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Liquor Licensing and the Community: Resolving Problems with Licensed Establishments

PARKDALE FOCUS COMMUNITY PROJECT

"Programming for a Healthy Community"
In Cooperation with
the Liquor Licence Board of Ontario*

Liquor Licensing and the Community: Resolving Problems with Licensed Establishments was written by Simone Cusenza, a member of the Parkdale Focus Community Project.

The Parkdale Focus Community Project was established in 1991 to deliver substance abuse prevention programs. It is a non-profit charitable organization funded by the Ministry of Health, Province of Ontario.

For information or additional copies of Resolving Problems with Licensed Establishments, contact:

Parkdale Focus Community Project
1267 Queen Street West
Toronto, Ontario
M6K 1L5
Telephone: (416) 536-1234
Fax: (416) 536-2859

Who should read this booklet?

  • Is there a problem with a licensed establishment in your community?
  • Have you seen fights inside a bar?
  • Have you seen drunk people stumble out the door of a local tavern?
  • Have you seen drug dealing or drug use in a licensed restaurant or snack bar?
  • Do you think the establishment is having a negative effect on your neighbourhood?

If you answered yes to any of the above questions, you should read Resolving Problems with Licensed Establishments. Find out:

  • What the liquor laws are and who they protect.
  • Who is responsible for enforcing the laws.
  • What you can do if there is a problem with a licensed establishment.
  • What results you can expect.

This booklet is based on the experience of residents who have responded to problems with licensed establishments in their neighbourhoods. They found that when the community works together the problems can be resolved.

The Liquor Laws

THE LIQUOR LICENCE ACT (1990) sets out the laws and regulations for serving alcohol in Ontario. The liquor laws attempt to balance the rights of the community with the rights of those who sell alcohol.

The Liquor Licence Board of Ontario* (LLBO)

LLBO* administers the Liquor Licence Act. They issue licences to establishments that sell and serve beer, wine and liquor. They also enforce the Liquor Licence Act and can take disciplinary action when licensed establishments break the law.

Licence holders must obey the liquor laws or they may face penalties including the loss of their licence. Here are some important laws you should be aware of:

Licence Holders and Their Staff Must:

  • Encourage responsible drinking.
  • Serve a variety of light meals during the hours alcohol is served.
  • Offer a variety of non-alcoholic drinks at reasonable prices.
  • Check the identification of people they suspect are under the age of 19.
  • Sell only alcohol that was bought through the Liquor Control Board of Ontario (LCBO) or Brewers Retail.
  • Comply with zoning by-laws, the Building Code, the Fire Marshals Act and the Health Protection and Promotion Act.
  • Pay Retail Sales Tax.
  • Receive written consent from the LLBO* before renovating the premises.

Licence Holders and Their Staff Must NOT:

  • Let anyone under the age of 19 drink or buy alcohol in the establishment.
  • Serve alcohol to anyone who is or appears drunk.
  • llow drunken, quarrelsome, violent or disorderly conduct.
  • Allow anyone in the establishment to hold, sell, distribute or use illegal drugs.
  • Allow anyone to remain in the establishment if they are breaking the law.
  • Serve smuggled, home-made, watered-down or adulterated alcohol.
  • Serve alcohol outside the allowed hours (usually 11:00 a.m. to 1:00 a.m.).
  • Allow overcrowding.
  • Allow customers to take out or bring in alcohol.
  • Serve free alcohol or offer alcohol at discounted prices at certain times such as "Happy Hour".
  • Advertise alcohol prices outside the establishment (such as on a sidewalk chalk board). For example, "$2 shots" or "cheap beer".
  • Allow customers behind the bar.
  • Allow noise from a patio to disturb the neighbours.
  • Increase the size of the establishment without permission from the LLBO*.
  • Open a patio for the first time without applying to the LLBO* and giving public notice.
  • Obstruct police or liquor inspectors from entering the premises.

What You Can Do:

As soon as you become aware of a problem with a licensed establishment, begin to take action. Every step may not be necessary. Use your judgement.

  1. Write Down What You Witness.

    When you see something that concerns you, write down a description including the location, date and time, names of other witnesses, any action you took (such as calling the LLBO*) and the results. Use a LOG form like the one in the centre of this book.

  2. Phone the LLBO*.

    You do not have to give your name, but do give as many details as possible. The LLBO* investigates every complaint. Follow up in 30 days. WRITE to the LLBO* if you wish to make complaints in languages other than English or French or to avoid long distance charges if you are from outside the Metropolitan Toronto area.
    INSPECTIONS AND INVESTIGATIONS BRANCH
    (416) 326-0330
    Liquor Licence Board of Ontario*
    55 Lake Shore Blvd. East**
    Toronto, Ontario
    M5E 1A4
    Fax: (416) 326-0300

  3. Call the Police.

    The Police can lay charges under the Liquor Licence Act, Criminal Code, Municipal By-laws (such as noise) and for any other illegal activity taking place inside or outside a licensed establishment.

  4. Talk to the Licence Holder.

    If you are not comfortable doing this, ask your local politician or business or resident association for help. Or talk to the landlord of the building where the licensed establishment is located. Write down what action you took and the results on your LOG.

    If the problems do not stop after a month or two, start to take more formal action. REMEMBER TO WRITE DOWN EVERYTHING YOU DO.

  5. Organize a Small Group to Deal with the Problem.

    Meet regularly to make plans and follow up. Contact the following people for help:

      Political Representatives.

      Politicians are important sources of information and support. Local area representatives, such as City Councillors, can enlist the help of the Buildings and Inspections, Public Health, Planning and Development and Fire Prevention Departments.

      Police.

      Meet with an Officer from your neighbourhood's Police Division to find out if they are aware of the problem and what steps they have taken. Ask them to send information they have on the establishment to the Liquor Licence Board*. The LLBO* will consider any relevant charges even if they were not laid under the Liquor Licence Act.

      Community Groups.

      Resident, business, Business Improvement Area (BIA), school and church groups may share your concerns. Ask for their support.

  6. Collect Evidence.

    The best evidence will show the licence holder breaking liquor laws. For example, seeing a fight inside the establishment or a 16-year old drinking beer. Other observations are important as well. For example, seeing someone leave the establishment and urinate or two people leave and begin fighting. Write down all the details on your LOG.

    Ask your neighbours (residents and businesses) to collect evidence as well. Distribute copies of the LOG.

  7. Write Lettes to the LLBO*.

    Send letters to the Inspections and Investigations Branch including the following information:

    • Evidence your group has collected.
    • The negative effects the licensed establishment is having on the neighbourhood.
    • A request that the LLBO* hold a hearing to review the evidence. State whether or not your group is willing to participate.
    • The name, address and phone number of at least one person from your group.

    Send copies of your letters to politicians, police and community groups. Ask them to send letters with the evidence they have collected. Keep copies of everything for yourself.

    The LLBO* should respond to your letters within 30 days. If not, or if you have questions, call the LLBO*'s Legal Counsel (lawyer).

    LEGAL COUNSEL
    LEGAL AND HEARINGS OFFICE
    (416) 326-0365
    Fax: (416) 326-5566

  8. Ask for a Municipal Resolution.

    The LLBO* will take into consideration a resolution of municipal council as proof of residents' needs and wishes regarding a licensed establishment. For example, a resolution from Toronto City Council could request that the LLBO* revoke (take away) a particular liquor licence. Any resolution sent to the LLBO* must include background information supporting Council's decision. Contact your municipal representative for more information.

  9. Prepare for the Hearing.

    When the LLBO* has enough evidence, it will hold a hearing. All interested parties will be notified. A hearing is a legal proceeding open to the public. Sworn testimony is heard from both the licence holder and the complainants (such as LLBO* inspectors, police and residents). The licence holder will probably have a lawyer. Your group may hire a lawyer, but it is not required.

    The licence holder may continue serving alcohol until the hearing. The LLBO* can only suspend or revoke a licence before the hearing if there is a serious threat to public safety.

    Here are some suggestions to help you organize for the hearing:

    • One person from your group should be selected to work with the LLBO*'s Legal Counsel to coordinate your group's evidence and witnesses.
    • Ask the LLBO* to hold the hearing in your community in the evening.
    • Advertise the hearing. A large turnout shows the community is concerned. All residents who attend the hearing will be recorded by the LLBO*.

    Approximately 30 days after the hearing, the LLBO* will make one of the following decisions:

    • The allegations will be waived.
    • The licence holder will be warned.
    • A condition will be attached to the licence (for example, limited serving hours).
    • The licence will be suspended for a set period of time.
    • The licence will be revoked.

    Most licence holders are responsible and law abiding. The few who are not cause problems for everyone. Know the laws, be aware and take steps to resolve problems with licensed establishments. Your community will be a safer and healthier place.

For More Information

Government of Ontario Bookstore
1-800-668-9938 or (416) 326-5300

To obtain a copy of The Hearing Process: A guide for residents objecting to a liquor licence application, call:

Legal and Hearings Office
The Liquor Licence Board of Ontario*
(416) 326-0366

For general information about liquor licensing, call or write:

The Liquor Licence Board of Ontario*
55 Lake Shore Blvd. East
Toronto, Ontario
M5E 1A4


Liquor Licensing and the Community:
Resolving Problems with Licensed Establishments
Parkdale Focus Community Project, 1995.


*Note: On February 23, 1998, the new Alcohol and Gaming Commission of Ontario was created by joining the Liquor Licence Board of Ontario (LLBO) and the Ontario Gaming Control Commission (OGCC). The LLBO and the OGCC no longer exist as separate entities.

**Note: The new address of the AGCO is 20 Dundas Street West, Toronto, Ontario, M5G 2N6. The Web site address is http://www.agco.on.ca