11

 

 

First Session, 47th General Assembly

61 Elizabeth II, 2012

BILL 11

AN ACT TO AMEND THE LIQUOR CONTROL ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE THOMAS W. MARSHALL, Q.C.

Minister of Finance and President of Treasury Board

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Liquor Control Act to:

·         define a "brew restaurant" and a "microbrewery";

·         remove the requirement that beer sold for off site consumption must be sold in a package of 6 bottles or more; and

·         allow a brewer who owns and operates a brew restaurant to sell beer by the glass or open bottle to guests at meals for consumption at the brew restaurant.

A BILL

AN ACT TO AMEND THE LIQUOR CONTROL ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.28 R&S
Beer vendor's licence


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-18 as amended

        1. (1) Section 2 of the Liquor Control Act is amended by adding immediately after paragraph 2(d) the following:

          (d.1)  "brew restaurant" means a restaurant that offers a full service menu and has a microbrewery on the premises;

             (2)  Section 2 of the Act is amended by repealing paragraph 2(e).

             (3)  Section 2 of the Act is amended by adding immediately after paragraph (r) the following:

           (r.1)  "microbrewery" means a small capacity brewery that produces less than 5,000 hectolitres of beer per year;                

 

        2. Section 28 of the Act is repealed and the following substituted:

Beer vendor's licence

      28. (1) The board may grant a licence to

             (a)  a brewer who is licensed under the Liquor Corporation Act or an association of 2 or more brewers;

             (b)  a person who has been approved by the board as an agent of a brewer, or of an association of 2 or more brewers, licensed under the Liquor Corporation Act; or

             (c)  a person who has been recommended as a distributor by one or more brewers who are licensed under the Liquor Corporation Act,

to sell beer to a person who is not disqualified to purchase it under this Act or the regulations, for consumption off the premises where beer is sold.

             (2)  A licence that is granted under subsection (1) is valid only in respect of the premises described in the licence.

             (3)  A brewer or an association of brewers, a brewer’s agent, a distributor or the agent or employee of either of them shall not sell or deliver beer except under a licence issued under and in accordance with subsection (1).

             (4)  A brewer, an association of brewers, a brewer’s agent, a distributor or the agent or employee of either of them shall not

             (a)  sell;

             (b)  deliver;

             (c)  advertise for sale; or

             (d)  store

beer except in the container and package sizes approved by the corporation.

             (5)  Notwithstanding subsection (4), a brewer who owns and operates a brew restaurant is permitted to sell beer by the glass or open bottle to guests at meals for consumption at the brew restaurant.

             (6)  A person who contravenes this section is guilty of an offence.