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Statutes of Newfoundland 2000


Statutes of Newfoundland 2000 Chapter 33

CHAPTER 33

AN ACT TO AMEND THE LIQUOR CONTROL ACT

(Assented to December 14, 2000)

Analysis

1. Ss.127 to 134 Added
127. Application of sections
128. Definitions
129. Local option for access
to alcohol
130. Implementation of
council decision
131. Local alcohol
committees
132. Restrictions on the
frequency of
voting
133. Regulations
134. No liability

2. Commencement

 

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


RSN1990 cL-18
as amended

1. The Liquor Control Act is amended by adding immediately after section 126 the following:

Application of sections

127. (1) Sections 128 to 134 apply only to the part of the province located within the electoral district of Torngat Mountains as that district is described in the House of Assembly Act.

(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by order, exclude a municipality, settlement or an area described in the order from the application of sections 128 to 134.

(3) Where there is a conflict between sections 128 to 134 and sections 1 to 126, with the exception of sections 65 and 67, sections 128 to 134 shall take precedence.

Definitions

128. In sections 129 to 134

(a) "council" means a council as defined by section 2 of the Municipalities Act, 1999;

(b) "municipality" means a municipality as defined by section 2 of the Municipalities Act, 1999;

(c) "prohibited area" means an area within which the possession, purchase, sale, consumption, making or transportation of liquor is prohibited;

(d) "restricted area" means an area within which, in addition to the provisions of sections 2 to 126, restrictions have been placed on the possession, purchase, sale, consumption, making or transportation of liquor; and

(e) "unrestricted area" means an area that is subject only to the provisions of sections 2 to 126.

Local option for access to alcohol

129. (1) The board may not issue or renew a licence to sell liquor in a municipality unless it has first obtained the approval of the council of the municipality.

(2) The board shall cancel all licences to sell liquor in a municipality where the council passes a resolution in favour of cancelling the licences or where the Lieutenant-Governor in Council declares the municipality a prohibited area.

(3) The Lieutenant-Governor in Council shall, by order, declare a municipality a restricted area where the council passes a resolution approving restrictions on the possession, purchase, sale, consumption, making or transportation of liquor within the municipality.

(4) The Lieutenant-Governor in Council shall, by order, declare a municipality a prohibited area where the council passes a resolution approving the prohibition of possession, purchase, sale, consumption, making and transportation of liquor within the municipality.

(5) The Lieutenant-Governor in Council shall, by order, declare

(a) a prohibited area to be a restricted area or an unrestricted area; or

(b) a restricted area to be a prohibited area or an unrestricted area

where the council of a municipality to which a previously issued order applies pass a resolution approving these changes to the prohibition or restrictions imposed under the previously issued order.

(6) In an order made under subsection (3) or (4), the Lieutenant-Governor in Council, where requested to do so by the municipality, may declare an area contiguous to the municipality to form part of the municipality and, where the order contains such a declaration, the area shall, for the purpose of giving effect to the order, be considered to form part of the municipality.

Implementation of council decision

130. Where the council of a municipality votes in favour of the board issuing a licence, the board may issue the licence in accordance with this Act on receipt of an application made under this Act.

Local alcohol committees

131. (1) A municipality may establish an alcohol committee consisting of not less than 5 and not more than 9 members elected by residents of the municipality in accordance with the regulations under section 133 which may, where authorized by the regulations under section 133, prohibit a person from possessing, purchasing, consuming, making or transporting liquor within a restricted area for a period of up to 3 years where, in the opinion of the committee, that person

(a) by excessive drinking of liquor misspends, wastes or unduly lessens his or her estate, injures his or her health or interrupts the peace and happiness of his or her family or other members of the community; or

(b) has sold, given or transferred liquor to a person who has been made subject to a prohibition.

(2) An alcohol committee shall before making a decision under subsection (1), hold a hearing and give the person who is the subject of the hearing a full opportunity to be heard and to make submissions.

(3) A person whose eligibility has been withdrawn under subsection (1) may apply to a Provincial Court judge who shall hold a hearing and may confirm, vary or set aside the decision of the alcohol committee.

(4) Where an alcohol committee is established under this section, the alcohol committee may, either alone or in conjunction with others

(a) organize programs to educate people in the use of liquor for the prevention of the abuse of liquor;

(b) establish a counselling service for persons who abuse liquor;

(c) promote programs for the prevention of the abuse of liquor; and

(d) decide, under the provisions of the Act

(i) who may possess, purchase, consume or transport liquor in the municipality,

(ii) who may bring liquor into the municipality,

(iii) the amount of liquor that a person may possess, purchase, transport or bring into the municipality, and

(iv) who may brew beer or make wine for personal or family consumption in the municipality and the amount of beer or wine that a person may brew or make.

Restrictions on the frequency of voting

132. (1) Where, at a meeting of the council called for the purpose, a majority of the members of the council do not vote in favour of the board issuing a licence, no further vote shall be held by the council on the same or a similar subject within 3 years of that vote.

(2) Where a vote is held by a council for the purpose of subsection 129(2), (3) or (4) and a majority of the members of the council do not vote in favour of cancelling licences to sell liquor in the municipality or the establishment of restrictions or a prohibition on the possession, sale, consumption, making or transportation of liquor within the municipality, no further vote shall be held by the council of the municipality on the same or a similar subject within 18 months of that vote.

(3) Where a vote is held by a council for the purpose of subsection 129(2), (3) or (4) and a majority of the members of the council vote in favour of the cancellation of a licence to sell liquor in the municipality or the establishment of restrictions or a prohibition on the possession, sale, consumption, making or transportation of liquor within the municipality, at least 4 years shall elapse before another vote is held by the council that, if approved, would have the effect of reversing or varying the results of the previous vote.

Regulations

133. The Lieutenant-Governor in Council may make regulations

(a) to give effect to the results of a decision of a council of a municipality, including regulations imposing penalties for a contravention of the regulations;

(b) respecting the establishment, operation and proceedings of an alcohol committee established under section 131, including regulations respecting the election, term of office and removal of members of a committee; and

(c) generally to give effect to sections 129 to 132.

No liability

134. An action for damages or a suit for compensation does not lie against a council, the board or the minister, and no compensation or damages are payable by either as a result of a cancellation of a licence or the failure to renew a licence by the board under subsection 129(2).

Commencement

2. This Act comes into force on January 1, 2001.

 

 

 

 

 

 

 

 

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