Liquor License Act

Liquor Licence Act, R.S.O. 1990,

Definitions

In this Act, “alcohol” means a product of fermentation or distillation of grains, fruits or other agricultural products, and includes synthetic ethyl alcohol

“Beer” means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products in drinkable water;

No person shall keep for sale, offer for sale or sell liquor except under the authority of a licence or permit to sell liquor or under the authority of a manufacturer’s licence.

No person shall canvass for, receive or solicit orders for the sale of liquor unless the person is the holder of a licence or permit to sell liquor or unless the person is the holder of a licence to represent a manufacturer.

No person shall deliver liquor for a fee except under the authority of a licence to deliver liquor.

The Registrar may issue a proposal to revoke or suspend a licence to sell liquor or refuse to renew such a licence for any ground under subsection 6 (2), (4) or (4.1) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Conditions of permit

A police officer or a person designated under subsection 43 (1) may, by giving a notice of revocation in accordance with subsection (15), revoke a special occasion permit issued for an event while the event is under way if he or she reasonably believes that this Act or a prescribed provision of the regulations is being contravened in connection with the event.

The notice of revocation may be given orally or in writing to the permit holder or to a person designated under the regulations by the permit holder to attend the event in the permit holder’s place.

A notice of revocation under subsection (14) takes effect immediately.

No person shall purchase liquor except from a government store or from a person authorized by licence or permit to sell liquor.

No manufacturer or employee, agent or licensed representative of a manufacturer shall give any liquor to any person, except as permitted by the regulations.

No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated.

No person shall knowingly sell or supply liquor to a person that is under nineteen years of age.

No person shall sell or supply liquor to a person who appears to be under the age of nineteen years.

No licensee or employee or agent of a licensee shall knowingly permit a person under the age of nineteen years to have or consume liquor in the licensee’s licensed premises.

No licensee or employee or agent of a licensee shall permit a person who appears to be under nineteen years of age to have or consume liquor in the licensee’s licensed premises.

The above subsections do not prohibit a licensee or employee or agent of a licensee from permitting a person eighteen years of age to be in possession of liquor during the course of the person’s employment on the licensee’s licensed premises.

From a security guard’s perspective, the provided text pertains to regulations and prohibitions related to the sale and consumption of liquor at events or licensed premises. Here’s an explanation:

Revocation of Special Occasion Permit:
- A police officer or designated person can revoke a special occasion permit during an event if they reasonably believe there is a violation of the law or prescribed regulations. The revocation notice can be given orally or in writing to the permit holder or their designated representative and takes effect immediately.
Purchase of Liquor:
- Liquor can only be purchased from government stores or individuals authorized by a license or permit to sell liquor.
Prohibition on Giving Liquor:
- Manufacturers or their representatives cannot give liquor to any person except as allowed by regulations.
Sale or Supply to Intoxicated Persons:
- It is prohibited to sell or supply liquor to individuals who are or appear to be intoxicated.
Age Restrictions:
- Selling or supplying liquor to individuals under the age of nineteen is strictly prohibited.
Allowing Consumption by Minors:
- Licensees and their employees or agents are not allowed to knowingly permit individuals under nineteen years of age to have or consume liquor on licensed premises.
Employment Exception:
- There is an exception for individuals who are eighteen years old and employed on licensed premises to be in possession of liquor during the course of their employment.

For security guards, this information is crucial in maintaining a safe and compliant environment. Guards may need to enforce these regulations, check identification to verify age, monitor for signs of intoxication, and report any violations to appropriate authorities. Understanding and applying these rules contributes to the overall safety and legal operation of events or licensed premises.

Possession or consumption

No person under nineteen years of age shall have, consume or attempt to purchase, purchase or otherwise obtain liquor.

This subsection does not prohibit a person eighteen years of age from being in possession of liquor during the course of the person’s employment on premises in which the sale or service of liquor is authorized.

From a security guard’s perspective, the provided text outlines regulations related to the age restrictions on the possession, consumption, and purchase of liquor. Here’s an explanation:

Age Restriction:
- Individuals under nineteen years of age are prohibited from having, consuming, attempting to purchase, purchasing, or otherwise obtaining liquor.
Employment Exception:
- There is an exception for individuals who are eighteen years of age. They are allowed to be in possession of liquor during the course of their employment on premises where the sale or service of liquor is authorized.

Implications for Security Guards:

Age Verification: Security guards need to be vigilant in checking identification to ensure that individuals attempting to purchase or consume liquor are at least nineteen years old.
Employee Compliance: Guards should be aware of and respect the exception for individuals aged eighteen who are employed on the premises. They are allowed to possess liquor as part of their job.
Enforcement: Security personnel may need to take appropriate measures, such as denying access to liquor or reporting violations, to ensure compliance with these regulations.

Understanding and enforcing these regulations is essential for maintaining a safe and legally compliant environment, especially in venues where the sale or service of liquor is authorized. Guards play a crucial role in upholding these rules and contributing to the overall security of the premises.

Entering premises

No person under nineteen years of age shall enter or remain on premises in which the sale of liquor is authorized if the person knows that a condition of the licence or permit for the premises prohibits the entry of persons under the age of nineteen years.

This does not apply to a person eighteen years of age who is employed on premises in which the sale or service of liquor is authorized while the person is on the premises during the course of his or her employment.

From a security guard’s perspective, the provided text outlines regulations related to the age restrictions for entry and presence on premises where the sale of liquor is authorized. Here’s an explanation:

Age Restriction:
- Individuals under nineteen years of age are prohibited from entering or remaining on premises where the sale of liquor is authorized if they are aware that a condition of the license or permit prohibits the entry of persons under the age of nineteen.
Employment Exception:
- There is an exception for individuals who are eighteen years of age. If they are employed on premises where the sale or service of liquor is authorized, they are allowed to be on the premises during the course of their employment.

Implications for Security Guards:

Age Verification: Security guards are responsible for verifying the age of individuals entering the premises where liquor is sold. If an individual is under nineteen and aware of the restriction, they should be denied entry or asked to leave.
Employee Compliance: Guards should be aware of and respect the exception for individuals aged eighteen who are employed on the premises. They are allowed to be present during their employment.
Enforcement: Security personnel may need to take appropriate measures, such as denying entry or asking individuals to leave, to ensure compliance with these regulations.

Understanding and enforcing these regulations is crucial for maintaining a safe and legally compliant environment, particularly in venues where the sale or service of liquor is authorized. Guards play a key role in upholding these rules and contributing to the overall security of the premises.

Improper documentation

No person shall present as evidence of his or her age any documentation other than documentation that was lawfully issued to him or her.

Supply by parent

This section does not apply to the supplying of liquor to a person under nineteen years of age in a residence as defined or in a private place as defined in the regulations by a parent of the person or a person having lawful custody of the person or to the consumption of liquor by a person who is supplied liquor in this setting, if the liquor is consumed at the place where it is supplied.

In this section, “residence” means a place that is actually occupied and used as a dwelling, whether or not in common with other persons, including all premises used in conjunction with the place to which the general public is not invited or permitted access, and, if the place occupied and used as a dwelling is a tent, includes the land immediately adjacent to and used in conjunction with the tent.

Scenario: “Private Residence Gathering”

Setting: A residential neighborhood with various homes.

Situation:

You, as a security guard, are on duty at a private residential community event hosted by a parent for their teenager’s birthday party. The event is taking place in the parent’s backyard, and it involves a gathering of friends and family. Your role is to ensure the safety and security of the event.

Context:

The birthday person is seventeen years old, and their parent is the host of the party.
The gathering is taking place in the parent’s backyard, which is a private space not accessible to the general public.
The parent, who is supplying liquor, is lawfully allowed to do so in a private residence setting.

Application of the Section:

The section specifies that it does not apply to the supplying of liquor to a person under nineteen years of age in a residence by a parent or a person having lawful custody of that person. Additionally, it does not apply to the consumption of liquor by a person supplied with liquor in this setting if consumed at the place where it is supplied.

Security Guard’s Role:

Age Verification: As guests arrive, you check identification to ensure that attendees consuming liquor are at least nineteen years old.
Monitoring Consumption: You observe the consumption of liquor to ensure it is limited to the designated private area (the parent’s backyard).
Communication: If any concerns arise, you communicate with the parent host to address the situation. In this case, the parent is within their legal right to supply and allow consumption of liquor by their minor child and their guests on their private property.
Safety: Your primary focus is on maintaining a safe and secure environment, ensuring that guests act responsibly, and intervening if any disruptive behavior occurs.

Understanding the exceptions and regulations related to private residences is crucial for security guards in scenarios involving private gatherings where liquor is supplied and consumed.

Unlawful possession or consumption

No person shall have or consume liquor in any place other than a residence, a premises in respect of which a licence or permit is issued or a private place as defined in the regulations.

This subsection does not apply to the possession of liquor that is in a closed container.

No person shall be in an intoxicated condition in a place to which the general public is invited or permitted access or in any part of a residence that is used in common by persons occupying more than one dwelling in the residence.

Arrest without warrant

A police officer may arrest without warrant any person whom he or she finds contravening the above subsections if, in the opinion of the police officer, to do so is necessary for the safety of any person.

In this section, a reference to a police officer includes a conservation officer.

Removing person from premises

The holder of a licence or permit issued in respect of premises shall ensure that a person does not remain on the premises if the holder has reasonable grounds to believe that the person is unlawfully on the premises, is on the premises for an unlawful purpose or is contravening the law on the premises.

The holder of a licence or permit may request a person referred to in the section, above to leave the premises immediately and if the request is not forthwith complied with may remove the person or cause the person to be removed by the use of no more force than is necessary.

Order to vacate premises

If there are reasonable grounds to believe that a disturbance or breach of the peace sufficient to constitute a threat to the public safety is being caused on premises for which a licence or permit is issued, a police officer may require that all persons vacate the premises.

Not to remain after being required to leave, No re-entry

No person shall remain on licensed premises after being required to vacate the premises by a police officer under this section.

No person shall re-enter the licensed premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

Duty to ensure premises vacated

The holder of the licence or permit for premises that are required to be vacated under this subsection shall take all reasonable steps to ensure that the premises are vacated.

Right to refuse entry

A licensee or employee of a licensee who has reason to believe that the presence of a person on the licensee’s licensed premises is undesirable may request the person to leave or forbid the person to enter the licensed premises.

No person shall remain on licensed premises after he or she is requested to leave by the licensee or an employee of the licensee or re-enter the licensed premises on the same day he or she is requested to leave.

Removing persons from premises where contravention suspected

If there are reasonable grounds to believe that this Act or a prescribed provision of the regulations is being contravened on any premises, a police officer may require that all persons vacate the premises.

Not to remain after being required to leave

No person shall remain on the premises after being required to vacate the premises by a police officer under this section or re-enter the premises on the same day he or she is required to vacate unless authorized to re-enter by a police officer.

This section does not apply in respect of persons actually residing in the premises.

By-law designating recreational area

The council of a municipality may by by-law designate a recreational area within the municipality that is owned or controlled by the municipality as a place where the possession of liquor is prohibited.

A police officer who finds a person apparently in contravention of subsection 31 (4) may take the person into custody and, in lieu of laying an information in respect of the contravention, may escort the person to a hospital designated by the regulations.

Scenario: “Public Event Intervention”

Setting: A municipal park hosting a community event with a designated recreational area.

Situation:

You, as a security guard, are assigned to provide support for a community event held in a municipal park. The event includes various activities, food stalls, and entertainment. The park is known for being family-friendly and often hosts gatherings.

Application of the Section:

During the event, a police officer observes a group of individuals who appear to be violating liquor regulations. There are reasonable grounds to believe that this Act or a prescribed provision of the regulations is being contravened on the premises. The police officer decides to take action based on the law.

Security Guard’s Role:

Observation: While performing your duties, you notice a group of individuals consuming alcohol in an area where liquor possession might be prohibited according to municipal by-laws.
Coordination with Police: You immediately contact the local police to report the observed violation and provide details on the situation.
Assisting Evacuation: Upon the arrival of the police officer, they assess the situation and determine that there are reasonable grounds to believe a contravention is occurring. The police officer decides to require all persons to vacate the premises.
Ensuring Compliance: As a security guard, you assist in ensuring that individuals comply with the police officer’s directive to vacate the premises. You communicate the requirement to event attendees and guide them toward the exit.
Preventing Re-entry: You monitor the area to prevent individuals who were required to leave from re-entering the premises on the same day unless authorized by the police officer.
Cooperation with Authorities: If the police officer decides to take a person into custody for apparent contravention, you assist in maintaining order and ensuring a smooth transition to the custody process.

Understanding the legal provisions related to premises evacuation and prohibition of liquor possession in designated areas is crucial for security guards working at public events, especially when cooperation with law enforcement is required to maintain public safety and uphold regulations.

Civil liability

The following rules apply if a person or an agent or employee of a person sells liquor to or for a person whose condition is such that the consumption of liquor would apparently intoxicate the person or increase the person’s intoxication so that he or she would be in danger of causing injury to himself or herself or injury or damage to another person or the property of another person:

If the person to or for whom the liquor is sold commits suicide or meets death by accident while so intoxicated, an action under Part V of the Family Law Act lies against the person who or whose employee or agent sold the
If the person to or for whom the liquor is sold causes injury or damage to another person or the property of another person while so intoxicated, the other person is entitled to recover an amount as compensation for the injury or damage from the person who or whose employee or agent sold the liquor

Scenario: “Liability in Intoxication”

Setting: A licensed bar or nightclub where you work as a security guard.

Situation:

You are conducting routine patrols in a busy nightclub. It’s a lively night with a significant number of patrons enjoying drinks and music. Your primary responsibility is to ensure a safe and secure environment.

Application of the Rule:

You notice an individual at the bar who appears heavily intoxicated. The bartender continues to serve them, seemingly unaware of the customer’s level of intoxication. According to the law, selling liquor to someone in such a condition may lead to serious consequences.

Security Guard’s Role:

Observation: As part of your regular patrol, you observe a patron who is visibly intoxicated at the bar. The individual is swaying, slurring words, and showing signs of significant impairment.
Communication with Bartender: You approach the bartender and discreetly notify them of your observation, emphasizing the potential risks associated with serving an already intoxicated person.
Preventing Further Service: In collaboration with the bartender, you work to prevent the intoxicated individual from being served additional drinks. This may involve politely informing the patron that they won’t be served any more alcohol due to their current state.
Documenting the Situation: You make a detailed note of the interaction, recording the time, the bartender’s response, and any actions taken to prevent further service. Documentation is crucial for potential legal implications.

Potential Outcomes:

Family Law Act Action: If the intoxicated person were to leave the establishment and, unfortunately, meet death by accident or commit suicide, their family might have legal grounds to take action against the establishment and the person responsible for serving the alcohol.
Compensation for Injury or Damage: If the intoxicated person were to cause harm or damage to another person or property, the affected party could seek compensation from the establishment or the person responsible for serving the alcohol.

Understanding and adhering to these rules is essential for security guards, as their proactive actions can prevent potential legal issues and contribute to maintaining a safe and responsible drinking environment.

Obstruction

No person shall obstruct a person carrying out an inspection under this Act or withhold, destroy, conceal or refuse to provide any relevant information or thing required for the purpose of the inspection.

Seizure

A police officer may seize any thing, including liquor, if:

He or she reasonably believes that the thing will afford evidence of an offence under this Act;
He or she reasonably believes that the thing was used or is being used in connection with

the commission of an offence under this Act, and unless the thing is seized it is likely that it would continue to be used or would be used again in the commission of an offence under this Act; or

He or she reasonably believes that the thing is proceeds from the commission of an offence under this

Scenario: “Seizure for Evidence”

Setting: You’re a security guard working at a large outdoor event, such as a music festival or a public gathering where alcohol is being served.

Situation:

During your patrol, you observe a group of individuals engaging in suspicious behavior near a vendor’s booth. The behavior suggests a potential violation of the liquor laws.

Application of the Rule:

Based on your training and experience, you suspect that evidence of an offence under the liquor laws might be found in the possession of these individuals. You decide to involve local law enforcement.

Security Guard’s Role:

Observation: While patrolling the event, you notice a group acting in a manner that raises suspicions. This could include exchanging items that resemble alcohol or showing signs of intoxication beyond acceptable limits.
Engagement: You approach the group calmly and inquire about their activities. You might ask to see their IDs to confirm their age and observe if any open containers or signs of illicit behavior are present.
Contacting Law Enforcement: If your observations and interactions confirm a potential offence, you contact local law enforcement. You provide them with detailed information about the individuals, the situation, and your observations.
Assisting Police Officer: Upon arrival, the police officer assesses the situation. If they reasonably believe that evidence of a liquor-related offence is present, they have the authority to seize items, including any liquor involved.

Potential Outcomes:

Evidence Collection: The police officer seizes any items, including liquor, that may serve as evidence of the offence. This could include open containers, fake IDs, or any substances that violate liquor laws.
Preventing Further Offences: If the officer believes that the items were or could be used in the commission of an offence, seizing them helps prevent further violations.
Proceeds from Offence: If the officer reasonably believes that items are proceeds from the commission of an offence (e.g., selling alcohol without a license), these can be seized to disrupt illegal activities.

Security Guard’s Post-Event Actions:

You document the entire incident, including your observations, actions taken, and the involvement of law enforcement. This documentation is valuable for any follow-up investigations and ensures transparency in your role as a security guard.

Arrest without warrant

If a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations, and the person refuses to give his or her name and address or there are reasonable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant.

Confidentiality

Every person engaged in the administration of this Act shall preserve confidentiality in respect of all matters that come to his or her knowledge in the course of his or her duties and shall not communicate any such matter to any other person except;

As may be required in connection with the administration of this Act and the regulations or any proceeding under this Act;
To his or her counsel; or
With the consent of the person to whom the matter

61. (1) A person is guilty of an offence if the person;

Knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act;
Knowingly fails to comply with an order under subsection 38 (2); or
Contravenes any provision of this Act or the

Scenario: “Confidentiality and Offence”

Setting: You are a security guard working at a high-profile event where alcohol is served. Your role involves ensuring compliance with liquor laws and regulations.

Situation:

You notice an individual acting suspiciously around the event’s administrative area, where sensitive information related to the administration of liquor permits is being handled.

Application of the Rule:

Your training emphasizes the importance of confidentiality in matters related to the administration of liquor laws. You understand that unauthorized disclosure of such information is a breach of both professional ethics and legal obligations.

Security Guard’s Role:

Observation: While conducting your regular patrols, you notice an individual attempting to gain access to restricted administrative areas.
Engagement: Approach the individual and inquire about their intentions. If they are not authorized personnel, politely instruct them to leave the restricted area.
Preventing Unauthorized Access: Ensure that only authorized personnel are allowed in areas where sensitive information is handled. This includes securing entrances and checking credentials.
Reporting the Incident: If the individual persists or raises suspicion, report the incident to your supervisor or event management. Provide a detailed description of the person and their actions.
Assisting Authorities: If the situation escalates or if the person refuses to comply, involve local law enforcement or the appropriate authorities.

Potential Outcomes:

Preventing Unauthorized Disclosure: Your actions prevent unauthorized access to confidential information, maintaining the integrity of the administration process.
Confidentiality Preservation: By promptly addressing the situation, you uphold the confidentiality standards outlined in the liquor laws.

Security Guard’s Post-Incident Actions:

Document the incident in your logbook, including the individual’s description, actions taken, and any assistance provided by law enforcement. This documentation ensures a transparent record of your efforts to maintain confidentiality and uphold the law.

Derivative

(2) A director or officer of a corporation who caused, authorized, permitted or participated in an offence under this Act by the corporation is guilty of an offence.

Penalties

Upon conviction for an offence under this Act, other than a contravention of subsection 30 (1), (2), (3), (4) or (4.1);

A corporation is liable to a fine of not more than $250,000; and
An individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or

Same, sale, etc., to a minor

Upon conviction for contravening subsection 30 (1), (2), (3), (4) or (4.1),

A corporation is liable to a fine of not more than $500,000; and
An individual is liable to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or

Scenario: “Penalties for Liquor Offences”

Setting: You are a security guard working at a large venue hosting an event where alcohol is being served.

Situation:

During your rounds, you observe an individual selling alcohol to a minor within the venue.

Application of the Rule:

Your training emphasizes the severity of selling alcohol to minors, and you are aware of the legal consequences outlined in the liquor laws.

Security Guard’s Role:

Observation: Witness an individual selling alcohol to someone who appears to be under the legal drinking age.
Intervention: Approach the seller and the minor, instructing them to cease the transaction immediately. Remind the seller of the legal consequences and the venue’s strict adherence to the law.
Assistance: If the situation escalates, call for backup or alert the venue management, providing them with all relevant details.
Document the Incident: Record the incident in your logbook, including details such as the time, location, individuals involved, and actions taken.
Cooperation with Authorities: If law enforcement arrives, provide them with a detailed account of the incident and any evidence you may have gathered.

Potential Outcomes:

Preventing Illegal Sales: Your prompt intervention prevents the sale of alcohol to a minor, upholding the law and protecting the well-being of young individuals.
Legal Consequences: The individual selling alcohol illegally may face charges as per the liquor laws.

Security Guard’s Post-Incident Actions:

Ensure that all relevant information is passed on to law enforcement and venue management. Your documentation may serve as crucial evidence in legal proceedings. Additionally, report the incident to your supervisor for further review and potential adjustments to security protocols.

Exception

An individual who is convicted of an offence under subsection 31 (2) or (4) is not liable to imprisonment.

City of Toronto By-laws

Toronto by-law extending hours of sale

The City of Toronto may pass by-laws extending the hours of sale of liquor in all or part of the City by the holders of a licence and a by-law may authorize a specified officer or employee of the City to extend the hours of sale during events of municipal, provincial, national or international significance.