JUST 2030 Lecture Notes - Lecture 4: Ecliptica, European Cooperation In Science And Technology
Liquor
Beer
•
Wine
•
Spirits
•
All alcoholic beverages are deemed to be liquor for the purpose of the liquor
licence act, except those containing less than .5% alcohol by volume.
-
Alcoholic Product
Any product containing alcohol (other than liquor defined in the act) that is
consumed by individuals as an alcoholic drink.
Ex. rubbing alcohol/shaving lotion.
→
-
Public Place
Definition of "public place" is no longer in the Liquor Licence Act.
-
Any place to which the public is invited or permitted access.
-
Residence
Any place that is actually occupied and used as a dwelling.
-
Includes all premises used in conjunction with the place to which the general
public is not invited or permitted access.
-
Common Area
Residence consist of more than one dwelling
Ex. apartment buildings
→
-
Refers to the common part of a residence
Apartment hallways
→
Apartment lobbies
→
Pool areas of apartment buildings
→
Elevators in apartment buildings
→
-
Licence
To obtain a licence the applicant must apply to the Liquor Board of Ontario.
-
Classes of Licences
Liquor sales licence
1.
Mini bar licence
2.
Penalty for Violation
INDIVIDUAL: $100,000.00 and/or ONE (1) YEAR in JAIL.
CORPORATION: Fine of not more than $250,000.00.
Limitation of Action
No proceedings shall be commenced more than TWO (2) years after the offence
was committed.
-
GENERAL ARREST POWERS WITHOUT A WARRANT POINTS TO PROVE:
POLICE OFFICER FINDS PERSON COMMITTING VIOLATION OF LLA.1.
PERSON REFUSES TO GIVE HIS/HER ADDRESS.2.
POLICE OFFICER BELIEVES ON REASONABLE GROUNDS THAT THE NAME OR
ADDRESS GIVEN IS FALSE.
3.
NOTE:
POLICE OFFICER MUST FIND COMMITTING AND FAILURE TO PROPERLY
IDENTIFY.
THERE IS NO AUTHORITY TO ARREST TO PREVENT A CONTINUATION OF
OFFENCE AS IN CC.
•
THERE IS NO ARREST AUTHORITY Without warrant FOR LLA REGULATIONS.
•
NO CITIZEN’S POWER OF ARREST.
•
SEARCH WITHOUT WARRANT
1. POLICE OFFICER ONLY
2. REASONABLE GROUNDS
3. LIQUOR UNLAWFULLY KEPT
4. SEARCH ANY VEHICLE OR BOAT
5. SEARCH ANY PERSON FOUND IN VEHICLE OR BOAT
SEARCH WARRANT (SEC. 158 POA)
Justice may issue warrant when they believe on reasonable grounds there is a
building, receptacle or place where:
(a) anything in respect of which an offence has been or is suspected to have been
committed
or
(b) anything that might reasonably be believed to afford evidence of an offence
SEARCH WITH WARRANT
1. WARRANT IS DIRECTED TO POLICE OFFICER or PERSON REQUESTING
THE WARRANT.
2. WARRANT EXPIRES 15 DAYS FROM BEING ISSUED
3. MUST BE EXECUTED BETWEEN 6:00 A.M. AND 9:00 P.M.
( UNLESS THE JUSTICE OTHERWISE AUTHORIZES. )
SEIZURE OF LIQUOR WITHOUT A WARRANT
THERE ARE TWO SETS OF CIRCUMSTANCES WHEN THIS CAN OCCUR:
FIRSTLY
(a) LIQUOR FOUND BY A POLICE OFFICER
(b) UNDER CIRCUMSTANCES WHERE THE LIQUOR CONSTITUTES EVIDENCE
SECONDLY
(a) LIQUOR FOUND BY A POLICE OFFICER
(b) REASONABLE GROUNDS TO BELIEVE A FUTURE OFFENCE IS LIKELY TO BE
COMMITTED
ANALYSIS OF LIQUOR
1. CERTIFICATE SIGNED BY FEDERAL OR PROVINCIAL ANALYST
2. CERTIFICATE IS SUFFICIENT EVIDENCE WITHOUT PROOF OF APPOINTMENT
OR SIGNATURE OF ANALYST
UNLAWFUL SALE OF LIQUOR
TWO MAIN CHARGES IN THIS OFFENCE
1. KEEP LIQUOR FOR SALE
2. SELL LIQUOR
“SELL” MEANS
1. SUPPLY FOR REMUNERATION
2. COST RECOVERED DIRECTLY OR INDIRECTLY
UNLAWFUL PURCHASE
POINTS TO PROVE:
1. PURCHASE
(ESTABLISH A TRANSACTION IN THE NATURE OF A PURCHASE)
2. LIQUOR
(ALCOHOLIC BEVERAGE SUITABLE FOR HUMAN CONSUMPTION –MUST
FALL WITHIN THE REGULATIONS)
3. SELLER
(NOT A GOVERNMENT STORE OR A LICENCED PREMISE)
ARREST WITHOUT WARRANT FOR INTOXICATION
POLICE OFFICER ONLY1.
FINDS COMMITTING2.
PERSON INTOXICATED 3.
IN A PUBLIC PLACE OR COMMON AREA4.
SAFETY OF THAT PERSON OR OTHERS IS IN DANGER 5.
INTOXICATION
THIS SECTION CREATES AN OFFENCE FOR A PERSON TO BE INTOXICATED UNDER TWO
CIRCUMSTANCES:
1. IN A PUBLIC PLACE
2. IN A COMMON AREA
TAKING PERSON TO HOSPITAL IN PLACE OF LAYING A CHARGE OF INTOXICATION
1. POLICE OFFICER ONLY
2. FINDS A PERSON INTOXICATED
3. MAY TAKE PERSON INTO CUSTODY
4. INSTEAD OF CHARGING MAY TAKE TO HOSPITAL
SELL OR SUPPLY LIQUOR TO AN INTOXICATED PERSON
POINTS TO PROVE:
1. PERSON SOLD OR SUPPLIED LIQUOR
2. THE PERSON WHO WAS SUPPLIED LIQUOR WAS INTOXICATED OR
APPEARED INTOXICATED
3. PERMITTED THE SUPPLY OF LIQUOR TO AN INTOXICATED PERSON
UNLAWFUL POSSESSION OR CONSUMPTION OF LIQUOR
THERE ARE THREE CATEGORIES OF PLACES WHERE LIQUOR MAY BE LAWFULLY
POSSESSED OR CONSUMED:
1. A RESIDENCE
2. A LICENSED PREMISE
3. A PRIVATE PLACE
(AS DEFINED BY THE ACT)
UNLAWFUL CONSUMPTION OF AN ALCOHOLIC PRODUCT
PERSON CONSUMING
•
SUBSECTION 33 (a) MAKES IT AN OFFENCE IF A PERSON DRINKS
AFTERSHAVE, RUBBING ALCOHOL ETC.
THERE IS NO MENTION OF OFFENCES SUCH AS PURCHASING OR HAVING.
SUPPLIER
•
SUBSECTION 33(b) MAKES IT AN OFFENCE TO SUPPLY ALCOHOL THAT IS
NOT LIQUOR. IT MUST BE PROVEN THAT THE PERSON SUPPLYING HAD
KNOWLEDGE OR OUGHT TO HAVE KNOWN THAT THE PERSON
SUPPLIED INTENDED IT TO BE USED AS A DRINK
CONVEYING LIQUOR IN A MOTOR VEHICLE
POINTS TO PROVE
1. MOTOR VEHICLE OR SNOWMOBILE
2. LIQUOR IN MOTOR VEHICLE OR SNOWMOBILE UNSEALED
3. ACCUSED IS DRIVER OR HAD CARE AND CONTROL
THIS PART CAN BE PROVEN BY:
(a) OBSERVATION
(b) INFERENCE
(c) ADMISSION
CHARGE WOULD NOT APPLY IF:
PACKED IN BAGGAGE THAT IS FASTENED CLOSED OR IS NOT OTHERWISE
-
READILY AVAILABLE TO ANY PERSON IN THE VEHICLE.
-
•
CONVEYING LIQUOR IN A BOAT
1. OPERATE/CARE OR CONTROL OF A BOAT
2. UNDERWAY
3. CONTAINING LIQUOR
EXCEPTIONS
1. UNDER AUTHORITY OF A LICENCE OR PERMIT
2. LIQUOR IN CONTAINER THAT IS UNOPENED OR
3. STORED IN A CLOSED COMPARTMENT
“BOAT”
INCLUDES ANY SHIP OR BOAT OR ANY OTHER DESCRIPTION OF VESSEL
USED OR
DESIGNED TO BE USED IN THE NAVIGATION OF WATER.
PERSONS UNDER THE AGE OF 19 YEARS
POINTS TO PROVE:
1. PERSON UNDER THE AGE OF 19 YEARS
2. LIQUOR –BY DEFINITION
3. UNLAWFULLY –NOT WITHIN THE EXCEPTIONS
4. (a) HAVE
(b) CONSUME
(c) ATTEMPT TO PURCHASE
(d) PURCHASE
(e) OTHERWISE OBTAIN
EXCEPTIONS:
1. LIQUOR SUPPLIED BY PARENT or GUARDIAN.
2. PERSON 18 YEARS OF AGE POSSESSING LIQUOR DURING COURSE OF
PERSON’S
EMPLOYMENT
MINORS ENTERING LICENSED PREMISES
POINTS TO PROVE:
1. PERSON UNDER THE AGE OF 19 YEARS
2. CONDITION OF LICENCE OR PERMIT PROHIBITS PERSON UNDER 19
YEARS ON PREMISES
3. NOT WITHIN EXCEPTION
•
SALE TO PERSON UNDER 19 YEARS OF AGE
•
POINTS TO PROVE:
PERSON DID SELL OR SUPPLY LIQUOR1.
PERSON SUPPLIED WAS UNDER 19 YEARS OF AGE2.
PERSON SUPPLIED APPEARED TO BE UNDER 19 YEARS OF AGE.3.
THE COURTS WILL DECIDE ON THE AGE APPEARANCE OF THE
-
PERSON.
PERSON(KNEW THE( PERSON( SUPPLIED( ((( (((((WAS(UNDER( 19(YEARS( OF(AGE4.
PERMITTING POSSESSION OR CONSUMPTION ON LICENSED PREMISES BY PERSONS
UNDER THE AGE OF 19 YEARS
POINTS TO PROVE:
1. LICENSEE OR EMPLOYEE KNOWINGLY PERMITTED PERSON UNDER 19 YEARS
2. PERSON KNOWINGLY PERMITTED WAS UNDER 19 YEARS
3. PERSON UNDER 19 YEARS DID HAVE OR CONSUME LIQUOR
•
PERMITTING POSSESSION OR CONSUMPTION ON LICENSED PREMISES OF A PERSON
WHO APPEARS UNDER THE AGE OF 19 YEARS
LICENSEE OR EMPLOYEE MUST MAKE AN HONEST ATTEMPT TO FORM AN OPINION
ABOUT THE AGE
-
IF APPEARANCE IS SUCH AS TO LEAD A REASONABLE PERSON TO BELIEVE THE AGE TO
BE UNDER 19 YEARS –PROOF MUST BE OBTAINED
-
LICENSEE OR EMPLOYEE CANNOT RELY ON THE EXCUSE OF CARELESSNESS OR LACK OF
KNOWLEDGE OF AGE.
-
IMPROPER DOCUMENTATION/IDENTIFICATION
POINTS TO PROVE
1. THE DOCUMENT USED
2. THAT IT WAS USED BY THE PERSON AS EVIDENCE OF AGE
3. NOT LAWFULLY ISSUED TO THE PERSON
IT IS NOT AN OFFENCE UNDER THE LIQUOR LICENCE ACT TO LEND YOUR
DOCUMENTATION.
-
REMOVING PERSONS FROM LICENSED PREMISES
1. UNLAWFULLY ON PREMISES
2. ON PREMISES FOR AN UNLAWFUL PURPOSE
3. CONTRAVENING THE LAW ON THE PREMISES
REFERENCE SHOULD ALSO BE MADE TO THE TRESPASS TO PROPERTY ACT.
•
RIGHT TO REFUSE ENTRY TO LICENSED PREMISES
1. LICENSEE OR EMPLOYEE SHALL REQUEST PERSON TO LEAVE
2. CANNOT RE-ENTER ON THE SAME DAY AS REQUESTED TO LEAVE
W4 (LLA) Liquor Licence Act
Wednesday,( January(31,(2018
12:21(PM
Liquor
Beer
•
Wine
•
Spirits
•
All alcoholic beverages are deemed to be liquor for the purpose of the liquor
licence act, except those containing less than .5% alcohol by volume.
-
Alcoholic Product
Any product containing alcohol (other than liquor defined in the act) that is
consumed by individuals as an alcoholic drink.
Ex. rubbing alcohol/shaving lotion.
→
-
Public Place
Definition of "public place" is no longer in the Liquor Licence Act.
-
Any place to which the public is invited or permitted access.
-
Residence
Any place that is actually occupied and used as a dwelling.
-
Includes all premises used in conjunction with the place to which the general
public is not invited or permitted access.
-
Common Area
Residence consist of more than one dwelling
Ex. apartment buildings
→
-
Refers to the common part of a residence
Apartment hallways
→
Apartment lobbies
→
Pool areas of apartment buildings
→
Elevators in apartment buildings
→
-
Licence
To obtain a licence the applicant must apply to the Liquor Board of Ontario.
-
Classes of Licences
Liquor sales licence 1.
Mini bar licence2.
Penalty for Violation
INDIVIDUAL: $100,000.00 and/or ONE (1) YEAR in JAIL.
CORPORATION: Fine of not more than $250,000.00.
Limitation of Action
No proceedings shall be commenced more than TWO (2) years after the offence
was committed.
-
GENERAL ARREST POWERS WITHOUT A WARRANT POINTS TO PROVE:
POLICE OFFICER FINDS PERSON COMMITTING VIOLATION OF LLA.
1.
PERSON REFUSES TO GIVE HIS/HER ADDRESS.
2.
POLICE OFFICER BELIEVES ON REASONABLE GROUNDS THAT THE NAME OR
ADDRESS GIVEN IS FALSE.
3.
NOTE:
POLICE OFFICER MUST FIND COMMITTING AND FAILURE TO PROPERLY
IDENTIFY.
THERE IS NO AUTHORITY TO ARREST TO PREVENT A CONTINUATION OF
OFFENCE AS IN CC.
•
THERE IS NO ARREST AUTHORITY Without warrant FOR LLA REGULATIONS.
•
NO CITIZEN’S POWER OF ARREST.
•
SEARCH WITHOUT WARRANT
1. POLICE OFFICER ONLY
2. REASONABLE GROUNDS
3. LIQUOR UNLAWFULLY KEPT
4. SEARCH ANY VEHICLE OR BOAT
5. SEARCH ANY PERSON FOUND IN VEHICLE OR BOAT
SEARCH WARRANT (SEC. 158 POA)
Justice may issue warrant when they believe on reasonable grounds there is a
building, receptacle or place where:
(a) anything in respect of which an offence has been or is suspected to have been
committed
or
(b) anything that might reasonably be believed to afford evidence of an offence
SEARCH WITH WARRANT
1. WARRANT IS DIRECTED TO POLICE OFFICER or PERSON REQUESTING
THE WARRANT.
2. WARRANT EXPIRES 15 DAYS FROM BEING ISSUED
3. MUST BE EXECUTED BETWEEN 6:00 A.M. AND 9:00 P.M.
( UNLESS THE JUSTICE OTHERWISE AUTHORIZES. )
SEIZURE OF LIQUOR WITHOUT A WARRANT
THERE ARE TWO SETS OF CIRCUMSTANCES WHEN THIS CAN OCCUR:
FIRSTLY
(a) LIQUOR FOUND BY A POLICE OFFICER
(b) UNDER CIRCUMSTANCES WHERE THE LIQUOR CONSTITUTES EVIDENCE
SECONDLY
(a) LIQUOR FOUND BY A POLICE OFFICER
(b) REASONABLE GROUNDS TO BELIEVE A FUTURE OFFENCE IS LIKELY TO BE
COMMITTED
ANALYSIS OF LIQUOR
1. CERTIFICATE SIGNED BY FEDERAL OR PROVINCIAL ANALYST
2. CERTIFICATE IS SUFFICIENT EVIDENCE WITHOUT PROOF OF APPOINTMENT
OR SIGNATURE OF ANALYST
UNLAWFUL SALE OF LIQUOR
TWO MAIN CHARGES IN THIS OFFENCE
1. KEEP LIQUOR FOR SALE
2. SELL LIQUOR
“SELL” MEANS
1. SUPPLY FOR REMUNERATION
2. COST RECOVERED DIRECTLY OR INDIRECTLY
UNLAWFUL PURCHASE
POINTS TO PROVE:
1. PURCHASE
(ESTABLISH A TRANSACTION IN THE NATURE OF A PURCHASE)
2. LIQUOR
(ALCOHOLIC BEVERAGE SUITABLE FOR HUMAN CONSUMPTION –MUST
FALL WITHIN THE REGULATIONS)
3. SELLER
(NOT A GOVERNMENT STORE OR A LICENCED PREMISE)
ARREST WITHOUT WARRANT FOR INTOXICATION
POLICE OFFICER ONLY1.
FINDS COMMITTING2.
PERSON INTOXICATED 3.
IN A PUBLIC PLACE OR COMMON AREA4.
SAFETY OF THAT PERSON OR OTHERS IS IN DANGER 5.
INTOXICATION
THIS SECTION CREATES AN OFFENCE FOR A PERSON TO BE INTOXICATED UNDER TWO
CIRCUMSTANCES:
1. IN A PUBLIC PLACE
2. IN A COMMON AREA
TAKING PERSON TO HOSPITAL IN PLACE OF LAYING A CHARGE OF INTOXICATION
1. POLICE OFFICER ONLY
2. FINDS A PERSON INTOXICATED
3. MAY TAKE PERSON INTO CUSTODY
4. INSTEAD OF CHARGING MAY TAKE TO HOSPITAL
SELL OR SUPPLY LIQUOR TO AN INTOXICATED PERSON
POINTS TO PROVE:
1. PERSON SOLD OR SUPPLIED LIQUOR
2. THE PERSON WHO WAS SUPPLIED LIQUOR WAS INTOXICATED OR
APPEARED INTOXICATED
3. PERMITTED THE SUPPLY OF LIQUOR TO AN INTOXICATED PERSON
UNLAWFUL POSSESSION OR CONSUMPTION OF LIQUOR
THERE ARE THREE CATEGORIES OF PLACES WHERE LIQUOR MAY BE LAWFULLY
POSSESSED OR CONSUMED:
1. A RESIDENCE
2. A LICENSED PREMISE
3. A PRIVATE PLACE
(AS DEFINED BY THE ACT)
UNLAWFUL CONSUMPTION OF AN ALCOHOLIC PRODUCT
PERSON CONSUMING
•
SUBSECTION 33 (a) MAKES IT AN OFFENCE IF A PERSON DRINKS
AFTERSHAVE, RUBBING ALCOHOL ETC.
THERE IS NO MENTION OF OFFENCES SUCH AS PURCHASING OR HAVING.
SUPPLIER
•
SUBSECTION 33(b) MAKES IT AN OFFENCE TO SUPPLY ALCOHOL THAT IS
NOT LIQUOR. IT MUST BE PROVEN THAT THE PERSON SUPPLYING HAD
KNOWLEDGE OR OUGHT TO HAVE KNOWN THAT THE PERSON
SUPPLIED INTENDED IT TO BE USED AS A DRINK
CONVEYING LIQUOR IN A MOTOR VEHICLE
POINTS TO PROVE
1. MOTOR VEHICLE OR SNOWMOBILE
2. LIQUOR IN MOTOR VEHICLE OR SNOWMOBILE UNSEALED
3. ACCUSED IS DRIVER OR HAD CARE AND CONTROL
THIS PART CAN BE PROVEN BY:
(a) OBSERVATION
(b) INFERENCE
(c) ADMISSION
CHARGE WOULD NOT APPLY IF:
PACKED IN BAGGAGE THAT IS FASTENED CLOSED OR IS NOT OTHERWISE
-
READILY AVAILABLE TO ANY PERSON IN THE VEHICLE.
-
•
CONVEYING LIQUOR IN A BOAT
1. OPERATE/CARE OR CONTROL OF A BOAT
2. UNDERWAY
3. CONTAINING LIQUOR
EXCEPTIONS
1. UNDER AUTHORITY OF A LICENCE OR PERMIT
2. LIQUOR IN CONTAINER THAT IS UNOPENED OR
3. STORED IN A CLOSED COMPARTMENT
“BOAT”
INCLUDES ANY SHIP OR BOAT OR ANY OTHER DESCRIPTION OF VESSEL
USED OR
DESIGNED TO BE USED IN THE NAVIGATION OF WATER.
PERSONS UNDER THE AGE OF 19 YEARS
POINTS TO PROVE:
1. PERSON UNDER THE AGE OF 19 YEARS
2. LIQUOR –BY DEFINITION
3. UNLAWFULLY –NOT WITHIN THE EXCEPTIONS
4. (a) HAVE
(b) CONSUME
(c) ATTEMPT TO PURCHASE
(d) PURCHASE
(e) OTHERWISE OBTAIN
EXCEPTIONS:
1. LIQUOR SUPPLIED BY PARENT or GUARDIAN.
2. PERSON 18 YEARS OF AGE POSSESSING LIQUOR DURING COURSE OF
PERSON’S
EMPLOYMENT
MINORS ENTERING LICENSED PREMISES
POINTS TO PROVE:
1. PERSON UNDER THE AGE OF 19 YEARS
2. CONDITION OF LICENCE OR PERMIT PROHIBITS PERSON UNDER 19
YEARS ON PREMISES
3. NOT WITHIN EXCEPTION
•
SALE TO PERSON UNDER 19 YEARS OF AGE
•
POINTS TO PROVE:
PERSON DID SELL OR SUPPLY LIQUOR1.
PERSON SUPPLIED WAS UNDER 19 YEARS OF AGE2.
PERSON SUPPLIED APPEARED TO BE UNDER 19 YEARS OF AGE.3.
THE COURTS WILL DECIDE ON THE AGE APPEARANCE OF THE
-
PERSON.
PERSON(KNEW THE( PERSON( SUPPLIED( ((( (((((WAS(UNDER( 19(YEARS( OF(AGE4.
PERMITTING POSSESSION OR CONSUMPTION ON LICENSED PREMISES BY PERSONS
UNDER THE AGE OF 19 YEARS
POINTS TO PROVE:
1. LICENSEE OR EMPLOYEE KNOWINGLY PERMITTED PERSON UNDER 19 YEARS
2. PERSON KNOWINGLY PERMITTED WAS UNDER 19 YEARS
3. PERSON UNDER 19 YEARS DID HAVE OR CONSUME LIQUOR
•
PERMITTING POSSESSION OR CONSUMPTION ON LICENSED PREMISES OF A PERSON
WHO APPEARS UNDER THE AGE OF 19 YEARS
LICENSEE OR EMPLOYEE MUST MAKE AN HONEST ATTEMPT TO FORM AN OPINION
ABOUT THE AGE
-
IF APPEARANCE IS SUCH AS TO LEAD A REASONABLE PERSON TO BELIEVE THE AGE TO
BE UNDER 19 YEARS –PROOF MUST BE OBTAINED
-
LICENSEE OR EMPLOYEE CANNOT RELY ON THE EXCUSE OF CARELESSNESS OR LACK OF
KNOWLEDGE OF AGE.
-
IMPROPER DOCUMENTATION/IDENTIFICATION
POINTS TO PROVE
1. THE DOCUMENT USED
2. THAT IT WAS USED BY THE PERSON AS EVIDENCE OF AGE
3. NOT LAWFULLY ISSUED TO THE PERSON
IT IS NOT AN OFFENCE UNDER THE LIQUOR LICENCE ACT TO LEND YOUR
DOCUMENTATION.
-
REMOVING PERSONS FROM LICENSED PREMISES
1. UNLAWFULLY ON PREMISES
2. ON PREMISES FOR AN UNLAWFUL PURPOSE
3. CONTRAVENING THE LAW ON THE PREMISES
REFERENCE SHOULD ALSO BE MADE TO THE TRESPASS TO PROPERTY ACT.
•
RIGHT TO REFUSE ENTRY TO LICENSED PREMISES
1. LICENSEE OR EMPLOYEE SHALL REQUEST PERSON TO LEAVE
2. CANNOT RE-ENTER ON THE SAME DAY AS REQUESTED TO LEAVE
W4 (LLA) Liquor Licence Act
Wednesday,( January(31,(2018 12:21(PM
Liquor
Beer
•
Wine
•
Spirits
•
All alcoholic beverages are deemed to be liquor for the purpose of the liquor
licence act, except those containing less than .5% alcohol by volume.
-
Alcoholic Product
Any product containing alcohol (other than liquor defined in the act) that is
consumed by individuals as an alcoholic drink.
Ex. rubbing alcohol/shaving lotion.
→
-
Public Place
Definition of "public place" is no longer in the Liquor Licence Act.
-
Any place to which the public is invited or permitted access.
-
Residence
Any place that is actually occupied and used as a dwelling.
-
Includes all premises used in conjunction with the place to which the general
public is not invited or permitted access.
-
Common Area
Residence consist of more than one dwelling
Ex. apartment buildings
→
-
Refers to the common part of a residence
Apartment hallways
→
Apartment lobbies
→
Pool areas of apartment buildings
→
Elevators in apartment buildings
→
-
Licence
To obtain a licence the applicant must apply to the Liquor Board of Ontario.
-
Classes of Licences
Liquor sales licence 1.
Mini bar licence2.
Penalty for Violation
INDIVIDUAL: $100,000.00 and/or ONE (1) YEAR in JAIL.
CORPORATION: Fine of not more than $250,000.00.
Limitation of Action
No proceedings shall be commenced more than TWO (2) years after the offence
was committed.
-
GENERAL ARREST POWERS WITHOUT A WARRANT POINTS TO PROVE:
POLICE OFFICER FINDS PERSON COMMITTING VIOLATION OF LLA.1.
PERSON REFUSES TO GIVE HIS/HER ADDRESS.2.
POLICE OFFICER BELIEVES ON REASONABLE GROUNDS THAT THE NAME OR
ADDRESS GIVEN IS FALSE.
3.
NOTE:
POLICE OFFICER MUST FIND COMMITTING AND FAILURE TO PROPERLY
IDENTIFY.
THERE IS NO AUTHORITY TO ARREST TO PREVENT A CONTINUATION OF
OFFENCE AS IN CC.
•
THERE IS NO ARREST AUTHORITY Without warrant FOR LLA REGULATIONS.
•
NO CITIZEN’S POWER OF ARREST.
•
SEARCH WITHOUT WARRANT
1. POLICE OFFICER ONLY
2. REASONABLE GROUNDS
3. LIQUOR UNLAWFULLY KEPT
4. SEARCH ANY VEHICLE OR BOAT
5. SEARCH ANY PERSON FOUND IN VEHICLE OR BOAT
SEARCH WARRANT (SEC. 158 POA)
Justice may issue warrant when they believe on reasonable grounds there is a
building, receptacle or place where:
(a) anything in respect of which an offence has been or is suspected to have been
committed
or
(b) anything that might reasonably be believed to afford evidence of an offence
SEARCH WITH WARRANT
1. WARRANT IS DIRECTED TO POLICE OFFICER or PERSON REQUESTING
THE WARRANT.
2. WARRANT EXPIRES 15 DAYS FROM BEING ISSUED
3. MUST BE EXECUTED BETWEEN 6:00 A.M. AND 9:00 P.M.
( UNLESS THE JUSTICE OTHERWISE AUTHORIZES. )
SEIZURE OF LIQUOR WITHOUT A WARRANT
THERE ARE TWO SETS OF CIRCUMSTANCES WHEN THIS CAN OCCUR:
FIRSTLY
(a) LIQUOR FOUND BY A POLICE OFFICER
(b) UNDER CIRCUMSTANCES WHERE THE LIQUOR CONSTITUTES EVIDENCE
SECONDLY
(a) LIQUOR FOUND BY A POLICE OFFICER
(b) REASONABLE GROUNDS TO BELIEVE A FUTURE OFFENCE IS LIKELY TO BE
COMMITTED
ANALYSIS OF LIQUOR
1. CERTIFICATE SIGNED BY FEDERAL OR PROVINCIAL ANALYST
2. CERTIFICATE IS SUFFICIENT EVIDENCE WITHOUT PROOF OF APPOINTMENT
OR SIGNATURE OF ANALYST
UNLAWFUL SALE OF LIQUOR
TWO MAIN CHARGES IN THIS OFFENCE
1. KEEP LIQUOR FOR SALE
2. SELL LIQUOR
“SELL” MEANS
1. SUPPLY FOR REMUNERATION
2. COST RECOVERED DIRECTLY OR INDIRECTLY
UNLAWFUL PURCHASE
POINTS TO PROVE:
1. PURCHASE
(ESTABLISH A TRANSACTION IN THE NATURE OF A PURCHASE)
2. LIQUOR
(ALCOHOLIC BEVERAGE SUITABLE FOR HUMAN CONSUMPTION –MUST
FALL WITHIN THE REGULATIONS)
3. SELLER
(NOT A GOVERNMENT STORE OR A LICENCED PREMISE)
ARREST WITHOUT WARRANT FOR INTOXICATION
POLICE OFFICER ONLY1.
FINDS COMMITTING2.
PERSON INTOXICATED 3.
IN A PUBLIC PLACE OR COMMON AREA4.
SAFETY OF THAT PERSON OR OTHERS IS IN DANGER 5.
INTOXICATION
THIS SECTION CREATES AN OFFENCE FOR A PERSON TO BE INTOXICATED UNDER TWO
CIRCUMSTANCES:
1. IN A PUBLIC PLACE
2. IN A COMMON AREA
TAKING PERSON TO HOSPITAL IN PLACE OF LAYING A CHARGE OF INTOXICATION
1. POLICE OFFICER ONLY
2. FINDS A PERSON INTOXICATED
3. MAY TAKE PERSON INTO CUSTODY
4. INSTEAD OF CHARGING MAY TAKE TO HOSPITAL
SELL OR SUPPLY LIQUOR TO AN INTOXICATED PERSON
POINTS TO PROVE:
1. PERSON SOLD OR SUPPLIED LIQUOR
2. THE PERSON WHO WAS SUPPLIED LIQUOR WAS INTOXICATED OR
APPEARED INTOXICATED
3. PERMITTED THE SUPPLY OF LIQUOR TO AN INTOXICATED PERSON
UNLAWFUL POSSESSION OR CONSUMPTION OF LIQUOR
THERE ARE THREE CATEGORIES OF PLACES WHERE LIQUOR MAY BE LAWFULLY
POSSESSED OR CONSUMED:
1. A RESIDENCE
2. A LICENSED PREMISE
3. A PRIVATE PLACE
(AS DEFINED BY THE ACT)
UNLAWFUL CONSUMPTION OF AN ALCOHOLIC PRODUCT
PERSON CONSUMING
•
SUBSECTION 33 (a) MAKES IT AN OFFENCE IF A PERSON DRINKS
AFTERSHAVE, RUBBING ALCOHOL ETC.
THERE IS NO MENTION OF OFFENCES SUCH AS PURCHASING OR HAVING.
SUPPLIER
•
SUBSECTION 33(b) MAKES IT AN OFFENCE TO SUPPLY ALCOHOL THAT IS
NOT LIQUOR. IT MUST BE PROVEN THAT THE PERSON SUPPLYING HAD
KNOWLEDGE OR OUGHT TO HAVE KNOWN THAT THE PERSON
SUPPLIED INTENDED IT TO BE USED AS A DRINK
CONVEYING LIQUOR IN A MOTOR VEHICLE
POINTS TO PROVE
1. MOTOR VEHICLE OR SNOWMOBILE
2. LIQUOR IN MOTOR VEHICLE OR SNOWMOBILE UNSEALED
3. ACCUSED IS DRIVER OR HAD CARE AND CONTROL
THIS PART CAN BE PROVEN BY:
(a) OBSERVATION
(b) INFERENCE
(c) ADMISSION
CHARGE WOULD NOT APPLY IF:
PACKED IN BAGGAGE THAT IS FASTENED CLOSED OR IS NOT OTHERWISE
-
READILY AVAILABLE TO ANY PERSON IN THE VEHICLE.
-
•
CONVEYING LIQUOR IN A BOAT
1. OPERATE/CARE OR CONTROL OF A BOAT
2. UNDERWAY
3. CONTAINING LIQUOR
EXCEPTIONS
1. UNDER AUTHORITY OF A LICENCE OR PERMIT
2. LIQUOR IN CONTAINER THAT IS UNOPENED OR
3. STORED IN A CLOSED COMPARTMENT
“BOAT”
INCLUDES ANY SHIP OR BOAT OR ANY OTHER DESCRIPTION OF VESSEL
USED OR
DESIGNED TO BE USED IN THE NAVIGATION OF WATER.
PERSONS UNDER THE AGE OF 19 YEARS
POINTS TO PROVE:
1. PERSON UNDER THE AGE OF 19 YEARS
2. LIQUOR –BY DEFINITION
3. UNLAWFULLY –NOT WITHIN THE EXCEPTIONS
4. (a) HAVE
(b) CONSUME
(c) ATTEMPT TO PURCHASE
(d) PURCHASE
(e) OTHERWISE OBTAIN
EXCEPTIONS:
1. LIQUOR SUPPLIED BY PARENT or GUARDIAN.
2. PERSON 18 YEARS OF AGE POSSESSING LIQUOR DURING COURSE OF
PERSON’S
EMPLOYMENT
MINORS ENTERING LICENSED PREMISES
POINTS TO PROVE:
1. PERSON UNDER THE AGE OF 19 YEARS
2. CONDITION OF LICENCE OR PERMIT PROHIBITS PERSON UNDER 19
YEARS ON PREMISES
3. NOT WITHIN EXCEPTION
•
SALE TO PERSON UNDER 19 YEARS OF AGE
•
POINTS TO PROVE:
PERSON DID SELL OR SUPPLY LIQUOR1.
PERSON SUPPLIED WAS UNDER 19 YEARS OF AGE2.
PERSON SUPPLIED APPEARED TO BE UNDER 19 YEARS OF AGE.3.
THE COURTS WILL DECIDE ON THE AGE APPEARANCE OF THE
-
PERSON.
PERSON(KNEW THE( PERSON( SUPPLIED( ((( (((((WAS(UNDER( 19(YEARS( OF(AGE4.
PERMITTING POSSESSION OR CONSUMPTION ON LICENSED PREMISES BY PERSONS
UNDER THE AGE OF 19 YEARS
POINTS TO PROVE:
1. LICENSEE OR EMPLOYEE KNOWINGLY PERMITTED PERSON UNDER 19 YEARS
2. PERSON KNOWINGLY PERMITTED WAS UNDER 19 YEARS
3. PERSON UNDER 19 YEARS DID HAVE OR CONSUME LIQUOR
•
PERMITTING POSSESSION OR CONSUMPTION ON LICENSED PREMISES OF A PERSON
WHO APPEARS UNDER THE AGE OF 19 YEARS
LICENSEE OR EMPLOYEE MUST MAKE AN HONEST ATTEMPT TO FORM AN OPINION
ABOUT THE AGE
-
IF APPEARANCE IS SUCH AS TO LEAD A REASONABLE PERSON TO BELIEVE THE AGE TO
BE UNDER 19 YEARS –PROOF MUST BE OBTAINED
-
LICENSEE OR EMPLOYEE CANNOT RELY ON THE EXCUSE OF CARELESSNESS OR LACK OF
KNOWLEDGE OF AGE.
-
IMPROPER DOCUMENTATION/IDENTIFICATION
POINTS TO PROVE
1. THE DOCUMENT USED
2. THAT IT WAS USED BY THE PERSON AS EVIDENCE OF AGE
3. NOT LAWFULLY ISSUED TO THE PERSON
IT IS NOT AN OFFENCE UNDER THE LIQUOR LICENCE ACT TO LEND YOUR
DOCUMENTATION.
-
REMOVING PERSONS FROM LICENSED PREMISES
1. UNLAWFULLY ON PREMISES
2. ON PREMISES FOR AN UNLAWFUL PURPOSE
3. CONTRAVENING THE LAW ON THE PREMISES
REFERENCE SHOULD ALSO BE MADE TO THE TRESPASS TO PROPERTY ACT.
•
RIGHT TO REFUSE ENTRY TO LICENSED PREMISES
1. LICENSEE OR EMPLOYEE SHALL REQUEST PERSON TO LEAVE
2. CANNOT RE-ENTER ON THE SAME DAY AS REQUESTED TO LEAVE
W4 (LLA) Liquor Licence Act
Wednesday,( January(31,(2018 12:21(PM
