Countermeasures XVII Liquor Licensing Regulatory Reform Overview

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Countermeasures XVII Liquor Licensing
Regulatory ReformOverview

• November 3, 2008

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LLA Reform Background

• 1st Phase BYOW and public safety measures,
  including interim licence suspensions.
• 2nd Phase - All areas of liquor regulation
  examined but focus on liquor sales licensees.
• Extensive internal, public and stakeholder
  consultation processes.

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LLA Reform Objective

• Significant public safety and consumer protection
  enhancements.
• Balanced with measures to create a more
  streamlined, flexible and modern liquor licensing
  framework in Ontario.

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LLA Statutory Changes

• Enhance investigative authority of the AGCO
• Empower the AGCO Board to create a schedule of
  monetary penalties that may be imposed for
  contraventions of the LLA, as well as the GCA,
  and use the revenue collected for public and
  stakeholder education
• Introduce grounds to refuse or revoke a licence
  if the licensee/applicant is unable to
  demonstrate sufficient control over the business
  (true operator)
• Create a two-year waiting period before a person
  who has had a liquor sales licence refused or
  revoked in most cases
• Specify a minimum two-year ineligibility for
  locations disqualified from hosting events held
  under Special Occasion Permits
• Prevent the transfer of a licence after a
  suspension or revocation of the licence has been
  proposed.

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LLA Regulatory/Policy Changes

• Require licensees to take reasonable measures to
  deter or minimize damage caused by disorderly
  conduct in the vicinity of the licensed
  establishment
• Establish a duty for licensees/management to
  maintain control over their establishments,
  including patron entry and activities that take
  place in them
• Introduce minimum liquor pricing and new
  advertising and promotional guidelines
• Add limited licensing flexibility for certain
  areas and establish WHS Policy allow monitoring
  of drinks
• Prohibit the presence of Alcohol Without Liquid
  (AWOL) devices at licensed establishments
• Mandate that all liquor sales licensees and
  liquor delivery service operators ensure
  appropriate staff members successfully complete
  server training.

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Introduction of Risk-Based Licensing(RBL)
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RBL - Background

• July, 2007 s.8.1 of LLA proclaimed.
• Policy objectives
• Minimize risks to public interest and public
  safety
• Maximize compliance with regulatory requirements
  and
• Reduce administrative burdens where possible.
• Part of a policy direction to base regulation in
  compliance rather than enforcement.

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RBL - Intent and Approach

• Compliance Assist licensees to achieve and
  maintain compliance.
• Flexibility - Recognize that each licence holder
  and premises is unique.
• Consistency Work with licensees throughout
  lifecycle of licence.

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Section 8.1 of LLA

• s. 8.1(1) Board may establish criteria for
  holder and premises.
• s. 8.1(2) Board may specify conditions that
  may be imposed on licence.
• s. 8.1(3) After risk assessment, Registrar may
  designate and impose approved conditions.
• s. 8.1(4) Registrar may redesignate and change
  conditions.

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Risk Criteria

• Risk Criteria

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The Compliance Picture
Risk-Based Enforcement
Risk-Based Licensing
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RBL Conditions

• Examples of Board Approved Conditions
• The holder of the licence shall ensure that no
  person under the age of 19 years enters the
  premises.
• The holder of the licence shall not sell or serve
  and shall not permit consumption of liquor after
  XX oclock on the patio or other outdoor areas.
• The holder of the licence shall sell or serve
  liquor only in serving sizes approved by the
  Registrar of Alcohol and Gaming.

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RBL Conditions

• Plans for Filing or Approval
• Safety and Security Plan
• Compliance Plan
• Patron Control Plan
• Nuisance Mitigation Plan
• Management Control Plan

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RBL Administrative Relief

• Possible examples
• Longer renewal periods.
• Streamlined filing requirements on renewals.
• Changes in notice requirements.

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RBL - Phased Implementation
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LLA Regulatory Reform Future

• Continue implementation and refinement of
  RBL/RBE.
• Introduction of monetary penalties.
• Identified for possible future reform
• Special Occasion Permits.
• Other Licensing Regimes.

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www.agco.on.ca

• Thank you