Liquor License Act

Most provinces require establishments or venues to apply for a liquor license should they wish to sell or serve liquor. This applies for establishments such as bars, restaurants, nightclubs and special events that serve alcohol.

Should a location be approved and obtain a liquor license, they are required to agree to a set of rules under the liquor license.

These are rules the establishment must follow. Should the establishment contravene the liquor license, the establishment would risk fines, or perhaps the loss of their liquor license.

Establishment such as these would employ security staff to ensure these regulations are strictly enforced. This is to ensure the protection of the liquor license.

Rules and offences under the Liquor License are as follows:

As an example, we are using the Ontario Liquor laws below.

  • No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated
  • No person shall knowingly sell or supply liquor to a person under nineteen years of age. (Ontario Regulation)
  • No person shall sell or supply liquor to a person who appears to be under nineteen years of age (Ontario)
  • No licensee or employee or agent of a licensee shall knowingly permit a person under nineteen years of age to have or consume liquor in the licensee’s licensed premises (Ontario)
  • No licensee or employee or agent of a licensee shall permit a person who appears to be under nineteen years of age to have or consume liquor in the licensee’s licensed premises
  • No person under nineteen years of age shall have, consume, attempt to purchase, purchase or otherwise obtain liquor.
  • No person under nineteen years of age shall enter or remain on premises in which the sale of liquor is authorized if the person knows that a condition of the licence or permit for the premises prohibits the entry of persons under nineteen years of age
  • No person shall present as evidence of his or her age any documentation other than documentation that was lawfully issued to him or her
  • No person shall be in an intoxicated condition,

Mentioned above are some of the main offences that can be committed under the liquor license act in a nightclub or bar setting. For example, if you were at a local pub or concerts, and one of the above mentioned rules was broken, the establishment would face possible fines or even the loss of their liquor license.

It is the duty of security to ensure these rules are followed, ensure the protection of the venue and the liquor license.

Who Can Arrest ? Only a police officer can arrest under the liquor license act in Ontario.

A police officer may arrest without warrant any person whom he or she finds contravening the act if, in the opinion of the police officer, to do so is necessary for the safety of any person

What Can Private Security or Security Guards do ?

The Ontario Liquor License Act provides the establishment the authority to forcibly remove an individual that is contravening the liquor license act, or if an individual is on the property for an unlawful purpose. This is not an arrest, this is simply the removal of the individual from the establishment.

This is the authority that bouncers or security guards use to remove intoxicated individuals, underage or individuals that are fighting inside a bar or nightclub. The authority allows the security staff to use appropriate force to remove the suspect from the establishment. This is not an arrest, therefore you are not required to contact police one the subject has been removed from the premises.

Removing person from premises

The holder of a licence or permit issued in respect of premises shall ensure that a person does not remain on the premises if the holder has reasonable grounds to believe that the person,

(a) is unlawfully on the premises;

(b) is on the premises for an unlawful purpose; or

(c) is contravening the law on the premises. 

The holder of a licence or permit may request a person to leave the premises immediately and if the request is not forthwith complied with may remove the person or cause the person to be removed by the use of no more force than is necessary. 

As a security professional, you are required to research the liquor license act of the province you are employed in to ensure you are aware of any arrest or use of force authorities.

Ontario Liquor License Act: https://www.ontariocanada.com/registry/view.do?postingId=8388

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