Liquor Consumption in Parks By-Law & Pilot Program
Liquor Consumption in Parks By-Law & Pilot Program
Liquor Consumption in Parks By-Law & Pilot Program
RECOMMENDATION
A. THAT the Vancouver Park Board approve the proposed Liquor Consumption in Parks
Pilot Program, as outlined in this report, which identifies park sites where liquor may
be consumed during the pilot;
C. FURTHER THAT the Director of Legal Services be instructed to bring forward a by-
law for enactment by the Park Board generally in accordance with Appendix A, once
the Liquor Control and Licensing Act (Act) has been updated by the Province of BC to
recognize the Board of Parks and Recreation as a governing body under Section
73(2) of the Act;
REPORT SUMMARY
Vancouver’s parks and beaches are vital in providing space for healthy recreation, leisure, and
social connectivity. In recognition of the evolving needs of Vancouverites, particularly as a
growing segment of the population has no access to a private yard and thus relies on parks and
beaches for gatherings of friends and family, the Board directed staff to conduct a feasibility
study for a pilot project that would allow the public to consume their own alcoholic beverages in
select park and beach sites. The discussion around allowing alcohol consumption in parks has
become more timely in light of the COVID-19 pandemic and the physical distancing required in
response. The pandemic has limited the ability of Vancouverites to socialize with their friends
and family, however, as restrictions in BC ease public health officials advise that socializing
outdoors at safe distances reduces the risk of virus transmission.
On July 6, 2020, in response to the Board’s direction in the Alcohol Consumption at Vancouver
Parks & Beaches motion, and with the increased public interest in being able to consume
alcoholic beverages while outside in public parks, staff presented a proposed pilot program that
included designated sites in ten (10) different parks across the city for the Board’s
consideration. The Board referred the recommendations back to staff to expand the pilot to
include parks in each neighborhood and to ensure all sites are large enough to support current
physical distancing requirements.
This report back outlines the revised pilot, which includes designated areas within twenty two
(22) Vancouver parks where the public would be permitted to consume their own liquor. If
approved by the Board, it is expected that this pilot could be ready to implement starting mid-
August and run to October 12, 2020 (Thanksgiving weekend). This would be contingent upon a
temporary provincial regulation made under the Liquor Control and Licensing Act, while awaiting
the legislative changes needed to authorize a Park Board by-law under the Act. Usage metrics
and feedback collected during the pilot would be included in a report back to the Board.
On December 17, 2018, the Park Board unanimously approved a motion titled Alcohol
Consumption at Vancouver Parks & Beaches, which directed staff to conduct a feasibility study
for a pilot project that would allow the public to consume their alcoholic beverages on select
parks and beaches.
On June 2, 2020, in light of equity considerations and changes related to COVID-19, Vancouver
City Council approved the amended motion titled Allowing Responsible Alcohol Consumption in
Vancouver Parks and Beaches, which encourages the Vancouver Park Board to initiate a pilot
project to allow responsible alcohol consumption in select parks and beaches within Park Board
jurisdiction as quickly as possible.
On July 6, 2020, the Park Board received a presentation on the proposed Liquor Consumption
in Parks By-law & Pilot Program, which included designated pilot areas in ten (10) different
parks across the city. The recommendations were referred back to staff to expand the pilot to
include parks in each neighborhood and to ensure all sites are large enough to support current
physical distancing requirements. Additionally, staff were directed to consider including
provisions requiring that liquor may only be consumed with a meal.
The possession and consumption of alcoholic beverages are governed by the BC Liquor Control
and Licensing Act. Section 73(2) of the Act currently allows for a municipality or regional district
to pass a by-law designating a public place within its jurisdiction where liquor may be
consumed, and Section 197 of the Liquor Control and Licensing Regulation outlines the by-law
requirements related to signage, boundaries, and hours. As the Board of Parks and Recreation
has jurisdiction over Vancouver parks but is neither a municipality nor a regional district, this
gap in the legislation results in no local government body being able to exercise the authority of
Section 73(2) to allow alcohol consumption in public parks in the City of Vancouver. A change to
the aforementioned BC Liquor Control and Licensing Act to recognize the Park Board as a
governing body would be required before any Park Board by-law could prevail.
BACKGROUND
In recognition that a growing segment of the population of Vancouver has no access to a private
yard and thus relies on parks and beaches for gatherings of friends and family, the Park Board
passed a motion titled Alcohol Consumption at Vancouver Parks & Beaches directing staff to
conduct a feasibility study for a pilot project that would allow the public to consume their own
alcoholic beverages at select park and beach sites. Staff were to identify potential sites for the
pilot and report back with study findings, including consultation results and any potential legal,
logistical, societal, enforcement, and financial considerations. Feedback and findings from the
previously approved 2019 Concession Strategy alcohol pilot were also to be incorporated into
the final feasibility report.
Understanding that the feedback and findings gathered during the proposed alcohol
consumption pilot would be instrumental in assessing overall feasibility, staff determined that the
pilot would need to be undertaken prior to reporting back to the Board on the feasibility study.
The motion requested a report back by the end of 2019; however, as part of the initial research
and planning process, staff discovered a jurisdictional gap in the Provincial legislation governing
the consumption of alcohol that needs to be resolved before the proposed pilot can proceed.
In response to questions raised around the Park Board’s authority to proceed with this pilot, the
BC Attorney General indicated that the intent of the Act was for the Park Board, as a local
government, to have this by-law making authority; however, staff have been advised that this
authority could be legally challenged unless the language in the Act is expanded to explicitly
include the Park Board.
As such, in collaboration with the City of Vancouver Legal Services and the Intergovernmental
Relations Office, a request was submitted on the Park Board’s behalf for the Province to amend
the Act accordingly. With the understanding that this work was underway, staff proceeded with
developing plans for the Park Board pilot program and drafting the by-law required to designate
the sites where alcohol consumption would be permitted so that, subject to Board approval, the
pilot could be implemented as soon as the provincial legislation was updated.
Staff have since been informed the current BC Legislative agenda is full and there is no ability to
process the required changes to the Act in time for a pilot this summer. In the interim, in order
to expedite implementation of the pilot an alternate process has been proposed that would
involve submitting a request to the Lieutenant Governor-in-Council (LGIC) to make a regulation
authorizing the public consumption of liquor in Vancouver parks on behalf of the Park Board.
The LGIC has authority under Section 11 of the Act to make regulations allowing “the
consumption of liquor… by prescribed persons or entities or entities for prescribed purposes, in
prescribed circumstances, on prescribed conditions or in or at prescribed places, including,
without limitation public places”. It is anticipated that this regulation could be made in early
August to support the pilot, however all authority will continue to rest with the Province until the
legislative changes are made. This means the Board will not have the ability to amend by-laws
directly to address any potential issues that may arise during the pilot as the BC Cabinet would
need to amend the regulation if required. This could significantly impact the timeliness of any
response to an identified risk, potentially increasing the risk to the public in Vancouver in the
meantime, and may also pose an additional burden on the Province.
DISCUSSION
Vancouver’s parks and beaches are essential to community health and wellbeing, particularly in
high-density neighbourhoods where access to private outdoor space is limited. This need has
been heightened during the COVID-19 pandemic, with BC’s Provincial Health Officer stating
that spending time in parks is important for mental health, and recommending people socialize
outdoors to decrease the risk of virus transmission. As well, ongoing travel restrictions and the
reduced operations and/or closures of many businesses, restaurants, and attractions have also
contributed to the dramatically increased use of these vital outdoor spaces. Google Mobility
data indicates park use is up in the range of 50-70% province-wide.
As restrictions in BC begin to ease and people seek opportunities to resume socializing while
still practicing safe distancing, there has been rising public pressure on local governments to
allow for the responsible consumption of alcohol in outdoor public spaces, particularly in parks
and beaches. As such, several other BC jurisdictions, including Vancouver City Council, have
recently passed or are considering passing by-laws on this matter.
Further, in support of safe and equitable access to outdoor spaces, while also recognizing the
potential for unconscious bias when alcohol-related incidents are enforced, Vancouver City
Council passed a motion encouraging the Park Board to proceed with its proposed pilot to allow
alcohol consumption in parks as quickly as possible.
To meet the increasing public demand, and in response to Board and Council motions, staff
developed a pilot program for allowing the consumption of alcohol in designated areas within
ten (10) different parks located across the city. This proposed pilot program was presented to
the Board on July 6, 2020, however it was referred back to staff to give further consideration to:
- including pilot sites in each of Vancouver’s 23 neighborhoods;
- requiring that liquor be consumed with meals;
- ensuring that designated areas were large enough to support physical distancing; and
- identifying a larger more suitable location in Vanier Park;
Based on the Board’s direction, staff broadened the site selection criteria, reviewed all the
potential park sites, identified some additional possible pilot areas, and revised the proposed
pilot program accordingly.
Staff have also undertaken preliminary consultations with City of Vancouver Legal Services,
Risk Management, Vancouver Police Department (VPD), and Vancouver Fire & Rescue
Services, as well as with Vancouver Coastal Health (VCH) to help inform site considerations
related to potential risks, enforcement concerns, public health, and safety. Some initial
feedback from the Park Rangers and VPD are included later in this report under “Regulation
and Enforcement.” Feedback from VCH, with relevant excerpts from a letter to Mayor and
Council as well as from a letter to the Park Board, is also included later in this report under
“Public Health Considerations”.
Through these consultations, there were some general concerns raised around the potential for
increased risks to public health and safety, which could result in a higher number of calls to
respond to alcohol-related incidents. In consideration of these concerns, staff feel the best way
to fully understand and assess the potential impacts of allowing the consumption of alcohol in
parks is through a controlled pilot program.
Should the proposed pilot program proceed this summer, this internal and external consultation
will be ongoing throughout the pilot as usage is monitored and feedback collected and will be
expanded to include park stakeholders and business partners who may be impacted (positively
or negatively). Feedback from the Musqueam, Squamish, and Tsleil-Waututh First Nations will
also be sought.
As directed, staff considered the possibility of including “at least one park in each of the 23
distinct neighborhoods of the City” in the revised pilot (note Strathcona represents 2 of the 23
neighbourhoods; includes the Downtown Eastside and False Creek Flats). After reviewing the
potential park sites in each of the neighbourhoods excluded from the original report, staff
confirmed that there were still a few areas that did not have any parks that met the selection
criteria. As VanPlay findings suggest that neighbourhood boundaries are not the best factor for
determining the provision of services, staff also considered factors such as current population
density, walkable access to sites, and VanPlay’s Equity Initiative Zones.
Through this review process, a total of twenty-two (22) potential sites have been identified for
the pilot program. By applying the factors noted above, in addition to considering proximity to
neighbourhoods where no suitable sites were identified, some neighbourhoods have multiple
sites proposed.
Per the original staff report, the criteria considered in selecting the pilot sites are as follows:
a. Highly visible, non-remote locations with emergency vehicle access (public safety);
b. Distribution of locations city-wide to provide equitable access;
c. Washroom facilities & recycling/litter receptacles nearby;
d. Features & amenities appealing for socializing (views, benches, picnic tables/shelters);
e. Pedestrian, cycling, and public transit access;
f. Nearby parking for accessibility (seniors, physically disabled, families);
g. Proximity to food & beverage services (concessions & business partners);
h. Minimal impacts to natural areas, purpose-built, and/or programmable spaces (e.g.,
wetlands, meadows, skate parks, dog off-leash areas, sports fields, etc.);
i. Minimal impacts/disruptions to neighbouring residents;
j. Minimum 20 metres from playgrounds;
k. Not adjacent to schools;
l. Avoid bathing beaches (for aquatic safety reasons);
m. Avoid primary special event venues (to reduce conflicts/need for temporary restrictions).
As outlined in Table 1 below, the revised pilot now includes a total of twenty-two (22) potential
sites, with the new or adjusted sites noted in bold. Also, any parks that are expected to have
summer day camp programs have been flagged with an asterisk (*). Should the pilot proceed in
August, staff will work with camp leaders to address any potential challenges.
Table 1: List of Parks with Proposed Designated Areas for Pilot Program
Park Name Neighbourhood Designated Area(s) Features
Renfrew-
1. Collingwood grassy area at east corner washrooms
Collingwood
washrooms; waterfront view;
2. David Lam Downtown grassy area south of seawall
benches
grassy area surrounded by washrooms; waterfront view;
3. Fraser River Kerrisdale
walking path; south section parking
grassy area west of playground
4. Granville* Fairview washrooms
in west section of park
5. Harbour northwest corner; north of washrooms; waterfront view;
West End
Green pathway benches; cycling route
three different grass areas washrooms; bookable picnic
6. John Hendry Kensington-Cedar
along east, west & south sides site; picnic tables; food &
(Trout Lake)* Cottage
of Trout Lake beverage; parking
washrooms; picnic tables;
7. Kitsilano east area; from parking lot to
Kitsilano waterfront view; open space &
Beach Hadden Park
shaded area
grassy area north of walking washrooms; food & beverage
8. Langara Marpole
path (at golf course clubhouse)
Detailed site maps of each park, with the areas where consumption of alcohol will be permitted
clearly marked, are included as Schedule 2 of the draft By-law (see Appendix A). The location
of each park included in the pilot program is marked on the city-wide map shown in Figure 1.
As shown in the above map, there are four (4) neighbourhoods that provide multiple pilot site
locations: Downtown (2), Hastings-Sunrise (2), Kerrisdale (2), and Kitsilano (3).
There are also five (5) neighbourhoods that do not include a potential pilot site: Marpole,
Shaughnessy, South Cambie, Strathcona, and Victoria-Fraserview. A list of the parks in these
neighbourhoods that were considered but not recommended is outlined in Appendix B, with
some of the site selection criteria analysis included.
During the pilot, staff will be monitoring usage and collecting feedback to review during the
ongoing stakeholder consultation process and to inform any operational adjustments that might
be required to address immediate concerns.
Staff anticipate that the frequency of washroom cleaning, litter-picking, and garbage removal
may need to be increased, with additional bins installed in some areas.
As it is the responsibility of the Vancouver Police Department (VPD) to enforce issues related to
liquor consumption, Park Rangers will contact the VPD when assistance or enforcement is
needed. In preliminary discussions, the VPD have raised concerns around: public safety;
consumption by minors; overconsumption; public urination, and other disturbance related calls.
Regarding the expansion of the pilot to 22 sites, VPD indicated that they do not have the
resources to continually check on these locations and the monitoring will primarily fall back upon
Park Board staff. Staff will work collaboratively with both the VPD and Rangers during the pilot
process to identify challenges and opportunities. In the event that the pilot causes a significant
increase of Park Ranger calls for service, existing Ranger resources will need to be pulled away
from other services deemed lower in priority. Staff will need to make these adjustments
throughout the initiative as deemed appropriate.
To support the intent of the pilot in providing safe and equitable access to outdoor spaces where
the public has the option to responsibly consume alcohol while socializing, the Board directed
staff to also consider whether the pilot can include a restriction that liquor may only be
consumed with a meal. Both the VPD and Park Rangers suggest that while having food
locations nearby and accessible is advisable, making it mandatory would be unenforceable.
Thus the proposed bylaw does not include this requirement
Currently, all restaurant partners already have liquor licences and as an extension of these
existing licences, they are now authorized to sell sealed alcohol with food until October 31,
including at the third-party concessions operated by the Boathouse Restaurant at Kitsilano
Beach Park and the Cactus Club at English Bay. This program is a result of the Province
temporarily lifting some restrictions during the COVID-19 pandemic. To support these Park
Board partners and to encourage food and alcohol purchases from those located near the
proposed pilot sites at Harbour Green, Queen Elizabeth, and Stanley parks, staff will inform the
public of these food and alcohol options during the pilot.
Park Board operated concessions do not have liquor licences and therefore are not currently
able to sell sealed alcohol. The process of applying and expanding existing business licences
to accommodate the sale of alcohol is lengthy, will require capital modifications to sites for
secure storage, and cannot be completed in time for a summer 2020 pilot. Pending the
outcome of the pilot, staff can initiate the process to review the feasibility of offering alcoholic
beverages from viable Park Board concession sites, however in the meantime they will continue
to be promoted to park visitors as a convenient and affordable option for food.
In a letter to the Mayor and City Council on May 14, 2020, the Chief Medical Health Officer
indicated that:
… in regards to debates surrounding liquor policy reform, both heavy and
moderate drinking brings elevated risks to individual health and to the public at
large. Alcohol is a leading risk factor for premature death and disability
worldwide and a causal factor in more than 200 disease and injury conditions.
Risks and harms from alcohol are not limited to individual drinkers themselves.
Alcohol addiction and problematic drinking can place serious strain on
professional and personal relationships and negatively impact public health. With
this in mind, we do recognize that the current circumstances regarding the use of
public space, responsible socialization, social isolation, and liquor consumption
among Canadians have changed due to the COVID-19 pandemic, and as such, it
is reasonable to re-examine these things in the public interest.
On July 6, 2020, the Chief Medical Health Officer also sent a letter to the Board expressing
concern over the large number of sites that had been selected for the proposed pilot, as well as
regarding staff capacity for enforcement and meaningful evaluation of the impacts. The letter
states that “if the Park Board does elect to move forward with the recommendations to permit
alcohol consumption in parks, I suggest that the pilot be limited to fewer sites than what is
currently proposed, and that park board staff be given sufficient resources to monitor safe
implementation.”
The Board directed staff to review pilot sites “to ensure there is sufficient space for users to
observe mandated physical distancing”. The proposed sites have been chosen for their large
size and regular shape to ensure adequate space for social distancing can be practiced,
however it is important to note that park users will be expected to take personal responsibility for
being safe and social distancing. Staff will continue social media and communication
campaigns to encourage that social distancing guidelines be followed by all park users.
Financial Considerations
Vancouver parks are already seeing an impact on cleaning and maintenance needs due to the
growing demand for outdoor public spaces during the pandemic. In the absence of additional
staff resources or funding, implementing and meeting the needs of the proposed pilot program
will require shifting resources from existing commitments.
In addition to incremental material costs for signage (incidental), it is anticipated that the pilot
will require the following staff/labour resources:
- website & signage planning/design;
- signage fabrication, installation, and ongoing maintenance;
- development and delivery of both onsite & online public engagement & communication
campaigns;
- increased waste removal, litter pick-up, and washroom servicing;
- ongoing monitoring and responding to call-outs by Park Rangers and VPD;
- feedback monitoring and data collection via social media, 3-1-1, etc.;
- site observation, data collection, analysis, and reporting; and
- ongoing consultation with rights-holders, stakeholders and partners.
This work will need to be absorbed by existing budget capacity, which has already been
negatively impacted as a result of the COVID19 pandemic. The diversion of funds to implement
and manage the pilot, along with the prioritization of existing staff time from other priorities, may
have unintended consequences.
All operational needs will be monitored during the pilot program and will be summarized in the
report back to the Board, along with any estimated staffing and incremental costs for future
initiatives.
OTHER CONSIDERATIONS
City of Vancouver Pilot Program
On June 23, 2020, City Council reconsidered and approved a member motion titled
“Designating Public Space for Responsible Consumption of Alcohol”. In response, City
Planning and Engineering staff are developing an alcohol consumption pilot on City properties,
including streets, plazas, and sidewalks. Park Board and City staff will work collaboratively on
the two pilot projects as much as is possible.
Should the Board approve the optional interim measure outlined in Recommendation D to
expedite the implementation of the pilot program, staff will request the Lieutenant Governor-in-
Council (LGIC) make a regulation authorizing the public consumption of liquor in Vancouver
parks on behalf of the Park Board, in accordance with the terms outlined in Appendix A of this
report.
In the meantime, staff will continue with stakeholder consultations and the development of
communication tools (signage, website, surveys, etc.) in preparation for a possible mid-August
implementation (based on the interim regulatory option). If the pilot program proceeds as
initially planned this summer, staff will report back to the Board with the pilot findings and
recommendations on the feasibility of future initiatives that continue to support the Park Board
mandate to provide parks and recreation spaces that are safe and welcoming for all.
lt/ds/clc
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT)
Note: A By-law will be prepared generally in accordance with the provisions listed below, subject to
change and refinement prior to posting.
1. This By-law amends the indicated provisions of the Parks Control By-law.
““LIQUOR” means, subject to the Liquor Control and Licensing Regulation, B.C.
Reg. 241/2016, beer, wine, spirits or other product that is intended for human
consumption and that contains more than 1% alcohol by volume.”; and
3. The Board adds the following new sections in the correct numerical order:
“ CONSUMPTION OF LIQUOR
23A. The parks or parts thereof listed in Schedule 2 of this by-law, the boundaries of
which will be identified by signs posted in accordance with this by-law, are
hereby designated as places where liquor may be consumed.
(a) in those areas designated as places where liquor may be consumed under
section 23A of this by-law;
(b) between [date of enactment of by-law] and October 12, 2020; and
23C. The General Manager or their delegate must post signs setting out:
(a) the boundaries of the places where liquor may be consumed; and
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT)
(c) be posted on posts or affixed to other items along the boundaries of the
places where liquor may be consumed.”.
23E. All of the other provisions of this by-law remain in effect at all times in the
designated areas.
4. The Board adds a new Schedule 2 – Parks and Areas of Parks Where Liquor May be
Consumed, as attached to this By-law as Pilot Sites (Schedule 2).
*****
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX A
Liquor Consumption in Parks By-law (DRAFT) – Pilot Sites (Schedule 2)
APPENDIX B
Parks Considered in Neighbourhoods without Pilot Sites:
- Marpole, Shaughnessy, South Cambie, Strathcona & Victoria-Fraser View
Meets Criteria?
Park Name Other Considerations
wash- no sport no off-
no school
rooms fields leash area
Marpole
Ash No Yes Yes Yes
Shannon No No No Yes
APPENDIX B
Parks Considered in Neighbourhoods without Pilot Sites:
- Marpole, Shaughnessy, South Cambie, Strathcona & Victoria-Fraser View
Meets Criteria?
Park Name Other Considerations
wash- no sport no off-
no school
rooms fields leash area
Strathcona
high drug overdose
Maclean* Yes Yes Yes Yes
incidents (per VCH)
Oppenheimer Yes Yes Yes Yes park restoration underway
Fraserview No No No Yes
Tecumseh No No Yes No