[39] Bill 238 Original (PDF)
Bill 238 2009
An Act to amend the Liquor Licence Act with respect to weapons on licensed premises
Note: This Act amends the Liquor Licence Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 (1) of the Liquor Licence Act is amended to add the following definition:
"unlawful weapon" means, whether lost, stolen, abandoned or recovered,
(a) a firearm, the possession of which would be an offence under the Criminal Code (Canada), or
(b) a restricted weapon or a prohibited weapon, as defined in the Criminal Code (Canada); ("arme illégale")
2. Subsection 6 (2) of the Act is amended striking out "or" at the end of clause (g.1) and by adding the following clause:
(g.2) the applicant is not able to demonstrate to the satisfaction of the Registrar that he, she or it is able to take steps that are reasonable in the circumstances to prevent the presence of unlawful weapons on the premises in respect of which the licence is to be issued; or
3. Subsection 15 (6) of the Act is repealed and the following substituted:
Interim suspension of licence
(6) If a proposal is issued to revoke or suspend a licence, a Registrar's order to suspend the licence prior to a hearing,
(a) shall be issued if an unlawful weapon was found on the licensed premises and the proposal was issued on the ground under clause 6 (2) (g.2); or
(b) may be issued if the Registrar considers it to be necessary in the public interest.
4. Subsection 23 (11) of the Act is amended by adding "Subject to subsection (11.1)" at the beginning.
5. Section 23 of the Act is amended by adding the following subsections:
Same
(11.1) The Board may only carry out a proposal to suspend or revoke a licence based on the ground under clause 6 (2) (g.2) if the Board finds that,
(a) an unlawful weapon was present on the premises; and
(b) the licensee has not taken steps that are reasonable in the circumstances to prevent unlawful weapons from being present on the licensed premises, and is unlikely to do so.
Reasonable steps, unlawful weapons
(11.2) For the purpose of clause (11.1) (b), the Board may consider the history of lawful and unlawful conduct associated with the licensed premises and any preventative measures pursued by the licensee such as:
1. Installation of closed-circuit television cameras.
2. Installation of metal detectors at entrances.
3. Presence of appropriately trained security guards.
4. Co-operation with local law enforcement.
Commencement
6. This Act comes into force on the day it receives Royal Assent.
Short title
7. The short title of this Act is the Liquor Licence Amendment Act (Unlawful Weapons in Bars), 2009.
EXPLANATORY NOTE
The Bill amends the Liquor Licence Act to add a new requirement that an applicant for a licence to sell liquor demonstrate that the applicant is able to take reasonable steps to prevent the presence of unlawful weapons on the premises in respect of which the licence is sought.
Failure to meet the new requirement also becomes one of the grounds to suspend or revoke a licence to sell liquor. If the Registrar issues a proposal to suspend or revoke the licence on this new ground, and an unlawful weapon was present on the premises, the Bill provides for a mandatory interim suspension of the licence, which by operation of the Act, can last a maximum of 15 days before a hearing is required.
A proposal to suspend or revoke a licence on the new ground can only be carried out if the Board finds that an unlawful weapon was present on the premises, that the licensee has not taken steps that are reasonable in the circumstances to prevent unlawful weapons from being present on the premises and is unlikely to do so. In making this finding, the Board may consider the history of lawful and unlawful conduct on the licensed premises and any preventative measures pursued by the licensee.