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CITY OF VANCOUVER POLICY REPORT
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Date: |
March 19, 2004 | |
Author: |
Heike Roth | |
Phone No.: |
604-871-6115 | |
RTS No.: |
4004 | |
CC File No.: |
2610 | |
Meeting Date: |
May 6, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Director of City Plans in consultation with the Chief License Inspector, the Director of Development Services, the Director of Social Planning, Director of Current Planning |
SUBJECT: |
Liquor Retail Policy and Guidelines |
RECOMMENDATIONS
- A. THAT Option 1, which generally confirms Council's April 2003 liquor store policy of limiting liquor stores selling a broad range of liquor products to existing locations, and contains minor amendments to improve its workability, be approved generally in accordance with Appendix A, including Option 1 wording in Section 2.2.a of the Guidelines;
OR
- B. THAT Option 2, which amends Council's April 2003 liquor store policy by permitting new locations for liquor stores selling a broad range of liquor products generally limited to one store per identified local shopping area, be approved generally in accordance with Appendix A, including Option 2 wording in Section 2.2.a of the Guidelines.
AND
- C. THAT the amendments to the "Liquor Store Guidelines" including confirmation of the current Liquor Licensing Policy that no new liquor retail outlets be permitted in the Downtown Eastside or Gastown be approved generally in accordance with Appendix A.
The General Manager of Community Services RECOMMENDS approval of either A or B, and C.
Council policy is reflected in a number of documents:
· The Zoning and Development By-law defines Liquor Store as "the use of premises for the sale of liquor, beer or wine for consumption off premises." All existing liquor retail falls within this definition, including government and private liquor stores. The Zoning and Development By-law also prohibits the liquor store use in conjunction with other retail or commercial uses.
· Liquor Licensing Policies and Procedures adopted in 1990 state that no new liquor retail outlets be permitted in the Downtown Eastside or Gastown areas.
In April 2003, in response to provincial policy changes regarding liquor access, Council approved the following new policies:
· That the Director of Planning favourably consider development applications for Liquor Stores selling beer and wine or hard liquor only on those sites currently approved as Liquor Stores; and
· That new Guidelines be adopted, as the basis for review of all Liquor Stores selling "only" Beer or "only" Wine. The Guidelines include a 150m spacing requirement between beer only/wine only stores, and liquor stores, and a 150m spacing requirement between a new beer only/wine only store and a public or private school, church or park. The Guidelines also provide for neighbourhood notification and for a time limited Development Permit.
SUMMARY AND PURPOSE
This report is a follow-up report to the Liquor Control and Licensing Policy report Council considered in April 2003. Its purpose is to present for Council approval some clarified policy and Guidelines related to the processing of Liquor Stores under the Zoning and Development By-Law.
In 2002, the Provincial Government announced two major changes to liquor retailing:
· The intent to privatize the existing government liquor stores. The Province has since decided not to pursue this, for the time being.
· Allowing liquor primary license holders (e.g. pubs, cabarets) to apply to have liquor retail sales. There were 71 of these applications in Vancouver that were approved by the Province. Initially these were required to be co-located with the liquor primary establishment, but the Province has since allowed the stores to be geographically "de-linked".
In response to the proposed Provincial changes, in April 2003 Council adopted policies regarding liquor retailing, specifically beer only/wine only stores and broad range liquor stores.
1. Liquor Stores with Beer Only or Wine Only Sales - General Location and Number
With respect to liquor stores with beer only or wine only sales, Council's April 2003 policy did not introduce limits on general locations and numbers, provided that the stores adequately meet Guidelines about spacing, distance from family-oriented uses, and other impacts. This report proposes no change to this approach.
2. Liquor Stores with Broad Range Sales - General Location and Number
Council's April 2003 policy limits stores with broad liquor range sales (i.e. a combination of beer, wine, and/or spirits) to locations with existing stores. This report discusses two options for revising this policy, and requests Council endorse one of them.
Option 1 (Recommendation A) is essentially the current policy, with minor amendments to make it more workable in practice. This would permit the existing stores to be rebuilt or relocated within the same general area in cases of redevelopment, lease expiry, need to upgrade or enlarge. It would also permit two recently closed stores to be reopened; and consideration of new locations to serve emerging residential neighbourhoods being planned by the City, such as South East False Creek and East Fraserlands.
Option 2 (Recommendation B) provides more locations for future broad range liquor stores, distributed more widely to serve communities. This would be a change from current policy. It would allow consideration of one broad range liquor store per significant local shopping area (as identified in an adopted Community Vision or other local plan). It would also allow consideration of additional stores in general commercial areas (e.g. downtown, central Broadway) on a case by case basis; and for locations in emerging neighbourhoods.
The Discussion section of the report contains a table with statistics on the number of resulting liquor store locations, and an evaluation of the options. In summary, the changes included in Option 1 are recommended to serve communities which previously had service, communities where liquor stores need to relocate, as well as newly emerging communities. From a land use planning point of view, Option 2 would provide opportunities for liquor retail in closer proximity to more residents, likely reducing travel and strengthening the retail mix in local shopping areas. However, the Director of Social Planning does not support Option 2, in light of other recent changes providing increased access to liquor (e.g. extended operating hours and added seating capacity in liquor primary establishments, additional beer only and wine only stores), and the lack of increase in the currently inadequate alcohol treatment and recovery resources.
3. Other Guidelines - Minor Revisions
Regardless of which of the above options is favoured, the report recommends Council approval of the other Guidelines which apply to all types of liquor stores. These Guidelines have been redrafted for clarity, with minor amendments to:
· Confirm the 150 m spacing requirement between liquor stores to avoid over concentration;
· Confirm the 150 m spacing between liquor stores and family oriented uses such as schools, parks and churches; and add community centres and neighbourhood houses to the list;
· Add the existing DTES/Gastown prohibition on liquor retail into the Guidelines, for clarity; and
· Clarify expectations with regard to handling parking, loading and recycling impacts.
1. Liquor Store - Definition and Existing Situation
The current definition of liquor store in the Zoning and Development By-law is: "the use of premises for the sale of liquor, beer or wine for consumption off premises." Liquor store is a conditional approval use permitted in all commercial zoning districts, as well as in some industrial and heritage districts. As a conditional approval use, each liquor store application is assessed according to how well it meets the guidelines.
The product range which a particular liquor store is permitted to sell is defined in its Development Permit.
For this report and the Guidelines in Appendix A, liquor stores are categorized as having:
· beer only sales - sales of beer, cider or coolers
· wine only sales - sales of wine
· broad range liquor sales - sales of spirits, wine, beer, cider or coolers
This table shows the number of liquor stores in Vancouver in March 2003 and now.
March 2003
|
March 2004 | |
Beer only stores |
0 |
3 |
Wine only stores |
7 |
12 |
Broad range liquor stores |
22 government stores
|
22 government stores
|
TOTAL STORES |
39 |
47 |
Most liquor stores have visible locations on arterial streets. Many are close to other retail destinations, such as large supermarkets. While the current number and distribution of liquor stores ensure liquor availability throughout the City, most residents do not live within walking distance of a liquor store, and most trips are made by car.
2. History of Provincial Liquor Retail Policy Changes
There have been many Provincial policy changes with respect to liquor stores.
· Prior to 1988, all liquor stores were government owned and operated.
· In 1988, full-service hotels were allowed to apply for a beer and wine store licence, with a maximum store size of 92.9m² (1,000 sq. ft.).
· In 2002, privatization of government liquor stores was announced, but is "on hold" for the time being.
· Also in 2002, the Province approved 71 Licensee Retail Store (LRS) applications from Liquor Primary premises (i.e. pubs, cabarets, hotels) in Vancouver. The Provincial approval allows these LRS to sell a broad range of liquor products and does not include a size limit. Initially, the Province required the LRS to be co-located with its liquor primary premises.
· Late in 2003, the Province approved the geographic "delinking" of LRS. Delinking allows an LRS to be located away from its Liquor Primary premises, yet within the same municipality, or in an adjacent municipality provided that the distance from the original site is 5 km or less.
3. Current Status of Licensee Retail Store (LRS) Applications
Of the 71 LRS applications approved by the Province, 20 have sought development permits:
8 have been issued (3 for beer only stores, 5 for wine only stores, as noted earlier); 6 have been refused, and 6 are currently being processed. The remaining Provincially approved LRS applications have not yet sought City approval. They may seek locations separate from their Liquor Primary premises, now that the Province no longer requires them to be co-located.
While there are no Provincial restrictions regarding product range, Council's April 2003 policy requires these applicants to choose whether they wish to sell beer only or wine only.
4. Positive and Negative Aspects of Increased Number of Liquor Retail Locations
The positive aspects of providing increased liquor retail locations include:
· increased convenience for residents and visitors in purchasing a consumer product (80% of British Columbians consume liquor);
· reduced transportation costs;
· increased retail choice, with stores catering to local neighbourhood needs;
· enhanced retail mix in local shopping areas; and
· diluted nuisance behaviour and neighbourhood impacts, rather than concentrated at few locations.
The negative aspects that may arise include:
· image problems related to over concentration of stores in one area;
· impacts on family-oriented uses;
· increased access to alcohol by vulnerable populations; and
· impacts related to traffic, parking, loading and recycling.
DISCUSSION
The section of this report is divided into 3 sections:
· General location and number of liquor stores selling beer only or wine only.
· General location and number of liquor stores with broad range sales. Two options are presented and discussed.
· Other minor amendments to the Guidelines.
1. Liquor Stores with Beer Only or Wine Only Sales - General Location and Number
Council's April 2003 policy puts few limits on general location or number of liquor stores with wine only or beer only sales(the Guidelines require spacing between stores, separation from family-oriented uses, and consideration of other impacts). No change is proposed to this policy, and the Guidelines in Appendix A reflect this current policy.
2. Liquor Stores with Broad Range Sales - General Location and Number
Council's April 2003 policy is that development applications for broad range liquor stores be favourably considered only at the locations where such stores currently exist.
Planning staff have reviewed this policy from a land use and regulatory perspective, and are putting forward two options to modify it. Option 1 stays within the general parameters of the current policy with respect to general location and number of broad range stores, but corrects some practical problems. Option 2 extends the opportunities for broad range stores to more locations.
Two terms need explanation before the options are described:
· Local Shopping Area (LSA) - these are shopping areas which have, as a key role, the serving of daily needs of residents. They have been identified in adopted Community Visions, local area plans, or in Council policy, and exist both within the central area and in the outlying communities. (Some of the smaller existing LSAs have not been included.)
· General commercial area - these are other commercially zoned areas. They may contain significant retail, but are not LSAs because their focus is more on serving employees, tourists, or citywide/regional customers rather than nearby residents. Examples are the CBD, Central Broadway office area, and portions of arterials.
Appendix A includes a map of the (selected) LSAs that are relevant to the Options.
Option 1 - Current policy with minor amendments.
Option 1 (Recommendation A) would allow:
· an existing liquor store to relocate within the same Local Shopping Area (LSA) as the current location. Where an existing liquor store is not located in an LSA, relocation could be considered within the same general commercial area
· the replacement of two recently closed liquor stores (1716 Robson, 6399 Victoria Drive) within their respective LSA
· consideration of new liquor stores to serve emerging residential neighbourhoods, such as Southeast False Creek.
In cases of replacement, the new location would be expected to meet the Guidelines (discussed below) as well as or better than the previous location.
Option 2 - More Opportunities for Broad Range Liquor Stores
Option 2 (Recommendation B) would allow:
· consideration of one liquor store with broad range liquor sales in selected LSAs;
· in general commercial areas, (e.g. CBD, Central Broadway) consideration of broad range liquor stores on a case by case basis, abiding by the 150m spacing requirement and other Guidelines (discussed below).
· consideration of new liquor stores to serve emerging residential neighbourhoods being planned by the City, such as Southeast False Creek.
Evaluation
Table 2 contains statistics on the existing stores, and the number possible under the two options. The map in Appendix A shows the distribution of current stores, and the LSAs that would be eligible for consideration for new stores.
Existing as of Date |
Possible Additional | |||
March 2003 |
March 2004 |
Option 1 |
Option 2 | |
Broad Range |
||||
- LSAs |
22 |
22 |
4 - 5 |
Up to 19 |
- other comm. areas |
10 |
10 |
0 |
Undefined |
Total Broad Range |
32 |
32 |
36-37 |
Up to 51+ |
Beer Only |
0 |
3 |
Undefined |
Undefined |
Wine Only |
7 |
12 |
Undefined |
Undefined |
The current policy prohibits the relocation of existing liquor stores which are on redevelopment sites, have obsolete or inappropriately sized premises, or expiring leases. The number of liquor stores will thus diminish over time. Option 1 maintains the current number of broad range liquor sales locations. It also allows for restoration of service to previously served communities, and for new service to emerging ones. Staff note that the number of liquor stores has not increased substantially as the city has grown. As the relatively few stores become busier, the attendant impacts of traffic, loading, recycling, panhandling etc. will be even more inequitably focussed in some communities.
CityPlan directions are to enhance neighbourhood centres and reduce travel by having strong local shopping areas and services located close to home. From this perspective, given that 80% of the population purchases liquor, the current policy limiting broad range liquor stores to existing locations may be inefficient. Option 2 substantially increases the number of possible locations, noting that market demand will determine which are taken up, over time.
While a possible 51 or more liquor stores represent an increase of 19 or more stores above the current number, it is comparable to the 45 or so supermarkets of various sizes currently serving City residents. From a land use perspective, dispersing liquor retailing will enhance the retail mix in the LSAs, allow for less driving, and disperse impacts on a more equitable basis.
The Director of Social Planning does not support Option 2. His view is that further increases in access to alcohol beyond recent changes (e.g. extended hours, added seating capacity, additional beer only and wine only stores) should not be approved until the Province substantially increases treatment and recovery resources. A fuller discussion of social implications is included later in this report.
Depending on whether Council prefers Option 1 or 2, they should adopt recommendation A or B respectively. The draft Guidelines in Appendix A contain the wording for each option.
3) Other Guidelines - Minor Revisions
In April 2003, Council adopted Guidelines that relate to spacing requirements, general operational features, and the main process steps including neighbourhood notification and time-limited development permits. Staff recommend that Council approve Recommendation C to adopt minor revisions to the Guidelines. These revisions include:
- a) Confirming the 150m spacing requirement between liquor stores to address concentration, and adding Director of Planning consideration of size and number of existing liquor stores.
- · 150m represents approximately 1 City block.
· Staff reviewed spacing requirements in other municipalities and found a range: some municipalities (Surrey, Richmond) have none, Calgary uses 150m, Victoria uses 200m, Coquitlam at 300m.
· A clause, added to consider the size and number of existing stores in an area, provides for unique circumstances such as the development of a large liquor store.
Staff reviewed the relationship to off-sales, which has been an issue in some recent Council deliberations about beer only and wine only stores. Two questions have arisen: whether the City can require the operator to stop off-sales; and whether new liquor retail should be required to be 150m from premises with off-sales. Off-sales are regulated by the Province directly, without City involvement. The City cannot effectively stop them. Applying a spacing requirement is problematic not only because of the fewer potential locations for beer only or wine only stores, but also because off-sales can be discontinued or added at any time, rendering the city's spacing criteria either redundant or ineffective.
- b) Confirming the 150m spacing requirement between liquor stores and family-oriented uses, and expanding the list of family-oriented uses to include community centres and neighbourhood houses.
- · minor amendments specify elementary and secondary schools (rather than public and private schools), and include community centres and neighbourhood houses in addition to parks and churches to make these Guidelines clearer and more consistent with other Guidelines.
- c) Confirming the1990 DTES/Gastown liquor retail policy and adding it to the
guidelines to increase its prominence.
- · Current policy states that no new liquor stores should be considered in the DTES/Gastown areas; it was put in place to prevent increased access to alcohol by vulnerable populations.
· Liquor access is available at 2 nearby locations.
· Since the April 2003 policy change, the City has approved one development permit application and refused one. There remain 6 Provincially approved LRS locations in this area that could seek City approval.
· Map of the DTES/Gastown area is located in Appendix B.
d) Clarifying parking, loading and recycling requirements.
- · Minor revisions are proposed to include details regarding short-term parking, loading operations plan, and handling of bottle returns.
Staff recommend that Council approve Recommendation C to adopt revisions to the Guidelines.
DIRECTOR OF SOCIAL PLANNING COMMENTS
The Director of Social Planning does not support consideration of additional locations selling a broad range of liquor products, as outlined in Option 2.
A number of recent changes have provided increased access to liquor. These include extended operating hours, additional seating in liquor primary establishments, and provisions noted in this report for additional beer and wine stores in new locations in the city. This increased access is occurring in a context where there have been no improvements to alcohol treatment and recovery resources, and where these resources continue to be extremely inadequate. As well, some alcohol-related harms have been increasing.
Precisely what effect each element of increased access may have is unclear. With respect to increases in the number of liquor outlets, the B.C. Provincial Health Officer's most recent report on Alcohol Policy ( May 2000), notes that some U.S. studies link increased availability with increased consumption and harms, while others are inconclusive. While one might hope that the privatization experience in Alberta would provide relevant information, the Provincial Health Officer's report contained few details on this subject.
Recent discussions with Alberta Alcohol and Drug Abuse Commission (AADAC) research staff confirmed that no post-privatization studies on alcohol-related harms have been done in Alberta. The only information available is on per capita consumption ( showing a 3% increase since privatization). However, AADAC staff are of the view that this change is driven by demographics and is not relevant in relation to availability. AADAC staff report that Alberta had been moving to increased access for a number of years prior to privatization. When privatization came in, some negative effects were observed in specific neighbourhoods, including increased access by minors and some binge drinking. AADAC staff noted that negative local effects would not show up on macro-level data and that work on reviewing hospital admission and other data that might confirm or not confirm harms to the general population or to at-risk groups, has yet to be done in Canada.
The information we do have suggests increasing alcohol harms amongst certain groups. The B.C. Provincial Health Officer's report notes that while per capita alcohol consumption in B.C. has been declining over the past 10 years, heavy drinking is increasing among the general population, and heavy and binge drinking is increasing amongst high school students, especially young males. Alcohol-related traffic deaths have decreased, but the rate of alcohol-related spousal assaults and alcohol-related deaths remains the same. There is also a great deal of data on the general harms of alcohol, including links between alcohol dependence and violent crime, alcohol-related injuries and ER use, and risks for younger people relating to aggression, early use and future dependency, etc.
The Director of Social Planning is therefore of the view that further increases in access to liquor should not be approved until the Province substantially increases treatment and recovery resources, provides stable funding for public safety issues such as underage drinking and public intoxication, and provides an assessment of the effects of increased access on youth and other high risk populations.
CONCLUSION
In seeking to balance the positive and negative aspects of liquor stores, this report:
- · Confirms Council policy with respect to beer only and wine only stores;
· Provides two options with respect to the general number and location of liquor stores with broad range liquor sales. Option 1 generally confirms Council policy, with modifications to make it more workable. Option 2 amends policy to provide more possible locations for future liquor stores; and
· Confirms the other Guidelines and includes minor revisions to add clarity.
Staff recommend that Council adopt either Recommendation A (Option 1) or B (Option 2), as well as Recommendation C dealing with minor revisions to the guidelines.
* * * * *
Liquor Store Guidelines
1. Application and Intent
These Guidelines are to be used in conjunction with a District Schedule of the Zoning and Development By-law or with an official development plan for development permit applications for a liquor store, including redevelopment of existing premises. Assessment of suitability will be based on the characteristics of the site and surrounding area and the details of the development proposal. The permitted product range of a liquor store is defined in the Development Permit.
For these Guidelines, liquor stores are categorized as having:
1) Beer only sales - a store that sells only beer, cider or coolers
2) Wine only sales - a store that sells only wine
2) Broad range liquor sales - a store that sells a combination of beer, cider, coolers, wine, or spirits
The intent of these Guidelines is to provide access to liquor stores while minimizing impacts on neighbourhoods.
2. Location and Distribution
2.1 Stores with Beer only or Wine only sales
a) The number of liquor stores with beer only or wine only sales in a neighbourhood or within the City is not limited, except for the Downtown Eastside or Gastown areas, where no new liquor stores should be considered.
b) Liquor stores with beer only or wine only sales should not be located within 150m of another liquor store.
c) Where an application is received for a new liquor store that sells beer only or wine only in an area that is already well served by existing liquor retail, the Director of Planning may consider the number and size of existing liquor retail outlets in his assessment of the new proposal.
2.2 Stores with Broad range liquor sales
a) Option 1
· Existing liquor stores with broad range liquor sales, including the two recently closed liquor stores at 1716 Robson and 6399 Victoria Drive, may remain in their current locations, or may relocate within the same Local Shopping Area (LSA), provided that the new location meets the Guidelines as well as or better than the previous location. The attached map shows the LSAs.
· Existing liquor stores not located within an LSA may relocate within the same general commercial area. Assessment will take into account other Guidelines.
· In cases where City-initiated planning will result in new residential neighbourhoods with a new LSA, additional liquor store locations may be considered in the new LSA.
Option 2
· New locations for liquor stores selling a broad range of liquor products may be considered, so that there may be one per selected Local Shopping Area (LSA), as identified in an adopted area plan, Community Vision or Council policy. The attached map shows which selected LSAs currently have liquor stores, and which could be considered for one.
· New locations in the Central Business District and the Central Broadway area may be considered on a case by case basis, abiding by the 150m spacing requirement and other Guidelines.
· Existing liquor stores not located within an LSA may relocate within the same general commercial area. Assessment will take into account other Guidelines.
· In cases where City-initiated planning will result in new residential neighbourhoods with a new LSA, additional liquor store locations may be considered in the new LSA.
b) Where an application is received for a new liquor store with broad range liquor sales in an area that is already well served by existing liquor stores, the Director of Planning may consider the number and size of existing liquor retail outlets in his assessment of the new proposal.
c) No new liquor stores with broad range liquor sales should be located in the Downtown Eastside or Gastown areas.
3. Separation from Family oriented uses
3.1 Stores with Beer only or Wine only sales
3.2 Stores with Broad range liquor sales
a) No liquor store should be located within 150m of an elementary or secondary school, community centre, neighbourhood house, park or church.
4. Store Operations
4.1 Stores with Beer only or Wine only sales
4.2 Stores with Broad range liquor sales
With regard for the primary focus of the business (beer only, wine only, broad range liquor sales) the following factors will be taken into consideration:
a) Hours of operation
b) The manageability of the impacts related to:
- traffic
- parking, with particular concern for short term parking
- loading, with an applicant provided loading operations plan detailing how and when loading will take place and how large delivery vehicles will be accommodated
c) Handling of bottle returns (design and operation)
5. Process and Administrative Considerations
5.1 Stores with Beer only or Wine only sales
5.2 Stores with Broad range liquor sales
The main process steps will be as follows:
a) The Applicant submits a copy of the Liquor Control and Licensing Branch (LCLB) preliminary approval letter.
b) Staff conduct a neighbourhood notification of affected neighbours (size of notification area will be determined for each application).
c) The Development Permit may be approved for a limited period of time subject to the discretion of the Director of Planning.
d) Applications deemed controversial by the Director of Planning may be referred to Council for advice.
APPENDIX B
Page of 1
Map of Downtown Eastside/Gastown Liquor Retail Moratorium Areas
Existing Broad Range Liquor Stores are located at:
555 West Hastings
769 East Hastings
DE Approved - 375 Water Street
DE Refused - 210 Abbott
LRS Applications Approved by Province but have not sought City Approval
314 Cambie
340 Cambie
50 West Cordova
160-162 East Hastings
159 East Hastings
606 Powell