When someone applies for a new liquor sales licence or to add a licensed area to an existing liquor licence, the AGCO will post a public notice in iAGCO and provide the applicant with a placard to post at the premises.
This public notice offers residents in the municipality an opportunity to respond to the application and to voice any concerns or objections to the application within the time period set as advertised and posted on the placard.
Residents wishing to object to an application may do so online at iAGCO. Your objection must include:
In stating your objection, be as specific as possible. Explain why the addition or expansion of the proposed liquor licensed establishment would be of concern to your neighbourhood. Relate your objection to the impact of the sale and service of liquor or any previous problems at the premises.
If you are concerned with parking or garbage problems created by a new bar or restaurant, you should contact your local municipal office.
If the AGCO receives a written objection to the issuance of a liquor sales licence by the date indicated on the placard, and it is determined by the Registrar that the objection is not frivolous or vexatious, then a decision will be made to either first set up a public meeting conducted by the AGCO or issue a Notice of Proposal to Review the Licence Application which can be appealed by the licence applicant to the Licence Appeal Tribunal (LAT).
The applicant will be notified of the objections and will be given copies of the letters of objection, including information about the objector. This gives the applicant an opportunity to work with objectors to address their concerns.
A public meeting is an informal meeting between the liquor licence applicant, the objectors and a Deputy Registrar of the AGCO. This meeting may be arranged as a telephone conference call.
A public meeting is your opportunity to explain to the Deputy Registrar why you believe the establishment should not receive a liquor sales licence or be permitted to expand its licensed areas.
It is also an opportunity for both sides to clarify matters of concern and possibly resolve the issue. For example, if you are worried about loud noise coming from a licensed patio near your home, the applicant might agree to a condition on the liquor licence restricting the playing of music on the patio. The AGCO encourages residents and liquor licence applicants to work out a satisfactory solution for all concerned.
At a public meeting, the Deputy Registrar can either approve the application or, if the issues cannot be resolved, issue a Notice of Proposal to Review the Licence Application which can be appealed to the LAT.
The LAT’s Rules of Practice govern the conduct of case conferences. If a case conference is convened, the LAT member presiding at the case conference has the authority to designate interested individuals as additional ‘parties’ to a hearing. If an objector wishes to be made a party to the hearing, they must attend the case conference. The goal of the case conference is to assist the parties to prepare for the hearing, to ensure the hearing is conducted in an expeditious and effective manner, to focus on the issues in dispute and, where possible, to assist the parties to resolve some or all of those issues. The LAT member(s) conducting the case conference may make orders that are binding on the parties.
More formal than a public meeting, a hearing is a quasi-judicial proceeding held before a panel of one or more members of the LAT. An administrative hearing is less formal than a court proceeding, however, the panel hears sworn testimony on behalf of both parties and has the power to make a decision about the outcome of the matter.
It is important that objectors carefully organize their case before the hearing. Your group may choose to retain a lawyer or nominate a spokesperson to be “party to the proceedings” and act as the objectors’ representative at the hearing. The lawyer or representative may give evidence, call upon other individuals (witnesses) to give evidence, question the applicant’s witnesses and present relevant documents such as petitions, photos, police reports, maps of the area indicating other liquor-licensed establishments, schools and homes, etc.
You may wish to review relevant laws, particularly the Liquor Licence and Control Act, 2019, its regulations and standards or requirements established by the Registrar. Copies of the Liquor Licence and Control Act, 2019 and its regulations are available for purchase through Publications Ontario, 777 Bay Street, Toronto, Ontario. To order copies by mail, call 1-800-668-9938. Copies are also available through the Government of Ontario’s website at www.ontario.ca/laws.
The LAT’s Rules of Practice govern all aspects of a proceeding before the Tribunal and are intended to secure a just, expeditious and cost effective determination of the proceedings. This includes requirements with respect to disclosure by all parties to each other of the evidence a party intends to rely upon at the hearing and when a party is obliged to do so, pre-hearing conferences and motions.
For information on the LAT’s Rules of Practice, please visit LAT’s website.
If party status for the objectors’ representative has not been determined at the case conference, then the objectors’ representative may bring a motion before the hearing panel to request “party” status to the proceedings. After other preliminary matters, such as the swearing in of interpreters, your spokesperson will call witnesses and file documents to support your position.
Testimony is given under oath and it is an offence to give false evidence. The liquor licence applicant may call witnesses and file documents to support its case. Each side may ask questions of the other side’s witnesses once they have testified. This is called cross-examination.
After all the evidence has been introduced, each party will make its closing argument. The closing argument should highlight relevant aspects of the evidence and summarize why the party submits the LAT should find in its favour.
The LAT may not make its decision at the hearing and may reserve decision for a later date.
If you believe that a decision of the LAT contains an error of law, you may appeal the LAT’s decision to Divisional Court. An appeal to the Divisional Court must be filed in accordance with the rules of court and does not automatically stay a decision of the LAT. If you decide to file an appeal, you may wish to seek legal assistance.
Once a liquor sales licence has been issued, the licence holder must comply with the Liquor Licence and Control Act, 2019, its regulations and the standards or requirements established by the Registrar as well as any conditions that have been placed on the licence.
If you wish to file a complaint about the operation of a liquor licensed establishment, such as minors being served, overcrowding, or intoxicated patrons disturbing the peace, you can do so anytime through iAGCO.
For more information, contact the AGCO at:
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto ON M2N 0A4
Telephone: 416-326-8700
Toll free in Ontario: 1-800-522-2876
Submit a complaint through iAGCO