By Sam Reynolds
The projectors may not be out for long at East Vancouver’s only movie theatre.
In a statement to the press, Solicitor General Shirley Bond said the province is investigating the possibility of changing the laws that prevent the Rio Theatre from being able to both hold a liquor license and screen films.
“We are aware of the challenges that these establishments have faced with current regulations and in fact over the last several months have been examining the policy implications and are currently considering what changes may be appropriate,” Bond said in a press release. “We look forward to having to more say about this in the near future.”
Currently, provincial law prohibits movie theatres from holding liquor primary licenses due to a clause regarding concerns around alcohol and audience members who are minors.
“We are working to try and balance the desire to assist business owners in being successful with the responsibility of regulating liquor in the interest of public safety,” Bond’s statement continued.
In mid-January, the Manitoba Liquor Control Commission announced it had amended its rules to allow liquor to be sold in movie theatres. The minister responsible for the liquor commission, Gord Mackintosh, said the changes were part of Manitoba’s new “hospitality strategy”.
The Rio — an East Vancouver landmark — has a storied history. Originally built in 1938, it was re-opened in 2006 after a $2-million renovation. In May 2008 the theatre changed hands, after being purchased by a group of investors and former restaurateur Corinne Lea.
When Lea, who is also the general manager, took over in 2008, she sought to counter dwindling ticket sales and revenue by having the theatre alternate between a movie house and live performance venue. As unlicensed live events were only marginally profitable, Lea sought a liquor primary license to allow alcohol to be served at shows.
Some movie theatres in British Columbia do allow alcohol to be served on the premises, albeit under different conditions; Ciniplex’s Silver City “VIP” cinema in Coquitlam operates a licensed lounge, and the Vancouver International Film Centre is licensed as a club as opposed to a theatre opened to the general public.
Lea received the license on January 19 and intended to begin serving alcohol at live events, and continue to screen films without alcohol service. According to media reports and a press release issued by the Rio Theatre, it was Lea’s understanding after consulting a liquor inspector that the theatre would be able to screen films when the license was not in effect — before 6:00 pm.
On January 20, the province informed Lea that as the Rio was now a licensed venue it was “not to show movies or any type of cinematic screenings at any time.”
In an interview with the Vancouver Sun, the Liquor Control and Licensing Branch’s general manager Karen Ayers clarified why the Rio was not allowed to serve liquor, even when it was operating as a performance venue and not a movie theatre.
“In order to screen motion pictures (in any number whether only one a year or very many) an establishment is required to hold a license through Consumer Protection B.C. and by law they become a movie theatre according to the Motion Picture Act. The Rio Theatre has such a license. Therefore they are a movie theatre, which also offers live entertainment,” said Ayers.
Lea has repeatedly contested the Rio’s classification as a movie theatre, claiming the establishment is a “multimedia venue”. She has also argued that facilities such as B.C. Place or Rogers Area are allowed to serve alcohol at events where minors attend.
The Fraser Institute’s Joel Wood, who recently penned an op-ed in the Province about the Rio’s plight, explained to The Peak by email that while the first revision of the Liquor Control and Licensing Act passed by the outgoing NDP government in 1975 was seen as a “huge step forward” in liberalizing B.C.’s liquor laws, successive governments have changed that.
“The regulation in question was likely crafted in 1976 by an incoming Social Credit Government that indeed wanted to placate a small, but vocal group of supporters that were morally opposed to alcohol consumption,” explained Wood. “It appears that the original intent of the regulation was to restrict alcohol consumption for moral reasons, despite the act itself being a big leap forward in B.C.”
Wood continued to argue that such “subjective” enforcement of the rules ultimately hinders businesses, and this was an unnecessary intrusion of government into the actions of individuals.
Support for the Rio has come from all levels of government, and in the case of Vancouver city council has been a bi-partisan affair.
NDP MLA Spencer Chandra Herbert presented a petition with 2000 signatures to the B.C. legislature calling on the province to change the laws, while fellow NDP MLA Jenny Kwan has publicly taken up the fight for the theatre.
Vision Vancouver city councilor Heather Deal has publicly announced plans to introduce a motion to city council calling on the province to update its liquor laws.
NPA councillor George Affleck told The Peak that he is very supportive of the motion.
“I was going to submit a similar one, but the councillor beat me to it,” said Affleck.
