April 2006

A Review of the Ontario Liquor License Act (LLA)

As highlighted in the news and over the APOLNET Listserv over the past several months, the Ministry of Government Services is currently undergoing a review of the Ontario Liquor License Act (LLA). This review process has already garnered over 80 written responses from interested parties, many of which represent public health units or related agencies. (see: OPHA response [PDF]) This review has been seen as priority to many in the health field for some time, but even more so after recent alcohol-related events in Kingston, in Windsor [PPS], and in Toronto.

This review of the LLA includes conducting focus groups around the province to discuss major issues surrounding proposed changes; mainly the option of moving towards a Risk-based licensing system and a review of the current Special Occasion Permit system.

Risk-based Licencing
Currently, all establishments applying for a liquor license are exposed to similar screening and approval processes. Under a revised system, only those establishments which appear to pose an increased risk (i.e., high density of outlets in a small geographic location, past conduct, etc.) will undergo a scrutinized screening process, whereas establishments which are deemed low-risk will have their applications streamed through.

The purpose of such changes are to maintain social responsibility with swift enforcement while decreasing administrative burdens to both the Alcohol and Gaming Commission of Ontario (AGCO) and licensees.

Proposed discussion points being reviewed by the Ministry of Government Services are:

1. Enhance current tools
2. Create risk-based classes (different categories established based on risk to the public)
3. Stream applications based on risk

These options hope to place more power onto the AGCO such as: increase investigative powers and chargeback for these fees; levy fines; increase training requirements for licensees; ban reapplying for licenses for up to two years after being refused; and increase compliance requirements.

Special Occasion Permits
Originally designed as an alternative to hosting wakes, weddings, and fundraisers in someone's own home, a Special Occasion Permit (SOP) allows the public to host a one-time licensed event in an established venue. However, over the years this system has been abused to engage in profiteering and host on-going regular functions to avoid attaining a full liquor license.

Currently SOPs are administered through 400 LCBO stores, approving approximately 65,000 SOPs in 2005. To counteract this high number of SOPs and the abuse to the current system, three discussion points have been proposed for review:

1. Eliminate SOP program requiring all events to use a licensee
2. Redesign SOP program based on capacity of events
3. Collapse eight current categories of SOPs into three types (public, private and industry promotional)

A main discussion point arising from both the above topic areas is the need for greater number of enforcement officers and resources accessible by the AGCO. At present, the effectiveness of any change to the LLA will be minimal due to the current lack of resources at the AGCO.

Data gained from focus groups conducted across Ontario will provide the basis to informing the proposed changes to the Liquor License Act. A report summarizing these proposed changes is slated to be released in early Fall, 2006.

April is Alcohol Awareness Month

Many groups and agencies use the month of April to launch new campaigns or highlight effective existing ones on alcohol. For example, the US-based Join Together Group kicks off this month with their Get Serious campaign ‚ a program to encourage elected officials to pay closer attention to underage drinking and other alcohol problems, with the end goal of advancing effective alcohol and drug policies.

Other groups are involved with similar initiatives. Contact your local health unit or community health centre for other activities.