1993 Legislative Session: 2nd Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 7th day of July, 1993
Ian D. Izard, Law Clerk.
HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 3 (2) of the Liquor Control and Licensing Act, R.S.B.C. 1979, c. 237, is repealed and the following substituted:
(2) The general manager shall, subject to the orders and direction of the minister on matters of general policy,
(a) administer this Act, and
(b) supervise all licensed establishments and manufacturers of liquor.
2 Section 11 is amended
(a) in subsection (2) by adding "is being or" after "in respect of any licence that", and
(b) by adding the following subsection:
(2.1) Nothing in subsection (2) authorizes the general manager to impose terms and conditions that are inconsistent with this Act or the regulations.
3 Section 16 is amended
(a) in subsection (3) by adding ", other than a special occasion licence under section 6," after "A licence", and
(b) by adding the following subsection:
(3.1) A special occasion licence shall not be issued except to a person who is not a minor and who
(a) is a resident of and normally resides in the Province, or
(b) although not a resident of the Province is approved for a special occasion licence by the general manager.
4 Section 20 is repealed and the following substituted:
20 (1) In addition to any other powers the general manager has under this Act, the general manager may, on the general manager's own motion or on receipt of a complaint, take action against a licensee for any of the following reasons:
(a) the licensee's failure to comply with a requirement of this Act, the regulations or a term or condition of the licence;
(b) conviction of the licensee of an offence under the laws of Canada or the Province or under the bylaws of a municipality or regional district, where the offence relates to the licensed establishment or the conduct of it;
(c) persistent failure to keep the licensed establishment in a clean and orderly fashion;
(d) the existence of a circumstance that, under section 16, would prevent the issue of a licence;
(e) suspension or cancellation of a municipally, regionally, provincially or federally granted licence, permit or certificate that the licensee is required to hold in order to operate the licensee's licensed establishment.
(2) Where the general manager has the right under subsection (1) to take action against a licensee, the general manager may do any one or more of the following, with or without a hearing:
(a) issue a warning to the licensee;
(b) impose terms and conditions on the licensee's licence or rescind or amend existing terms and conditions on the licence;
(c) impose a fine on the licensee within the limits prescribed;
(d) suspend or cancel the licensee's licence, in whole or in part.
(3) Notwithstanding subsection (2) (d), the general manager shall suspend or cancel a licence held by a person who
(a) has been convicted of an offence against prescribed laws of Canada or the Province, or
(b) has been convicted of an offence against this Act, where the person committed the offence within 3 years after being convicted of a previous offence against this Act.
(4) The general manager shall give written reasons for any action taken under subsection (2) (b), (c) or (d) or (3).
(5) The general manager may take an action under subsection (2) (b), (c) or (d) or (3) at any time but the action shall not take effect until after the appeal period referred to in section 31 (5) has expired and no appeal has been filed or the appeal is disposed of, whichever is later.
5 Sections 21 and 22 are repealed.
6 Section 24 is repealed and the following substituted:
24 (1) Where in a licensed establishment the conduct of the licensee's patrons or employees is of a riotous, violent, drunken or disorderly nature, or the safety of one or more persons in attendance at the licensed establishment is threatened, the general manager may, without a hearing, suspend the licence and order the immediate removal of patrons and closure of the licensed establishment for a period not exceeding 24 hours.
(2) Notwithstanding section 20 (5), a suspension of a licence made or an order given under subsection (1) of this section takes effect immediately.
(3) The general manager may delegate to specified officers and peace officers authority to exercise the general manager's powers under subsection (1).
(4) Where the licensed establishment of a licensee is required to be vacated under this section, the licensee shall take all reasonable steps to ensure that the licensed establishment is vacated forthwith.
24.1 (1) The general manager may suspend or impose conditions on a licence for a period not exceeding 24 hours if, in the general manager's opinion, it is in the public interest to do so.
(2) Notwithstanding section 20 (5), a suspension of or imposition of conditions on a licence under subsection (1) of this section takes effect immediately.
(3) Where as a result of the suspension of or the imposition of conditions on a licence under this section the licensed establishment of the licensee is required to be vacated, the licensee shall take all reasonable steps to ensure that the licensed establishment is vacated forthwith.
7 Section 30.1 is amended
(a) by repealing subsection (4) and substituting the following:
(4) Subject to section 31 (6) and (8), the appeal board shall hear and determine any matter appealed under section 31. , and
(b) by repealing subsection (6) and substituting the following:
(6) The appeal board and each member of it
(a) has the protection and privileges of a commissioner under section 12 of the Inquiry Act, and
(b) has, for the purposes of appeals, other than appeals under section 31 (3) (a), (b) or (c), the powers of a commissioner under sections 15 and 16 of the Inquiry Act.
8 Section 31 is repealed and the following substituted:
31 (1) In this section "aggrieved person" means a person who is aggrieved by an action, order or decision of the general manager in respect of which an appeal is or may be brought under this section and who is
(a) in the case of an action of the general manager, the person against whom or against whose licensed establishment the action was taken, or
(b) in the case of an order or decision, the person who is or whose licensed establishment is directly referred to in the order or decision.
(2) Except as provided in subsection (3), or in another provision of this Act or the Liquor Distribution Act, the action, order or decision of the general manager or of any of the general manager's officers or employees as to a matter in respect of which a power, authority or discretion is conferred on the general manager under this Act or the regulations is final, and shall not be questioned, reviewed or restrained by a proceeding under the Judicial Review Procedure Act.
(3) An aggrieved person may appeal to the appeal board
(a) the general manager's refusal to issue, renew, amend or transfer a licence,
(b) the general manager's refusal to issue a permit under section 8,
(c) imposition by the general manager of terms and conditions on a licence under section 11,
(d) any action taken by the general manager under section 20, or
(e) the general manager's refusal to return seized liquor under section 69 (3).
(4) No person other than an aggrieved person shall bring an appeal under subsection (3).
(5) An appeal under subsection (3) shall be brought by delivering written notice of appeal to the appeal board and to the general manager within 30 days after the date of the action, order or decision of the general manager in respect of which the appeal is brought.
(6) An appeal to the appeal board under subsection (3) (a),
(b) or (c) (a) shall not be a hearing in the nature of a new trial but shall instead be an appeal on the record for which no evidence other than the evidence considered by the general manager shall be considered by the board, and
(b) shall be an appeal on the grounds that, in reaching the decision appealed from, the general manager
(i) erred in law alone, or
(ii) failed to observe the principles of procedural fairness.
(7) For the purposes of subsection (6) (a), the record on which an appeal under subsection (3) (a), (b) or (c) is to be conducted shall be prescribed in the regulations.
(8) After considering an appeal brought under subsection (3) (a), (b) or (c), the appeal board shall
(a) dismiss the appeal, or
(b) allow the appeal and send the matter back to the general manager for reconsideration.
(9) After considering an appeal brought under subsection (3) (d) or (e), the appeal board may confirm, vary or reverse the action, order or decision under appeal with or without conditions.
9 Section 38 (1) (b) is repealed and the following substituted:
(b) any unlawful activities or conduct; or .
10 (1) Subject to subsection (2), an action, order or decision of the general manager, whether taken or made before or after the coming into force of sections 7 and 8 of this Act, shall not be subject to an appeal unless the appeal is brought in accordance with sections 30.1 and 31 of the Liquor Control and Licensing Act as enacted by sections 7 and 8 of this Act.
(2) Where an action, order or decision of the general manager was taken or made before the coming into force of sections 7 and 8 of this Act and an appeal in respect of that action, order or decision was, before the coming into force of sections 7 and 8 of this Act, commenced in accordance with section 31 (2.2) of the Liquor Control and Licensing Act as it read before the coming into force of section 8 of this Act, the Liquor Appeal Board shall hear, consider and determine the appeal in accordance with the Liquor Control and Licensing Act as it read before the coming into force of sections 7 and 8 of this Act.
11 Sections 16 and 17 of the Attorney General Statutes Amendment Act (No. 2), 1992, S.B.C. 1992, c. 32, are repealed.
12 This Act comes into force by regulation of the Lieutenant Governor in Council.
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