Bill 93 2012

An Act to amend the Liquor Licence Act in relation to serving liquor in certain places

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.  Section 31 of the Liquor Licence Act is amended by adding the following subsection:

Unlawful service

   (2.1)  No person shall serve liquor in any place other than,

  (a)  a residence;

  (b)  premises in respect of which a licence or permit is issued; or

   (c)  a private place as defined in the regulations.

   2.  (1)  Section 61 of the Act is amended by adding the following subsections:

Same

   (3.2)  An individual who is convicted of an offence under subsection 31 (2.1) is not liable to imprisonment for a first offence but is liable to imprisonment for a subsequent offence.

Bail conditions

   (3.3)  If a person is arrested and charged with an offence under subsection 31 (2.1) or with the offence under the regulations of selling or serving liquor at licensed premises outside of the prescribed hours, an officer in charge who releases the person upon the person entering into a recognizance under clause 149 (2) (b) of the Provincial Offences Act may impose the following conditions on the person's release:

    1.  The person will not attend any place where liquor is served other than the places listed in clauses 31 (2.1) (a) to (c).

    2.  The person will not attend licensed premises where liquor is sold or served outside of the prescribed hours.

    3.  The person will not possess, other than at a residence, more liquor than what would be reasonable for his or her personal use.

    4.  Any other condition that the officer in charge considers necessary to prevent the commission of offences referred to in this subsection.

Interpretation

   (4)  In subsection (3.3),

"officer in charge" has the same meaning as in Part VIII of the Provincial Offences Act.

   (2)  Subsection 61 (5) of the Act is repealed and the following substituted:

Additional penalty

   (5)  In addition to any other penalty or action under this Act, the licence of a licensee shall be suspended for a period of not less than seven days,

  (a)  if the licensee contravenes subsection 30 (1) or (2); or

  (b)  if the licensee sells or serves liquor at licensed premises outside of the prescribed hours.

Commencement

   3.  This Act comes into force three months after the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Liquor Licence Amendment Act (Serving Liquor in Certain Places), 2012.

EXPLANATORY NOTE

The Bill amends the Liquor Licence Act.

Subsection 31 (2.1) is added to the Act to create the offence of serving liquor in any place other than a residence, premises in respect of which a licence or permit is issued, or a private place as defined in the regulations.

Section 61 of the Act is amended to provide for penalties and bail conditions relating to the new offence and a similar offence under the regulations.