A Licence to Operate a Ferment on Premises Facility allows a licensee to provide a facility where equipment for making wine and/or beer “on the premises” is available for customers to make their own wine and/or beer for personal use.
It is essential that the product be for “personal use”. Ferment on premises (FOP) facilities cannot offer for sale, keep for sale, produce for sale or sell wine and/or beer. In addition, the regulations do not allow the exchange or giving of liquor on the premises.
The LLCA, its regulations and the Registrar’s Interim Standards and Requirements for Liquor (Interim Standards) set out the specific roles and responsibilities that must be exercised by a licensee (and their employees or agents) as part of the overall process, as well as the steps that a customer must take to produce the wine and/or beer.
How to apply for an AGCO Licence, Endorsement or Permit
You can apply for and manage any AGCO licence, endorsement or permit, including those described in this guide, online, through the iAGCO portal.
- Please refer to the AGCO’s Schedule of Liquor Licensing Fees for the applicable fee for any licence, endorsement or permit.
- When using online services, payments must be made by Visa, MasterCard, Interac® Online, Visa Debit or MasterCard Debit.
- Payments of $30,000 or more must be made by money wire transfer or electronic funds transfer. Please note that cheques and cash are not accepted as forms of payment when using iAGCO online services. For more information, please contact AGCO Customer Service at 416-326-8700 or 1-800-522-2876.
- All fees must be received by the AGCO before an application will be processed.
- All fees are non-refundable.
Apply for a new licence if:
- the premises has never had a licence
- the Registrar requires a new application to be submitted.
- Transfer licences are issued for the remaining time period on the licence. A transfer of the licence is required if:There is a change in officers or directors of a licensee that is a corporation, or a corporation that effectively controls the activities authorized under the licence.
- A person becomes or ceases to be a partner of a licensee that is a partnership.
- A person or partnership acquires a beneficial interest in the licensed business, including acquiring shares of a licensee that is a corporation or of a corporation that effectively controls the business, that results in the person or partnership holding or controlling 10 per cent or more of the outstanding shares, or of a class of shares, of the corporation.
- A person or partnership other than the licensee becomes entitled to any of the profits from the sale of liquor or liable for any obligations incurred from the activities authorized under the licence.
A transfer will not be approved if the current licensee has an outstanding monetary penalty or if the recipient of the transfer would not be eligible to be issued a licence.
Temporary Contracting Out
A licensee may contract out the operation of the business to another person who is applying to receive the transfer of the licence if regulatory requirements are met. The licensee remains liable under the licence during the period for which the operation of the business has been contracted out.
The ability to contract out the operation of the business expires, on the issuance of the transfer of the licence; or on the issuance of a notice of proposal to refuse the transfer.
The Registrar may transfer a licence to operate a ferment on premises facility for a period of not more than one year, when:
- A trustee in bankruptcy or court-appointed receiver acquires the business of the licensee
A mortgagee, franchisor, landlord, or executor or administrator of the estate of a deceased licensee takes possession of the licensed premises
Renewal of a Licence to Operate a Ferment on Premises Facility
It is the responsibility of the holder of a Licence to Operate a Ferment on Premises Facility to ensure that this licence remains valid. If a renewal application and applicable fee is not received by the AGCO on or before the licence’s expiry date, the licence will expire and the operator can no longer lawfully operate the ferment on premises facility.
An expired Licence to Operate a Ferment on Premises Facility cannot be renewed.
A Licence to Operate a Ferment on Premises Facility renewal application will NOT be accepted if the licence holder owes money to the Ministry of Finance (Retail Sales Tax). It is the licensee’s responsibility to contact the Ministry of Finance to determine if money is owed. (Key Liquor Industry Contacts)
You are prohibited under section 2(1) of the LLCA, from operating a ferment on premises facility except under the authority of a licence.