October 2008

 

New Rules Coming for the Liquor Licence Act

In July 2008, the Alcohol and Gaming Commission of Ontario (AGCO) released a new approach to the regulation of liquor sales and service in Ontario. This approach, labeled risk-based licensing, is in part a result of provincial consultations with provincial partners who have a vested interest in alcohol policy, including but not limited to, government, industry, research, and public health interest groups. This new approach is divided into a three-phase implementation plan, and is said to allow the AGCO to encourage good business practices throughout the industry while strategically focusing resources where they will make the most difference.

The AGCO highlights four key principles underlying risk-based licensing:

1. To identify persons or places that pose specific risks to public safety or the public interest;
2. To lessen any risks and ensure compliance with the Liquor Licence Act (LLA);
3. To reduce the administrative burden for those who pose a lower risk;
4. To focus more AGCO resources on establishments that pose enhanced risks.

Licensees could be deemed high risk based on a variety of criteria including type and location of establishment, occupancy allotment, hours of operation, past conduct and infractions, and the level of experience and training of owners and staff. Many of these criteria will be informed by data gathered from local police and municipalities.

High risk licensees may be required to submit a plan – for example, a crowd control plan or a safety and security plan – to better comply with the laws.

This new approach to compliance with the LLA will be rolled out in all licensed establishments in the following 11 municipalities from Summer 2008 to Summer 2009:

1. Toronto (including Scarborough, North York, Etobicoke, York and East York)
2. Ottawa (including Nepean, Kanata, Gloucester, Cumberland, Goulburn, Osgoode, Rideau, West Carleton, Rockliffe Park and Vanier)
3. Thunder Bay
4. Sault Ste Marie
5. Windsor
6. Kitchener
7. Waterloo
8. Niagara Falls
9. Guelph
10. Hamilton
11. London

In Summer 2009, risk-based licensing will be expanded to include licensed establishments throughout the rest of Ontario.

Click here [PDF] to view the OPHA's written response from March 2007 regarding proposed changes to the Liquor Licence Act.

In a similar process, the AGCO is currently conducting consultations with various stakeholders to discuss proposed changes to Special Occasion Permits – this type of permit being required if one is planning to sell or serve liquor at special occasions, such as weddings, charity fundraisers and receptions.

"The OPHA supports and recognizes the need for continual review and evaluation of current legislation to ensure public health and safety measures are thoroughly explored," wrote Carol Timmings [PDF], President of OPHA in a recent response to the call for consultation on SOPs.

"Further, it is incumbent upon the government to balance business and consumer interests with public health and safety," Timmings continued. "OPHA would like to emphasize again the importance of health and safety in all government deliberations on issues of alcohol policy, and not just consultations on changes to the LLA."

Main points within the letter include the:

• Strong recommendation to read just high risk events as 1,000+ participants to 100+ participants, especially among events attractive to young adults (i.e. 19-24 years of age);
• Immediate doubling of the amount of liquor inspectors in the province;
• Shortening of the length of time between charges and court dates for violators;
• Important role of alcohol pricing and taxation in preventing alcohol-related problems and costs ;
• Importance of better security and standard server training measures;
• Continued and enhanced inclusion of public health interest groups in these decisions including MADD Canada and the Centre for Addiction and Mental Health in addition to Ontario’s Public Health system, including, but not limited to, the OPHA, Medical Officers of Health and the Association of Local Public Health Agencies.

International Fetal Alcohol Spectrum Disorder (FASD) day

Each year on September 9th, all provinces and territories across Canada recognize the importance of education and policy measures in regards to preventing Fetal Alcohol Spectrum Disorder.

One province in particular is Saskatchewan, which has earmarked $400,000 in funding for FASD awareness initiatives in 2008-09.

Although the money is welcomed, the executive director of the Saskatchewan Prevention Institute points out that only producing warning messages regarding the risks associated with drinking while pregnant is not enough to change behaviour. Groups need to also start looking at causal factors including addiction, difficult life situations or stages, lack of family support, and other issues.

"The ‘Just say no!’ messages don't really work," stated Noreen Agrey, executive director of the Saskatchewan Prevention Institute. "We need to look at harm reduction and assisting women and their families at the community level to find ways to support them through the pregnancy and to reduce the harm alcohol can cause on a pregnancy."

In Ontario, the message is similar. Best Start Resource Centre assists service providers in working on preconception, prenatal and child health. They have focused on a range of complementary strategies, including surveys of awareness, awareness campaigns, warning signs as well as physician and service provider training and resources on assessing and addressing alcohol use in pregnancy.

"Education, marketing, and advocating for policy changes are all important components in helping to reduce the occurrence of FASD," says Wendy Burgoyne, Acting Lead for the Best Start Resource Centre. "Women need to know about the risks, and many also need supports and services in order to stop drinking. FASD Day is an opportunity to share and reinforce awareness messages and to renew our commitment to addressing this serious and preventable condition. By working together on a comprehensive strategy, we can make a difference," concludes Burgoyne.

Help Inform the Alcohol Programs of OPHA

Each year the Alcohol Policy Network (APN) and the Association to Reduce Alcohol Promotion in Ontario (ARAPO) gather valuable information from service users to improve resources and make services more applicable to the field of alcohol policy and substance misuse.

One method of attaining such information is through a short web-based survey. If you have been on our website within the last 12 months, we ask you to please take 15 minutes and fill out our Web User Survey before October 20, 2008. All identifying information will be kept confidential and results will be reported in aggregate only.

This survey allows you to rate the services of APN and ARAPO while offering valuable suggestions for improving our resources.

Thank you in advance for taking the time to fill out our survey. Your feedback is greatly appreciated. Summarized data from the survey will be posted to our website by December 1st, 2008. Stay tuned to the APOLNET listserv for updates.