Reminder to Liquor Sales Licensees on Recent Changes and Permissible Activities

In light of recent regulatory changes, and to clarify certain rules around the sale and service of liquor, the AGCO would like to remind liquor sales licensees of the 2021-22 Patio Policy and provide an update to the Registrar’s Interim Standards and Requirements for Liquor relating to caterer’s endorsements.

Registrar’s 2021–22 Policy for Temporary Patio Approvals for Liquor Sales Licensees

The Registrar’s 2021-2022 Policy for Temporary Patio Approvals for Liquor Sales Licensees remains in place until January 1, 2023, when a new framework for outdoor temporary extensions comes into effect.

Under the Registrar’s continued policy, liquor sales licensees (including licensees with a premises that is a boat) and licensed manufacturers with a by-the-glass endorsement may continue to temporarily extend their licensed premises until January 1, 2023 if they meet the following criteria (as applicable):

1. The physical extension of the premises is adjacent to:
   
   1. the premises to which the licence to sell liquor applies; or
   2. a dock to which the boat is attached and may include land adjacent to the dock; or
   3. the licensed premises under the by-the-glass endorsement to a Manufacturer’s Licence.
2. The municipality in which the premises is situated has indicated it does not object to an extension;

3. The licensee is able to demonstrate sufficient control over the physical extension of the premises; 

4. There is no condition on the licence or endorsement prohibiting a patio; 

5. The capacity of any new patio, or extended patio space where the licensee has an existing licensed patio, allows for at least 1.11 square metres per person; and
6. In the case of a by-the-glass endorsement to a Manufacturer’s Licence, the sale and service of the wine, beer and/or spirits manufactured by the manufacturer within the physical extension of the premises is primarily aimed at promoting the manufacturer’s product and either providing an enhanced tourist experience or fulfilling an educational purpose.

Note: Regulation 746/21 requires licensees with a Licence to Operate a Liquor Consumption Premises that applies to an outdoor premises to not permit noise that arises (directly or indirectly) from entertainment on the premises (or from the sale and service of liquor) to disturb persons who live near the premises. If you have questions on how to comply, reach out to your local AGCO Inspector (formerly known as a Compliance Official). If you are unsure who your Inspector is, or have misplaced their contact information, email Compliance@agco.ca with your licensed establishment’s address to get connected.  

Licensees are not required to submit documents to the AGCO to demonstrate compliance with the above criteria, however, they are required to produce such documents should the AGCO request for them.

Licensees that do not meet the above criteria are required to follow the usual application process for a temporary extension of premises and apply through the iAGCO online portal.

After January 1, 2023, municipalities and First Nation band councils will have the ability to approve temporary outdoor extensions of licensed premises (such as patios) under the new framework and the AGCO will no longer be accepting applications or otherwise approving temporary outdoor extensions for licensees located in municipalities.

For more information, see the April 19, 2022 Information Bulletin: Municipalities and First Nation band councils can approve temporary outdoor extensions beginning January 1, 2023  

Note: The AGCO will provide licensees, municipalities and First Nations with information closer to the January 1, 2023 implementation date.

Update to Registrar’s Interim Standards and Requirements for Liquor: Caterer’s Endorsement to a Liquor Sales Licence

The Registrar’s Interim Standards and Requirements for Liquor have been updated to apply Standard 6.1 (Maximum Capacity) and Standard 6.2 (Premises Readily Distinguishable) to holders of a Caterer’s Endorsement to a Liquor Sales Licence.

Note: These are not new requirements for licensees. This change is an administrative update to reflect requirements from the Liquor Licence and Control Act, 2019.

Helpful Resources

• Registrar’s 2021-2022 Policy for Temporary Patio Approvals for Liquor Sales Licensees including Boat Operators and Manufacturer’s with a By-the-Glass Endorsement
   
• Information Bulletin: Municipalities and First Nation band councils can approve temporary outdoor extensions beginning January 1, 2023

Liquor licensees should familiarize themselves with applicable sections of the Liquor Licence and Control Act, 2019, Regulation 746/21 (Licensing), Regulation 747/21 (Permits) and the Registrar’s Interim Standards and Requirements for Liquor to ensure they are in compliance.

For More Information

If you have questions, your local AGCO Inspectors are here to help and support you with additional information and education. If you are unsure who your Inspector is, or have misplaced their contact information, please email Compliance@agco.ca with your licensed establishment address to get connected.

AGCO Customer Service Representatives are also available anytime via the iAGCO online portal or Monday to Friday from 8:30 am – 5:00 pm at 416-326-8700 or (toll free) 1-800-522-2876.