June 19, 2020
To support additional businesses to reopen safely, the Alcohol and Gaming Commission of Ontario (AGCO) is amending its policy to provide manufacturers (i.e. wineries, breweries and distilleries) with a Limited Liquor Sales Licence (commonly referred to as a “By the Glass” licence) the same flexibility as other liquor sales licensees to temporarily extend their licensed premises.
Once they are again permitted to welcome patrons on-site and until January 1, 2021 at 3:00 a.m., “By the Glass” licensees who wish to temporarily extend their existing outdoor licensed premises or to add a new outdoor licensed premises under their licence, are authorized to do so until January 1, 2021, if the following criteria are met:
- The physical extension of the premises is adjacent to the licensed premises under the “By the Glass” licence;
- The municipality in which the premises is situated has indicated it does not object to an extension;
- The licensee is able to demonstrate sufficient control over the physical extension of the premises;
- There is no condition on the “By the Glass” licence prohibiting a patio;
- The capacity of any new patio, or extended patio space where the licensee has an existing licensed patio, does not exceed 1.11 square metres per person; and
- 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.
Licensees that meet the above criteria are not required to apply or submit any documentation to the AGCO to demonstrate compliance with the above criteria. However, licensees are required to produce such documentation, if requested by the AGCO.
During this temporary authorized period, licensees that do not meet the above criteria and who are interested in applying for a temporary extension of premises should contact AGCO Customer Service who will be able to direct you to the appropriate AGCO Eligibility Officer.
All licensees are expected to comply with physical distancing measures and any other public health guidelines or orders issued by the Ontario Government or by any other applicable level of government.
Licensees who wish to maintain the patio extension beyond January 1, 2021, must apply for a permanent modification through iAGCO and must meet all applicable requirements.
In addition, effective January 2, 2021, “By the Glass” licensees will be able to apply in iAGCO for any future temporary extensions of premises (for a period not greater than 14 days), similar to other liquor sales licensees.
The permissible hours of sale and service of alcohol under a “By the Glass” licence is 9:00 a.m. to midnight, seven days a week, which will remain unchanged.
The AGCO remains committed to protecting public safety and ensuring that alcohol is sold, served, delivered and consumed in a responsible manner. Licensees must continue to adhere to the rules regarding the permissible hours of sale for each licence type and meet all other existing requirements in the LLA and regulations.
Further information on these new measures can be obtained by calling AGCO Customer Service at 1-800-522-2876 or by visiting the AGCO webpage.
Links to electronic versions of the Liquor Licence Act and its regulations are available on our Acts and Regulations page.
FOR MORE INFORMATION CONTACT:
AGCO Customer Service
Toll free in Ontario: 1-800-522-2876
Or via the iAGCO online portal