The Corporation of THE CITY OF NORTH VANCOUVER
COMMUNITY & PARTNER ENGAGEMENT DEPARTMENT
REPORT
To:

Mayor Linda Buchanan and Members of Council

From:

Paul Duffy, Manager, Bylaw Services
L. R. Orr, Deputy Director, Community and Partner Engagement

Subject:

CONSUMPTION OF LIQUOR IN A PUBLIC PLACE BYLAW

Date:

May 26, 2020

File No: 09-3900-02-0001/2020

The following is a suggested recommendation only. Refer to Council Minutes for adopted resolution.

RECOMMENDATION
PURSUANT to the report of the Manager, Bylaw Services and Deputy Director,
Community and Partner Engagement, dated May 26, 2020, entitled
“Consumption of Liquor in a Public Place Bylaw”:
THAT Bylaw 8781, a Bylaw to establish “Consumption of Liquor in a Public Place
Bylaw” be considered.
ATTACHMENTS
1.
2.
3.

Liquor Control and Licensing Act Section 73 (Doc #1914227)
Liquor Control and Licensing Regulations Section 197 (Doc #1914229)
Consumption of Liquor in a Public Places Bylaw, Bylaw No. 8781 (Doc #1913836)

SUMMARY
On May 11th, 2020, Council resolved:
THAT staff be directed to develop an expedited outdoor dining process to expand
temporary patios into public spaces and report back on the feasibility of the
consumption of liquor in certain public spaces for safe, informal public dining.
This report responds to Council’s resolution and provides Council with a draft Bylaw for
consideration to designate certain public places as places where liquor may be
consumed.
Document Number: 1913835

 REPORT: Consumption of Liquor in a Public Place Bylaw
Date: May 26, 2020

BACKGROUND
The emergence of COVID-19 as a public health emergency by the World Health
Organization has led to a number of precautionary measures such as quarantines,
physical distancing or in some cases total lockdown in regions or countries around the
world. Anxiety, as well as loneliness, are some of the mental health consequences that
will persist long after the pandemic ends. The increased feelings of depression and
stress, especially during a time of uncertainty, may have serious impacts on public
health, increasing people’s vulnerability to poor health and weakening society as a
whole. Social isolation should not become a norm, even if some specific circumstances
require physical distancing.
The rapid implementation of physical distancing was necessary to flatten the
coronavirus curve and prevent the current pandemic from worsening. Just as the
coronavirus fallout threatens to cause economic uncertainty, it also may cause a
collapse in social contact among our residents. Utilizing public places is a central part
of moving forward and getting people out of their residence, which in turn will support
local businesses.
DISCUSSION
British Columbia has announced a four phased "Restart Plan" which will involve the
government lifting restrictions on the community and businesses in phases, gradually
allowing for more social and economic activity. The City wants to support and
contribute to rebuilding an economically thriving and sustainable economy while
complying with the “Restart Plan” and Provincial Health Orders. The City also
recognizes that public spaces enhance community and creating shared social spaces
could reduce loneliness. These are strong social and economic arguments that the City
can influence through policy and Bylaws.
To minimize a resurgence in infection and to recover equitably, the City must think more
about how all kinds of outdoor, everyday spaces can fulfill people’s daily needs. One
option would be to permit the public consumption of liquor in certain public places to
provide residents with the opportunity for an informal, safe outdoor place to socialise
with family and friends while supporting local businesses.
The Liquor Control and Licensing Act, Section 73 (Attachment # 1) and the Liquor
Control and Licensing Regulations, Section 197 (Attachment # 2) allow municipalities to
designate by Bylaw, a public place, or part of it where liquor may be consumed. The
Bylaw does not require a Public Hearing but does require that a public place(s) be
designated, the hours during which liquor may be consumed must be indicated and the
boundaries of the designated public space must be identified by posting signage.
Designating public places to consume liquor requires careful management and oversite.
The City will have a significant role in supporting this initiative but it also relies on people
adopting, using and managing the public place with regard to physical distancing and
respectful consumption of liquor.

Page 2 of 6

 REPORT: Consumption of Liquor in a Public Place Bylaw
Date: May 26, 2020_________________________________

Other than the Province of Quebec, no other province has permitted people to consume
liquor in public. In 2018, the City of Vancouver began to consider consuming liquor in
their parks and beaches, however the initiative was stalled as most parks and beaches
fall under the jurisdiction of the Vancouver Board of Parks and Recreation (“Parks
Board”). Further work was required to confirm that the Parks Board could enact a bylaw
under the Liquor Control and Licensing Act. Staff understand that the City of Vancouver
and the Parks Board are continuing to pursue this initiative. There is no other
municipality in BC that has enacted a bylaw pursuant to this legislation.
When used in moderation, liquor consumption can be enjoyable for people and facilitate
social interaction. Allowing public consumption of liquor in public spaces would be a
significant shift in liquor policy in the City and the City would be the first municipality in
British Columbia to permit public consumption of liquor. Linder normal circumstances,
this shift in policy would include consultation with the community, health officials and our
enforcement partners, however, these are not normal times.
Staff have consulted with the RCMP and received the following comments and
recommendations:
•
•
•
•
•

They want to support the community and businesses rebuild economic and social
activity and recommends that this initiative start as a small pilot
They believe this initiative will result in more calls for service
They will provide on-going feedback and statistics on calls for service at any of
the designated locations
They recommend that washroom facilities and park maintenance be
available/enhanced
They recommend that any designated area not be located near schools

This is an opportunity to provide informal, safe outdoor places for family and friends to
socialize while supporting local businesses. This initiative will form a part of the City’s
economic recovery efforts along with the Open Streets Action Plan and the Temporary
Patio Expansion Initiative.
This initiative is also consistent with the Principles for Adaptation and Recovery that
guided the Pandemic Scenario Planning work that Council adopted on May 25, 2020:
1. Put People First
Actions and decisions should focus on equitably protecting the safety and well­
being of City residents, businesses and visitors.
This initiative provides residents, particularly the majority of our residents who
live in multi-family housing and don’t have access to yards, with the opportunity
to safely socialise outdoors with family and friends where physical distancing
can be maintained.
2. Increase Our Resilience
Actions and decisions should aim to increase the City’s resiliency to effectively
respond to future shocks and impacts.
Page 3 of 6

 REPORT: Consumption of Liquor in a Public Place Bylaw
Date: May 26, 2020_________________________________

This initiative supports food and beverage businesses, particularly businesses
that are not able to have outdoor patios due to street or property limitations, by
creating more business opportunities and thus supporting the recovery of our
local economy.
3. Play to Our Strengths
Actions and decisions should focus on what the City has influence and authority
over and draw on partnerships and collaboration as much as possible.
Municipalities have limited opportunities to support local businesses due to
legislative and financial restrictions. This is one action the City has influence and
authority over that can help businesses while at the same time provide social
support to our residents.
4. Think Outside the Box
Actions and decisions should draw on innovative ideas and make use of pilots to
facilitate quick actions.
This initiative has never been implemented in BC and as a time limited pursuit,
allows the City to test out an innovative idea that will support a struggling
economy. Monitoring of the initiative will provide information for Council to
evaluate its effectiveness and consider possible extension of the pilot.
5. Support Longstanding Goals
Actions and decisions should not compromise the City’s ability to achieve key
strategic goals and objectives.
The inclusion of Lonsdale Avenue in this proposed Bylaw is consistent with the Open
Streets Action Plan and the Temporary Patio Expansion initiative. Both of these
initiatives provide opportunities to reallocate City streets and rights-of-way using
temporary measures to quickly and cost-effectively provide improved access to
business services while facilitating the health and safety of residents through design
considerations for physical distancing. The Open Streets Action Plan will identify areas
on Lonsdale Avenue that will benefit from City managed temporary parklets (areas
where physical restrictions do not allow individual business to have patios). Including
Lonsdale Avenue in this Bylaw allows the City to designate these parklets for public
consumption of liquor through signage thus allowing people to purchase take out food
and liquor from area restaurants and have their meals on these parklets.
Staff therefore recommend the following:
1. That this be a pilot project ending on October 15, 2020 which will include an
evaluation and report back to Council;
2. Council must designate the public places by Bylaw to clearly state where
liquor may be consumed;
3. Consumption of liquor can occur between the hours of 11:00am to 9:00pm,
seven days a week in designated public places;
4. Enforcement of procedures and penalties regulated by the RCMP pursuant to
the provisions of the Liquor Control and Licensing Act;
Page 4 of 6

 REPORT: Consumption of Liquor in a Public Place Bylaw
Date: May 26, 2020_________________________________

5. Signage be used to identify boundaries of specific locations within designated
public spaces and to provide information on hours when liquor may be
consumed; and
6. Ongoing community and ROMP feedback on the initiative through web-based
submissions to be reported back to Council at the end of the pilot as part of
an evaluation.
The areas designated in Schedule “A” of proposed “Consumption of Liquor in Public
Place Bylaw” No. 8781 were identified through consultation with Engineering, Parks and
Environment staff, the RCMP and the City’s Financial Recovery Task Force. The criteria
staff considered in determining which areas to recommend included:
•
•
•
•
•
•

proximity to washrooms
proximity to food and beverage businesses
proximity to multi-family housing
open/accessible areas busy with people which promotes prosocial behaviour
areas popular for picnicking
a mix of soft and hard landscaped areas

In order to add or remove a designated area, a Bylaw amendment must be brought
before Council.
FINANCIAL IMPLICATIONS
Currently, washroom facilities in the City are closed between 7pm and at 10pm,
depending on the location. During a normal summer, the busiest locations close at
11:00pm. If this Bylaw is adopted, staff may need to review the opening hours of public
washrooms which may have some cost implications.
Parks staff have seen a significant increase in litter in parks due to restaurant take-out
containers and a general increase in attendance. Staff expect this initiative will add to
the litter in parks which may require more garbage collections. Any additional resources
required for garbage collection can be charged to the Eco Levy under the Solid Waste
Utility Reserve so it won’t impact the operating budget.
Signage to delineate the areas will cost approximately $7500 for printing and
installation.
The need for additional RCMP and Bylaw resources are not known at this time but staff
will be monitoring the designated areas as part of regular shift patrols.
INTER-DEPARTMENTAL IMPLICATIONS
This report has had input from the RCMP, Engineering Parks and Environment, City
Solicitor, Shipyard Commons staff and the City’s Financial Recovery Task Force. Staff
also discussed the report with the Policy Section of the Liquor and Cannabis Regulation
Branch.

Page 5 of 6

 REPORT: Consumption of Liquor in a Public Place Bylaw
Date: May 26, 2020

STRATEGIC PLAN, OCR OR POLICY IMPLICATIONS
People who have easy access to safe and verdant outdoor space are going to feel more
comfortable in public. This Bylaw would be a responsible, progressive way to increase
the enjoyment of public space users and could assist in changing the culture around
liquor. The goal is to promote practices that encourage moderate consumption of liquor
in a social setting. The Bylaw will be an important tool for influencing the social norms
around drinking behaviours, while increasing the utilization of our parks to enhance the
mental health of our residents and support our local businesses.
This initiative is consistent with the following Council Strategic Plan priorities:
•
•
•
•

A City for People
A Liveable City
A Vibrant City
A Prosperous City

RESPECTFULLY SUBMITTED:

Paul Duffy
Manager, Bylaw Services

Director, Community and Partner Engagement

Page 6 of 6

 Attachment 1

Liquor Control and Licensing Act

Division 3 Possession and Consumption of Liquor

Unlawful possession or consumption of liquor
73 (DA person must not consume liquor, or possess liquor in an open container, in a place other than
(a)a residence,
(bja private place,
(c)a service area in respect of which a licence, authorization or permit allows consumption,
(djas provided under section 11,
(e)as provided under subsections (2) to (4) of this section,
(fjan assisted living residence, community care facility, hospital or other prescribed Facility as provided in section 9, or
(g)in a liquor store as allowed under the Liquor Distribution Act.
(2)5ubject to subsection (3) and the regulations, a public place, or part of it, may be designated, by a bylaw of the municipality or regional district that has
jurisdiction over the public place, as a place where liquor may be consumed.
bylaw under subsection (2) must contain the hours during which liquor may be consumed.
(4)Without limiting subsection (2), regulations under that subsection may provide that a bylaw referred to in that subsection may not designate
(a)a specified public place, or
(bja specified public place for a speci?ed period of time.

Attachment 2

Liquor Control and Licensing Act Regulations

Division 6 Bylaws Dealing with the Consumption of Liquor in a Public Place

Content of bylaws
15Hr A bylaw of a municipality or regional district under section 73 (2) of the Act designating a public place as a place where liquor may be consumed must
(a)require the person responsible For the public place to post signs setting out
(i)the boundaries of the public place, and
(ii)the hours that liquor r'riayr be consumed, and
(bjdescribe the number and size of the signs and how theyf are to be posted.

THE CORPORATION OF THE CITY OF NORTH VANCOUVER
BYLAW NO. 8781
A Bylaw to establish “Consumption of Liquor in Public Places Bylaw”
The Council of The Corporation of the City of North Vancouver, in open meeting assembled,
enacts as follows:
1.

This Bylaw shall be known and cited for all purposes as “Consumption of Liquor in Public
Places Bylaw, 2020, No. 8781”.

2.

Definitions
In this bylaw:
“Boulevard” has the meaning ascribed to it in “Street and Traffic Bylaw, 1991, No. 6234”;
“Bylaw Enforcement Officer” means an individual who has been designated as a bylaw
enforcement officer pursuant to “Bylaw Notice Enforcement Bylaw, 2018, No. 8675”;
“Bylaw Notice Enforcement Bylaw” means the City of North Vancouver “Bylaw Notice
Enforcement Bylaw, 2018, No. 8675”;
“City” means the Corporation of the City of North Vancouver;
“City Property” means a parcel, lot, block, strata lot, public park or other area of land that is
located in the City of North Vancouver and which is either owned or occupied by the City,
or in which the City has vested interest pursuant to a statute, and includes a Highway;
“Highway” has the meaning ascribed to it in “Street and Traffic Bylaw, 1991, No. 6234”
and, for greater certainty, includes Lanes, Boulevards, Sidewalks and Roadways;
“Liquor” means, subject to the Liquor Control and Licensing Regulations, beer, wine, spirits
or other product that is intended for human consumption and that contains more that 1% of
alcohol by volume;
“Liquor Control and Licensing Act” means the Liquor Control and Licensing Act, SBC 2015,
Chapter 19, as amended;
“Liquor Control and Licensing Regulations” means the Liquor Control and Licensing
Regulation, B.C. Reg.241/2016, as amended;
“Peace Officer” means an officer as defined in the Police Act or a member of the Royal
Canadian Mounted Police who is deemed to be a provincial constable under the Police Act;
“Permitted Space” means a Public Place or part of a Public Place that has been designated
by Council by this Bylaw as a place where liquor may be consumed, but does not include a
building, structure, vehicle or other installation within the Public Place unless this has been
specifically designated by Council in this Bylaw;

The Corporation of the City of North Vancouver
Bylaw, 2020, No. 8781

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 “Public Place” includes a place, building or vehicle to which the public is invited or has or is
allowed access;
“Sidewalk” has the meaning ascribed to it in “Street and Traffic Bylaw, 1991, No. 6234”;
“Sign” has the meaning ascribed to it in the “Sign Bylaw, 1992, No. 6363”;
3.

4.

5.

Designation of Permitted Spaces / Hours
A.

The Public Places or parts thereof listed in Schedule A to this Bylaw and further
identified by signage posted in accordance with this Bylaw are hereby designated as
Permitted Spaces where liquor may be consumed.

B.

The hours that liquor may be consumed in any of the Permitted Spaces are from
11:00am to 9:00pm, seven (7) days a week.

C.

Liquor may not be consumed in parts of Public Places that are outside of the
boundaries of the Permitted Spaces identified by signage posted in accordance with
this Bylaw.

Sign Specifications
A.

The City Engineer or their delegate must post signs setting out the boundaries of each
Permitted Space and the hours during which liquor may be consumed in the Permitted
Space.

B.

Signs posted in Permitted Spaces designating where liquor may be consumed must:
(1)

be a consistent size of 24 inches by 36 inches;

(2)

have at least four (4) signs to designate the boundaries of the Permitted Space;

(3)

state the hours that liquor may be consumed; and,

(4)

be posted on posts or affixed to other items forming the boundary of the
Permitted Space.

Enforcement
Offences set out in the Liquor Control and Licensing Act will apply to persons in violation of
this Bylaw.

6.

Offences and Penalties
A Person who contravenes any provision of this Bylaw or does any act or thing which
contravenes any provision of this Bylaw.

The Corporation of the City of North Vancouver
Bylaw, 2020, No. 8781

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 7.

Severability
If any part, section, subsection, clause or sub-clause of this Bylaw is, for any reason, held
to be invalid by the decision of a court of competent jurisdiction, it will be severed and the
validity of the remaining provisions of this Bylaw will not be affected.
READ a first time on the <> day of <>, 2020.
READ a second time on the <> day of <>,
2020.
READ a third time on the <> day of <>, 2020.
ADOPTED on the <> day of <>, 2020.

MAYOR

CITY CLERK

The Corporation of the City of North Vancouver
Bylaw, 2020, No. 8781

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 SCHEDULE A

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 Lonsdale Ave (East Side) 13th Street to 18th Street
Lonsdale Ave (West Side) 14th Street to 18th Street

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