April 19, 2022
The Government of Ontario has amended Regulation 746/21 under the Liquor Licence and Control Act, 2019 (LLCA) to allow licensed manufacturers that hold a by-the-glass endorsement to be eligible for a caterer’s endorsement beginning May 2, 2022.
This new caterer’s endorsement will allow manufacturers with a by-the-glass endorsement to sell and serve liquor at catered events at locations away from the manufacturer’s licensed premises.
Applying for the Caterer’s Endorsement
Effective May 2, 2022, licensed manufacturers with a by-the-glass endorsement may apply online to the AGCO through the iAGCO portal for a caterer’s endorsement. The new caterer’s endorsement will be an endorsement to a winery, brewery or distillery licence.
Manufacturers holding more than one by-the-glass endorsement must apply for a separate caterer’s endorsement for each by-the-glass endorsement. There will be no fee for a caterer’s endorsement.
Requirements for the Caterer’s Endorsement to a Manufacturer’s Licence
- The requirements that apply to the by-the-glass endorsement, such as serving only the manufacturer’s own products, will also apply to the caterer’s endorsement.
- The sale of liquor under the caterer’s endorsement must be primarily aimed at promoting the manufacturer’s product, and either providing an enhanced tourist experience or fulfilling an educational purpose.
- Catered events must be sponsored by someone other than the licensee and may not last more than 10 consecutive days in length.
- The licensee cannot sell liquor at a series of events sponsored by the same person if, as a result of doing so, the licensee is (or appears to be) operating an ongoing business with the event sponsor.
- Liquor may be sold and served under the caterer’s endorsement to a manufacturer’s licence only between the hours of 9 a.m. and midnight.
In addition, the Registrar’s Interim Standards and Requirements for Liquor will be updated on May 2, 2022, to reflect the new endorsement. The Registrar has approved the application of the following Interim Standards to the caterer’s endorsement conditional on the amendments coming into effect:
- Standard 2.1: Compliance with Advertising Guidelines
- Standard 2.3: No Promotion of Catered Events by the Licensee
- Standard 4.1: Completion of Training
- Standard 7.1: Records of Purchase and Sale
- Standard 7.14: Notification for Catered Events
Additional Change to the Interim Standards Applicable to the By-the-Glass Endorsement
The Interim Standards will also be updated to apply Standard 7.3 (Record of Adulteration of Liquor) to By-the-Glass endorsement holders.
Licensees should review the amendments to the regulation to ensure that they are in compliance with all legislative and regulatory requirements, including meeting the eligibility requirements for the new endorsement. Links to the Liquor Licence and Control Act, 2019 and its regulations are available on the AGCO’s Acts and Regulations web page.
For more information
The AGCO will provide licensed manufacturers with an email reminder on May 2, 2022, when the new caterer’s endorsement comes into effect.
Manufacturers who intend to apply for a caterer’s endorsement should familiarize themselves with applicable sections of the LLCA, Regulation 746/21 and the Registrar’s Interim Standards and Requirements for Liquor to ensure they are in compliance.