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Liquor Licence Amendment Act, 2004, S.O. 2004, c. 28 - Bill 96

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 96 and does not form part of the law.  Bill 96 has been enacted as Chapter 28 of the Statutes of Ontario, 2004.

The Bill proposes a definition of “supply” to make it clear that the word includes cases where a licensee permits the consumption on licensed premises of wine that a patron has brought onto the premises in accordance with the regulations for the patron’s consumption. The Bill also provides for the following:

1. Gives the Registrar the power to issue immediate interim suspensions of licences in the public interest.

2. Amends sections 34 and 34.1 of the Act to prohibit persons who have been required to leave licensed or other premises by a police officer from remaining on the premises and from returning to the premises until the day after they left, unless authorized to do so by a police officer. 

3. Doubles the minimum fines for offences related to liquor and persons under 19 years of age.

 

chapter 28

An Act to amend
the Liquor Licence Act

Assented to December 16, 2004

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 1 of the Liquor Licence Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 166, 1998, chapter 24, section 1, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule E, section 7, is amended by adding the following definition:

“supply” includes a licensee’s permitting the consumption on licensed premises of wine that a patron has brought onto the premises, in accordance with the regulations, for the patron’s consumption, alone or in the company of others; (“fournir”)

2. Subsection 15 (6) of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule E, section 7, is repealed and the following substituted:

Interim suspension of licence

(6) If a proposal is issued to revoke or suspend a licence, the Registrar may by order suspend the licence prior to a hearing if he or she considers it to be necessary in the public interest.

3. Section 34 of the Act is amended by adding the following subsections:

Not to remain after being required to leave

(3.1) No person shall remain on licensed premises after being required to vacate the premises by a police officer under subsection (3). 

No re-entry

(3.2) 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. 

4. Section 34.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 37, section 14, is amended by adding the following subsection:

Not to remain after being required to leave

(1.1) No person shall,

(a) remain on the premises after being required to vacate the premises by a police officer under subsection (1);

(b) re-enter the premises on the same day he or she is required to vacate unless authorized to re‑enter by a police officer.

5. (1) Subsection 61 (6) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out “$500” and substituting “$1,000”. 

(2) Subsection 61 (7) of the Act, as amended by the Statutes of Ontario, 1998, chapter 24, section 14, is amended by striking out “$100” and substituting “$200”. 

Commencement

6. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

7. The short title of this Act is the Liquor Licence Amendment Act, 2004.