The Spike Pub & Liquor Store - ABLE BC
The Spike Pub & Liquor Store - ABLE BC
The Spike Pub & Liquor Store - ABLE BC
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<strong>Liquor</strong> Policy and Business Review<br />
by Dennis P. Coates<br />
Maximizing LRS Values and Bankability<br />
<strong>The</strong> separation of LRS and LP licenses in December has created great<br />
opportunities to maximize LRS values and make them more bankable. It is<br />
essential that Third Party Use Agreeements, as they relate to LRSs, be replaced<br />
with a transfer of the LRS license. If both licenses are operated by the same<br />
company, one should be transferred into a new company. <strong>The</strong> accountants<br />
need to be involved to deal with valuation, capital gains, and timing. Subleases,<br />
where they exist in connection with the LRS Third Party Use agreement, should<br />
be replaced by head leases. <strong>The</strong> intent is that all aspects of the two operations<br />
should be entirely separate, including bank accounts, employees and all<br />
contractual obligations or guarantees. Banking should be separated out for<br />
the two entities.<br />
“… all aspects of the two operations<br />
should be entirely separate…”<br />
<strong>The</strong>se steps will ensure that when one of the businesses is sold, family, estate,<br />
or tax planning and management can be done with fewer complications. It may<br />
take one or two fiscal year-ends to accomplish all the steps, but the benefits<br />
are there to be had.<br />
<strong>The</strong> valuation of the two entities continues to be an inexact science. <strong>The</strong><br />
multiples of net income for valuation will fluctuate based on geographical<br />
location, level of gross income, competition from either public or private stores,<br />
margins, and trends. <strong>The</strong>re are many examples of liquor store pricing in certain<br />
municipalities that result in low income levels and increased expenses, which<br />
again affects the valuation formula. <strong>The</strong> current trend seems to be that LP<br />
operations with a high dependence on food attract less interest from buyers<br />
and banks, and as a result, don’t sell at a multiplier much more than three to<br />
four times net income.<br />
Licensing Audits<br />
It is recommended that every year a checklist of items be reviewed to ensure<br />
that issues don't arise that could affect your license and your business. <strong>The</strong><br />
matters that should be on the list include license renewal, ensuring that any<br />
ownership changes have been reported to the LCLB, checking that any facility<br />
changes have been reported to the LCLB, reviewing employee contracts and<br />
details including WCB matters, ensuring that staff training and notification<br />
systems are reviewed and updated, and noting that matters such as incident<br />
logs are standardized.<br />
Third Party Use Agreements<br />
<strong>The</strong> separation of LP and LRS licenses has eliminated the necessity of Third<br />
Party Use Agreements to a great extent. As a result of a legal dispute involving<br />
some of the <strong>Liquor</strong> Depot <strong>Store</strong>s, there is currently a cloud of uncertainty over<br />
the agreements that are used. <strong>The</strong> issue is the meaning of the term “business”.<br />
<strong>The</strong> Act requires that a licensee must be fit and proper, have an interest in the<br />
property or premises by way of lease or ownership, and own the business.<br />
Another section anticipates allowing someone to use your license as long as the<br />
arrangement is approved by the Branch. In the past, this has been interpreted<br />
as meaning that the licensee would retain the interest in the property and<br />
retain ownership of the license. <strong>The</strong>re is currently uncertainty over what else<br />
must be retained, or what kinds of financial arrangements are acceptable. It<br />
may be the safe course of action to submit the actual agreement to the Branch<br />
for their approval.<br />
<strong>The</strong> <strong>Pub</strong>lican<br />
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