Authority to Remove Gang Members from Licensed Establishments

Year
2012
Number
B59
Sponsor(s)
Pitt Meadows

WHEREAS the Lower Mainland of British Columbia has witnessed unprecedented gang violence over the last several years, often taking place at licensed establishments which are plagued by problems related to the presence of patrons who are gang members; AND WHEREAS the Province of Alberta has successfully amended their Gaming and Liquor Act to include a definition of a person involved in gang activity and also provides authority for police to remove an individual based on the formulation of articulable cause including operational experience and a comprehensive overview of the situational factors presented: THEREFORE BE IT RESOLVED that UBCM request that the Province of British Columbia enhance the present Liquor Control and Licensing Act legislation to provide police with explicit authority to determine risk to the public from known gang members based on operational experience and situational factors and facilitate the removal of those individuals from licensed establishments.

Provincial Response

Ministry of Energy, Mines and Natural Gas and Minister Responsible for Housing British Columbia remains committed to creating safer communities and stemming the tide of gang violence. The last thing our citizens want is to be caught in the middle of a violent incident. The Province has successfully devised strategies to prevent the involvement of organized crime in the ownership and management of licensed establishments. Experience in other provinces shows that legislation to remove gang members from licensed establishments must be approached cautiously given the potential for Charter of Rights and Freedoms challenges. In Alberta legislation has been effective in mitigating outward displays of gang affiliation. Police follow specific protocols and procedures prior to a known gang member being removed. The Province is reviewing whether to enact this type of legislation in British Columbia.

Convention Decision
Endorsed