need to do when selling or serving alcohol.

The course is available online. It takes four hours and is mobile-friendly, so it can be taken on a phone for those who may not have access to a computer. They do recommend that you complete it on a PC or laptop though, as it will be easier to interact with the course.

The cost for the exam is #35 and includes three attempts at passing the exam. If you don’t pass after the third try, you can pay another $35 to try again.

Below are some tips that will help ensure your establishment is serving alcohol properly and safely.

Tip #1: Know When Someone Is Intoxicated

Sometimes, it is easy to tell when someone has had too much to drink. Other times, it isn’t. You need to look for signs that someone may be acting differently from when they entered the establishment. Notice how they walk, talk, and interact with others to look for signs of intoxication.

Tip #2: Minimize Legal Risk

There are several ways that you can reduce your legal risk. You want to make sure that you control the environment and that you don’t serve anyone who is intoxicated. Watch behaviours and call the police if needed.

Tip #3: Create a House Policy

You should work to create a house policy for serving and selling alcohol that abides by the law. It may even be stricter if you would like. Make sure everyone who is working at the restaurant knows the house policy and enforces the rules fairly for everyone.

Tip #4: Check for ID

You may want to implement a policy that requires the check of two forms of ID to ensure that it’s valid. This reduces the chance of someone using a fake ID to buy alcohol.

Remember the Expiration Date

Keep in mind that the Serving It Right certificate is not good forever. It is only good for five years. At that point, you will need to take the exam again and get a new certificate. You will want to keep the dates of expiration handy for yourself and your employees, so you never have a point where someone doesn’t have proper certification.

The liquor service tips above will help to keep your establishment safe from liability, in compliance with the law, and will keep your customers safe. Serving It Right helps everyone.