B.C. Reg. 379/2004, deposited August 4, 2004, pursuant to the LIQUOR CONTROL AND LICENSING ACT [Section 84 (2) (i)]. Order in Council 850/2004, approved and ordered August 4, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as follows:

1 Section 14 is amended by adding the following subsections:

(2.1) For the purposes of this section, a reference in subsection (2) to "an application for the licence" includes an application for the licence as that application was amended or transferred by an application made before, on or after November 29, 2002.

(4) Subsection (5) applies to an application, made after the coming into force of this subsection, to

(a) amend an application referred to in subsection (2) by changing the establishment to which the proposed licensee retail store licence is to apply, or

(b) transfer a licensee retail store licence to a new establishment.

(5) An application referred to in subsection (4) must not be approved unless

(a) the proposed new establishment is at least 0.5 km from

(i) the site of any existing licensee retail store, and

(ii) the site of any establishment to which an application referred to in subsection (2) relates, or

(b) the general manager otherwise approves.

2 Section 72 is amended

(a) in subsection (1) by striking out "(3) and (4)" and substituting "(3), (4) and (5)", and

(b) by adding the following subsection:

(5) Sections 17 (7) (e) and 17.5 (1) (b) of the regulations made under the Act as they read immediately before December 2, 2002 do not apply to an application for a licensee retail store licence.

— R. THORPE, Presiding Member of the Executive Council.

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