All Liquor Sales Licences are issued to individuals, business partnerships or corporations, for operation at a specific location. The licensee is responsible for the ongoing operation of the licence.
A transfer of the licence is required if there is a prescribed change of ownership of a business carried on under a licence or if the licensee changes, or if a different person wishes to acquire the licence.
Prescribed Changes in ownership requiring a transfer:
In cases where an individual ceases to be an officer or director of a corporate licensee or a partner ceases to be a partner in a partnership that is a licensee, if the licensee gives the Registrar notice of the change within 30 days after the change occurs, the licensee may continue to engage in activities authorized under the licence without requiring a licence transfer.
A licence to operate a liquor consumption premsies is eligible to be transferred to a different person, provided the regulatory requirements are met.
The Registrar may also transfer a licence to operate a liquor consumption premises for a period of not more than one year, when:
The Registrar may develop a simplified application process for the transfer of a licence to operate a liquor consumption premises in the following circumstances if the principal individuals involved in the licensed business remain the same after the change occurs:
A transfer will not be approved, in most instances, 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.
The business trade (operating) name may have to be registered under the Business Names Act. Also note that corporations must file updated information with respect to officers and directors of a corporation with the Companies and Personal Property Security Branch on a regular basis. Please see the Ontario.ca Central Forms Repository. Forms must be forwarded to the Companies and Personal Property Security Branch for processing.
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; on the issuance of a notice of proposal to refuse the transfer; or upon expiry of the licence.
The Authorization to Contract Out must be submitted to the AGCO with the transfer application, and appropriate liquor licensing fee.
Note that a Personal Disclosure for the person who will be responsible for managing the premises must be submitted and processed by the AGCO, before the Authorization to Contract Out becomes effective and the transfer applicant is permitted to sell and serve liquor on the premises.
Make sure to check the expiry date of the licence, and have the licensee renew it (if necessary) to ensure it does not expire during the transfer period.
The following is required, in most instances, to transfer a Liquor Sales Licence:
* For complete information, please refer to the Personal and Entity Disclosure Guide.
The following is required to complete a transfer application, but may be submitted later in the application process:
Note regarding Retail Sales Tax Act and the Liquor Tax Act: If either the current liquor licence holder or the transfer applicant owes money (under the RSTA or LTA) to the Ministry of Finance, the Liquor Sales Licence Transfer Application cannot proceed until this debt has been resolved. Retail Sales Tax Act and Liquor Tax Act clearance is not required for Trustees in Bankruptcy or Court Appointed Receivers applying for a temporary Liquor Sales Licence.