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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER L-18

AN ACT TO PROVIDE FOR THE CONTROL OF ALCOHOLIC LIQUOR

Analysis

1. Short title

2. Definitions

3. Board

4. Vice-chairperson

5. Chairperson of board to be chief executive officer

6. Use of seal

7. Appointment of staff

8. Disqualification of members and staff

9. Offence and penalty

10. Financial year

11. Board to submit report to minister

12. Financial statement

13. Additional statements and reports

14. Minutes to be kept

15. Audit of accounts

16. Other audits

17. Powers of board

18. Investigations by board

19. Salaries and expenses

20. Revenue of board

21. Extracts subject to prohibition by board

22. Expiry of permits

23. Permit not transferable

24. Issuing permits

25. Suspension of permit

26. Permits not to be issued

27. Licences

28. Beer vendor's licence

29. Conditions affecting licences

30. Period of licence

31. Fees

32. Qualifications of licensees

33. Qualification for licence

34. Advertisement

35. Application

36. New or repaired premises

37. Investigations

38. Personal application

39. Objections

40. Public hearings

41. Notice of hearing

42. Grant or refusal of licence

43. Application of certain sections

44. Transfers of licences

45. Application of sections

46. Suspension of licence

47. Criminal Code re indecency, etc.

48. Licence cancelled

49. Proceedings for cancellation

50. Disposition

51. Appeal

52. Appointment of day for hearing

53. Posting of licence

54. How to keep liquor

55. Unlicensed liquor not to be consumed

56. Restrictions on licensees

57. Offence

58. Minors

59. Identification card

60. Issue of permits, licences and identification cards

61. Regulations

62. Actions of board are final

63. Revenues of board

64. Expenses of board

65. Use and disposition of liquor obtained under permit

66. Brewers licensed by federal statute

67. Act does not apply to essences

68. Limitation on amount of liquor to be brought into province

69. Export liquor warehouses

70. Sale

71. Sale to be in accordance with regulations

72. Offences by minors

73. Purchase

74. Adulteration

75. Sale prohibited

76. Supplying liquor to minors

77. Consumption of liquor in a public place

78. Possession of still prohibited

79. Peddling

80. Alcoholic liquor in motor vehicle

81. Order of interdiction

82. Possession by persons an offence

83. Interdiction of premises

84. Placarding of interdicted premises

85. Transfer of interdiction

86. Persons found on premises where offences committed

87. Certificate of appointment

88. Search and seizure on suspicion

89. Power of entry

90. Officer may require declaration and production

91. Powers of entry, search and seizure

92. Detention and confiscation

93. Declaration of confiscation

94. Judge may order confiscation

95. Samples, confiscations

96. Powers of officers

97. Officers to report seizures

98. Arrest on view

99. Obstruction of officers

100. Certificate of probable cause

101. Protection of officers

102. Hindering searches

103. Protection of employees

104. Search warrants

105. Prosecutions

106. No prosecutions after 6 months

107. Prosecutions under Summary Proceedings Act

108. Deposit from persons taking action

109. Evidence of sale

110. Delivery a sale

111. Burden of proof

112. Places of concealment

113. Form of summons

114. Sale of liquor on premises

115. Government analyst

116. Appeals

117. Procedure on appeals

118. Conviction not void for want of form

119. Disposition of fines

120. Fines to be revenue of board

121. Conviction under previous Act

122. Violation of Act an offence

123. When charged as 1st offence

124. Specific penalties

125. General penalties


Short title

1. This Act may be cited as the Liquor Control Act.

1973 No103 s1

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Definitions

2. In this Act

(a) "alcohol" means the product of the distillation of a fermented liquid rectified either once or more often, whatever may be the origin of the liquid, and includes synthetic ethyl alcohol;

(b) "alcoholic liquor" or "liquor" means an alcoholic, spirituous, vinous, fermented or malt liquor, or combination of liquors, and all drinks or drinkable liquids and consumable solids, patented or not, containing 1% and upwards of alcohol by volume;

(c) "beer" means beer as defined by section 2 of the Liquor Corporation Act;

(d) "board" means The Newfoundland Liquor Licensing Board continued by section 3;

(e) "case" means a sealed package, carton or container containing the number of bottles of beer not fewer than 6 that may be prescribed by the liquor corporation under the Liquor Corporation Act;

(f) "club" means a corporation, society or association of persons organized or carried on for purposes of a social, fraternal or athletic nature, but not for monetary gain, and includes the premises occupied or used for that purpose;

(g) "establishment" means a lounge, restaurant, tavern, club, hotel, motel, tourist home, or military mess;

(h) "hotel" means an establishment in regular operation provided with the number of bedrooms, special accommodations, facilities and equipment as prescribed in the regulations, where, in consideration of payment, food and lodging are regularly provided to the public;

(i) "identification card" means an identification card or a duplicate of an original issued under section 59;

(j) "inspector" means a person authorized or appointed by the board in accordance with this Act to carry out this Act;

(k) "licence" means a licence granted under this Act or the regulations to sell wine, beer or spirits;

(l) "licensed premises" means premises in respect of which an existing licence has been granted;

(m) "licensee" means the person to whom a licence is granted;

(n) "liquor agency" means a liquor agency established and operated by the liquor corporation under the Liquor Corporation Act;

(o) "liquor corporation" means the Newfoundland Liquor Corporation continued by the Liquor Corporation Act;

(p) "liquor store" means a government liquor store established or maintained and operated by the liquor corporation under the Liquor Corporation Act;

(q) "lounge" means

(i) part of a licensed hotel or motel, or

(ii) premises not part of a licensed hotel or motel, provided with special accommodations, facilities or equipment prescribed in the regulations, where in consideration of payment, beer, wine or spirits are served;

(r) "meal" means food as may be prescribed;

(s) "military mess" includes a canteen and an institute in a building or camp used for the accommodation of the active or reserve units of the naval, military or air forces of Canada;

(t) "minister" means the Minister of Finance;

(u) "motel" means a roadside building containing 3 or more rental units under 1 roof with easy access to automobiles whether or not other rental units are operated in conjunction with it;

(v) "officer" means a member of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police, and includes inspectors acting under this Act;

(w) "peddling" means having on one's person or transporting with one any liquor and selling or intending to sell it contrary to this Act or the regulations;

(x) "permit" means a permit issued under this Act;

(y) "public place" means

(i) a parking area or a building to which the public has or is permitted to have access,

(ii) a highway, road, street, lane or other thoroughfare,

(iii) unoccupied private land or unoccupied building,

(iv) in relation to a person who enters occupied land or an occupied building without the consent of the occupant, the land or building so entered, and

(v) a conveyance while it is at, in or on a public or private road,

but does not include a camp, trailer or vehicle that is being used as a permanent or temporary dwelling on unoccupied private land;

(z) "rental unit" means the cabin, cottage, room or portion of an establishment assigned to the exclusive use of a guest;

(aa) "residence" means the premises where a person lives permanently or temporarily and includes the aggregation of rooms inhabited by him or her, as well as the basement and other space used by him or her;

(bb) "restaurant" means an establishment which is exclusively engaged in the serving of regular meals to the public in consideration of payment whether or not there are sold cigars, cigarettes, tobacco and other articles incidental to the sale of regular meals;

(cc) "sale" or "sell" includes to solicit or receive an order for, to keep or expose for sale, to barter or exchange or otherwise deliver for value, to peddle, to keep with intent to sell, to traffic in, or for a consideration, promised or obtained, directly or indirectly, or under a pretext, or to obtain or allow to be obtained for another person;

(dd) "spirits" means spirits as defined by section 2 of the Liquor Corporation Act;

(ee) "tavern" means premises provided with special accommodation, facilities and equipment as prescribed in the regulations, where in return for payment beer and wine are served;

(ff) "tourist" means a person not ordinarily resident in the province who is visiting for a vacation;

(gg) "vehicle" means an instrument of transportation including a boat, and an article used in transporting; and

(hh) "wine" means wine as defined by section 2 of the Liquor Corporation Act.

1973 No103 s2; 1977 c111 s1; 1979 c53 s1;
1981 c79 s8; 1985 c28 s12; 1986 c33 s10;
1986 c42 Sch A

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Board

3. (1) The Newfoundland Liquor Licensing Board is continued as a corporation.

(2) The Lieutenant-Governor in Council shall appoint the members of the board and shall appoint 1 of them to be chairperson.

(3) The membership of the board shall consist of

(a) a representative of the liquor corporation; and

(b) 4 additional persons.

(4) The chairperson of the board shall devote his or her whole time and attention to the business of the board and shall not engage in another occupation, but the remaining members of the board shall be employed part time only.

1973 No103 s5; 1978 c58 s1

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Vice-chairperson

4. (1) The Lieutenant-Governor in Council may appoint 1 of the members of the board to be vice-chairperson.

(2) The board shall not be disabled from acting because of a temporary vacancy in its number, but the number of members shall not be less than 2.

(3) It shall be the duty of the board to establish immediately, with the approval of the Lieutenant-Governor in Council, a common seal for the board.

(4) A majority of the board constitutes a quorum for the transaction of business.

(5) The affirmative votes of a majority of the members present at a meeting of the board at which a quorum is present are sufficient to pass a resolution which the board is competent to make.

(6) The chairperson, vice-chairperson and members of the board shall be paid the salaries or other remuneration that the Lieutenant-Governor in Council may by order determine.

(7) Members of the board other than the chairperson hold office for a term of 3 years from the date of appointment.

(8) The chairperson of the board holds office from the date of his or her appointment and is subject to the Public Service Pensions Act.

(9) The board may make by-laws for the management of its property and effects and of its affairs and business or relating to other things that may be necessary for carrying out the objects of this Act and the regulations and for the exercise of other powers of the board incidental to them.

1973 No103 s6; 1978 c58 s2

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Chairperson of board to be chief executive officer

5. (1) The chairperson of the board shall be the chief executive officer of the board and shall be charged with the general direction, supervision and control of the business of the board and shall have other powers that may be conferred on him or her in the regulations.

(2) During the incapacity or absence of the chairperson or vacancy in the office of chairperson, the vice-chairperson or another member of the board designated by the Lieutenant-Governor in Council has and may exercise the powers of the chairperson and shall discharge his or her duties.

(3) All acts done by the board shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the board, be as valid as if that defect had not existed.

1973 No103 s7

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Use of seal

6. (1) The affixing of the common seal of the board shall be certified by at least 1 member of the board and by the person acting as secretary of the board.

(2) A contract or instrument which if entered into or executed by a person not being a corporation would not be required to be under seal may be entered into or executed on behalf of the board by a person generally or specially authorized by the board for that purpose.

1973 No103 s8

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Appointment of staff

7. Subject to the approval of the Lieutenant-Governor in Council, the board may appoint a secretary to the board and those officers, accountants, inspectors and other staff and employees that it may consider necessary and fix their remuneration and terms of service.

1973 No103 s9

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Disqualification of members and staff

8. (1) A member of the board or an officer, inspector or other employee of the board shall not, directly or indirectly, individually or as a member of a partnership or corporation, have an interest in or receive a commission or profit from

(a) the manufacture, sale or distribution of or other dealing in alcoholic liquor or in an enterprise or industry in which alcoholic liquor is required;

(b) licensed premises;

(c) a contract of any nature in respect of licensed premises or premises upon which liquor is manufactured, produced, sold or kept for sale; or

(d) purchases or sales made by the liquor corporation or by a person authorized under this Act or the regulations to purchase or sell liquor.

(2) Nothing in subsection (1) shall prevent a member, officer or other employee referred to in that subsection from purchasing and having in his or her possession for personal or for the use of his or her family liquor which he or she may lawfully purchase or keep under this Act or the regulations.

1973 No103 s10

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Offence and penalty

9. A person who contravenes section 8 is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding 3 months.

1973 No103 s11

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Financial year

10. The financial year of the board shall correspond with the financial year of the province.

1973 No103 s13

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Board to submit report to minister

11. (1) The board shall, not later than September 30 in each year, prepare and submit to the minister a financial statement setting out the assets and liabilities of the board and the receipts and expenditures of the board for the previous financial year, together with a report concerning the work of the board during the previous financial year and the working of this Act in the province.

(2) The statement and report referred to in subsection (1) shall be laid before the Legislature within 15 days after they are submitted to the minister, if the Legislature is then sitting, and, if not, then within 15 days after the beginning of the next session.

1973 No103 s14

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Financial statement

12. The financial statement referred to in section 11 shall be signed by the chairperson and 1 other member of the board and certified by the auditor general and shall have attached to it a report which the auditor general may have made to the board.

1973 No103 s15

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Additional statements and reports

13. The board shall provide to the minister those financial statements and financial and other reports additional to those referred to in section 11 and other information that the minister may request covering the period that may be prescribed by him or her.

1973 No103 s16

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Minutes to be kept

14. The chairperson of the board shall keep regular minutes of the meetings of the board and shall ensure that complete books of account and records are kept.

1973 No103 s17

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Audit of accounts

15. (1) The auditor general shall audit the accounts of the board and has authority to call for and shall be supplied by the board with all books and vouchers which he or she considers necessary for an audit.

(2) Where the auditor general makes an interim examination of the accounts of the board during the course of a financial year, he or she shall submit a report of the examination to the chairperson of the board and to the minister, and the minister shall lay the report before the Legislature with the statement and report referred to in section 11.

1973 No103 s18

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Other audits

16. The Lieutenant-Governor in Council may by order designate or appoint other auditors to carry out the audit of the board's accounts and business that he or she may specify in the order, and an auditor so designated or appointed shall have authority to call for and shall be supplied by the board with all books and vouchers which he or she considers necessary for that audit.

1973 No103 s19

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Powers of board

17. (1) The board may

(a) control the possession, sale and delivery of alcoholic liquor in accordance with this Act and the regulations;

(b) appoint officials to issue and grant permits and licences and appoint or authorize inspectors;

(c) grant, issue, refuse, cancel or suspend licences and permits under and in accordance with this Act; and

(d) do those things that are considered necessary or advisable by the board for the purpose of carrying into effect this Act and the regulations.

(2) Under the direction of the Minister of Justice, the board shall take all necessary steps for the enforcement of this Act and regulations.

(3) The rights and powers granted to the board by this Act shall be in addition to the rights and powers conferred on it by section 19 of the Interpretation Act, and nothing in this Act shall be considered to derogate from those rights and powers or from the exemptions provided to the members of the board by section 19 of the Interpretation Act.

1973 No103 s20

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Investigations by board

18. (1) The board may make those investigations that it considers expedient for the administration of this Act into or respecting

(a) the affairs or conduct of a person applying for or holding a licence or of his or her servants, agents or employees;

(b) an existing licence, permit or authority issued, held or applied for under this Act or the regulations or any premises in respect of which an authority or licence was issued or held;

(c) a matter concerning the selling or handling of or transactions in liquor.

(2) Where the board believes on reasonable grounds that a person has contravened this Act or regulations, a person appointed to make the investigation ordered under this section may, with a warrant issued under subsection (3) at a reasonable time enter upon any premises that the board considers may be relevant to the investigation and may investigate, inquire into and examine the affairs of the person in respect of whom the investigation is being made and into the books, documents, correspondence and records or other property belonging to or in the possession or under the control of a person that the board considers may be relevant to the investigation.

(3) A Provincial Court judge or justice of the peace who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on any premises anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant authorizing a person named in the warrant to enter and search those premises and to make those inquiries and copies of books, documents, correspondence and records or other property belonging to or in the possession or under the control of a person that the board considers may be relevant to the investigation that are considered necessary subject to those conditions that may be specified in the warrant.

(4) The owner or person in charge of the premises referred to in this section and a person found there shall give the person named in the warrant reasonable help to enable that person to carry out his or her duties and functions under this section and shall provide the information that that person may reasonably require.

1973 No103 s21; 1985 c11 s50

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Salaries and expenses

19. The salaries or other remuneration of members and employees of the board and all other expenses of the board shall be paid by the minister out of the Consolidated Revenue Fund of the province.

1973 No103 s24

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Revenue of board

20. All licence fees received by the board and all other revenues of the board shall be paid into the Consolidated Revenue Fund of the province at the intervals and in the manner that the minister may direct by notice to the chairperson of the board.

1973 No103 s25

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Extracts subject to prohibition by board

21. (1) Where the board is of the opinion that a proprietary or patent medicine, extract, essence, tincture or preparation which contains alcohol or other preparation of a solid, semi-solid or liquid nature which contains alcohol or an extract from them can be used as a beverage or as the ingredient of a beverage then, with the prior approval of the Lieutenant-Governor in Council, the board may by order prohibit the sale of it within the province by wholesale or retail or both and the possession of the proprietary or patent medicine, extract, essence, tincture or preparation for sale within the province by wholesale or retail or both, except upon those terms and conditions that may be prescribed in the order of the board and by a person to whom a permit has been issued by the board in accordance with subsection (3) authorizing him or her to keep and sell the proprietary or patent medicine, extract, essence, tincture or preparation by retail in accordance with this Act and the regulations.

(2) Where a prohibition is made under subsection (1), notice of the prohibition published in the Gazette is conclusive evidence of notice to all persons concerned, and, from and after the date of the publication, a person in the province selling or keeping for sale the proprietary or patent medicine, extract, essence, tincture or preparation so prohibited, except under a permit referred to in subsection (3), is guilty of an offence.

(3) Where the sale of a medicine, extract, essence, tincture or preparation is prohibited under subsection (1), the board may issue to a person, partnership, corporation or other legal entity a permit authorizing him or her to sell the prohibited item, and any terms and conditions prescribed in respect of the permit shall be set out in it or attached to it.

1973 No103 s27

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Expiry of permits

22. Unless sooner cancelled, a permit shall expire on March 31 immediately following the date of issue, except a permit that according to its terms expires sooner.

1973 No103 s28; 1977 c111 s3

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Permit not transferable

23. A permit shall be issued in the name of the applicant and a permit is not transferable.

1973 No103 s29

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Issuing permits

24. A permit shall not be delivered to the applicant until he or she has, in the presence of some person authorized by the board or in the presence of the official to whom the application is made, signed it in the manner prescribed by the regulations for the purposes of his or her future identification as the holder of it and the signature has been certified by a member of the board or other official authorized to issue the permit, but where special reason is shown to the board for the inability of the applicant to attend in person, his or her written application witnessed by a credible witness may be accepted instead of a personal application.

1973 No103 s30

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Suspension of permit

25. Where the holder of a permit issued under this Act is convicted of a breach of this Act or the regulations, an order of interdiction has been made against him or her and is in effect or where he or she is otherwise disqualified from holding a permit, the board, upon proof to its satisfaction of the fact or existence of the conviction, interdiction or disqualification, and in its discretion, with or without a hearing may, in writing signed by a member of the board, suspend the permit and all rights of the holder under it for the period that the board thinks appropriate or may cancel the permit.

1973 No103 s31

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Permits not to be issued

26. A person authorized to issue permits under this Act shall not knowingly issue a permit to

(a) a person under the age of 19 years; or

(b) another person who is not qualified by this or another Act of the province or an Act of Canada to purchase liquor,

and a permit so issued may be cancelled by the board.

1973 No103 s32

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Licences

27. (1) The board may grant a licence to the owner, operator or manager of

(a) a hotel or motel

(i) to sell beer, wine or spirits to registered guests,

(ii) to operate a lounge in a part of the hotel or motel to be designated in the licence where beer, wine or spirits may be sold to the public;

(b) a lounge not being part of a hotel or motel where beer, wine or spirits may be sold to the public;

(c) a club or military mess to sell beer, wine or spirits to members and their guests;

(d) an airport establishment to sell beer, wine or spirits to a person in a place to be designated in the licence;

(e) a railway or steamship company or airline to sell beer, wine or spirits to passengers only;

(f) a restaurant to sell beer, wine or spirits with meals; and

(g) a tavern to sell beer and wine.

(2) A person to whom a licence is granted under subsection (1) to sell beer may sell the beer only by the glass or by the open bottle.

(3) Alcoholic liquors sold or served under a licence granted under this section may be consumed only on the licensed premises relating to that licence.

(4) A licensee or person employed by him or her who allows a person to remove liquor from the licensed premises to which that licensee's licence relates or sells liquor to a person for that purpose is guilty of an offence.

(5) A person who removes liquor from licensed premises or purchases liquor there for the purpose of removing it from there is guilty of an offence.

1973 No103 s33

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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 1 or more brewers who are licensed under the Liquor Corporation Act, to sell beer by the case to a person who is not disqualified to purchase it under this Act or regulations made under this Act, for consumption off the premises where the 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 shall not sell or deliver beer except under a licence issued under and in accordance with subsection (1) or the Liquor Corporation Act.

(4) 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).

(5) A brewer, an association of brewers, a brewer's agent, a distributor or the agent or employee of any of them shall not sell or deliver beer under a licence issued under subsection (1) except by the case for consumption off the premises where the beer is sold.

(6) A brewer, an association of brewers, a brewer's agent or a distributor who has been granted a licence under subsection (1), or the agent or employee of any of them, shall not expose for sale or store beer except by the case in which the beer was originally purchased.

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

1979 c53 s2

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Conditions affecting licences

29. A licence shall be subject to the conditions imposed by this Act and the regulations.

1973 No103 s35

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Period of licence

30. (1) A licence becomes effective on the date stated in it as the effective date, or where no effective date is so stated, on the date of the issue of the licence.

(2) Unless sooner cancelled or suspended, a licence expires at midnight on March 31 following the date on which it became effective.

1973 No103 s36

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Fees

31. (1) A person to whom a licence is issued shall, before receiving the licence, pay those fees that may be prescribed in the regulations.

(2) The fees referred to in subsection (1) may be varied as between the different types of licences or in another manner prescribed in the regulations.

1973 No103 s37

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Qualifications of licensees

32. A licence may be issued only to

(a) a person of the full age of 19 years who is a Canadian citizen and has lived in Canada for at least 1 year immediately before the date of the application for a licence;

(b) a partnership, each of the members of which is qualified as mentioned in paragraph (a); or

(c) a corporation authorized to carry on its business in the province whose officer, agent or manager in charge of the premises for which the licence is required is personally qualified as mentioned in paragraph (a).

1973 No103 s38

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Qualification for licence

33. (1) A licence shall not be granted to a person unless the applicant qualifies under the regulations in respect of his or her eligibility and conduct, and the management, equipment, accommodation and facilities of the applicant's premises

(a) are so located as not to cause inconvenience to a church, school or hospital;

(b) are provided with suitable lavatories and toilets so located and attended to that they are clean and ventilated;

(c) conform with the laws and regulations of the province relating to health and the regulation of establishments where food is sold;

(d) are constructed and equipped with the storage room, furniture and facilities for the adequate cleansing of the glasses used there as shall be approved by the board and are conducted and maintained to the satisfaction of the board or of an inspector; and

(e) are suitable for carrying on the business of selling alcoholic liquor in a reputable way, and are constructed and equipped so as not to facilitate a breach of this Act, or the regulations and have been approved in writing by an inspector as appropriate to become licensed premises.

(2) A licence shall not be granted to a person unless he or she is an appropriate person to keep and operate the kind of premises in respect of which the licence is sought and he or she has not been convicted within 3 years before his or her application for the licence for an offence under the Criminal Code punishable by imprisonment of 1 year or more.

(3) The board may refuse an application for a licence or refuse to approve the transfer of a licence where

(a) past conduct establishes reasonable grounds for the belief that the applicant will not carry on business in accordance with the law and with integrity and honesty;

(b) the applicant is carrying on activities that are, or will be, where the applicant is licensed, in contravention of this Act or regulations; and

(c) in the case of an application for a licence, the issuing of the licence would not be in the public interest having regard to the needs and wishes of the public in the community in which the premises will be located.

(4) A licence may be suspended or cancelled by the board where there is a failure by the licensee to comply with the conditions set out in subsection (1) or (2).

1973 No103 s39; 1977 c111 s6

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Advertisement

34. An applicant for a licence for an establishment shall, before filing his or her application with the board, give notice of his or her intention to apply for the licence, by advertisement in the form prescribed by the board, once a week for 3 consecutive weeks preceding his or her application in a newspaper circulating in the electoral district in which the premises to which the application relates are situated, and by posting copies of the notice in conspicuous places in the electoral district.

1973 No103 s40; 1977 c111 s7

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Application

35. An applicant shall make an application for a licence in the form prescribed in the regulations and shall file it with the board, and the application shall contain a description of the premises in respect of which the applicant wishes a licence, and the applicant shall provide the other matter and information and description or plan of that part of the premises in which it is proposed to keep, sell and consume liquor under the licence applied for that may be prescribed in the regulations.

1973 No103 s41

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New or repaired premises

36. (1) In case it is proposed to construct new premises or to repair or reconstruct existing premises in respect of which a licence is being sought, the applicant may file an application for the licence before undertaking the work of construction, repair or reconstruction, and where he or she does so, the applicant shall give the information required in the application in relation to the proposed premises as they will be when completely constructed, repaired or reconstructed, and he or she shall file with the board plans and specifications satisfactory to the board, showing the location, lay-out and construction of the proposed premises.

(2) Where it is decided that a licence should be granted in respect of a premises referred to in subsection (1), the licence shall not be issued to the applicant until the work of construction, repair or reconstruction is completed in accordance with the plans and specifications and modifications directed by the board and until the premises are inspected and approved in writing by an inspector.

1973 No103 s42

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Investigations

37. Where an application has been received, the board shall order the investigation to be made by an inspector and by other means that the board may consider necessary for ascertaining whether the applicant has complied with this Act and the regulations and whether a licence should be issued in respect of the premises to which the application relates.

1973 No103 s43

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Personal application

38. A licence shall not be issued by the board unless the applicant appears in person, but an incorporated company may be represented by a director, official or manager certified as such to the satisfaction of the board, and the board may dispense with the appearance of an applicant in a case where it is of the opinion that the appearance is not necessary to enable the board to decide on the application.

1973 No103 s44

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Objections

39. A person may object to an application for a licence and the written grounds of objection shall be filed with the secretary of the board at least 10 days before the meeting of the board at which the application is to be heard.

1973 No103 s45

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Public hearings

40. (1) Where an objection is filed against the granting of an application and the board considers it desirable that a hearing should be held, the board shall hold a hearing at those times and places that the board considers most convenient and shall hear and consider relevant representations made by the applicant and by a person who has filed with the board a written notice of objection to the granting of the application.

(2) A hearing held under this section shall be open to the public.

(3) A member of the board holding a hearing under subsection (1) has the powers conferred on a commissioner by section 3 of the Public Inquiries Act, and for the purposes of this section, the board is considered to be an "investigating body" under the Public Investigations Evidence Act.

1973 No103 s46

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Notice of hearing

41. (1) Where a hearing is to be held under section 40, the board shall,

(a) in the same newspaper in which notice was given of the application to which the hearing relates, give notice of the time and place of the hearing at which the application will be considered, and the notice shall be published in 1 issue of that newspaper, not more than 4 weeks and not less than 2 weeks before the sittings;

(b) give the applicant for a licence to which the hearing relates written notice of the time and place at which the application will be considered by sending the notice by registered mail as long before the day of the hearing as the circumstances reasonably permit; and

(c) give to a person who filed a written objection under section 39 to the granting of the licence to which the hearing relates notice, in the manner that the board considers reasonable in the circumstances, of the time and place at which the application will be considered.

(2) Hearings held under section 40 may be adjourned from place to place in the province.

1973 No103 s47; 1977 c111 s8

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Grant or refusal of licence

42. The board may in its discretion grant or refuse an application for a licence, but where it refuses an application, it shall at the request of the applicant or other interested party, provide to the person so requesting it a written statement of its reasons for the refusal.

1973 No103 s48

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Application of certain sections

43. (1) Sections 35 to 37 and sections 39 to 41 shall, with the necessary changes, apply with respect to an application for the renewal of a licence.

(2) Sections 34 and 38 do not apply with respect to an application for the renewal of a licence unless the board in its discretion otherwise directs.

1973 No103 s49

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Transfers of licences

44. (1) A licence shall not be issued in the name of the applicant and a licence shall not be transferred except with the written consent of the board.

(2) Where the transfer of a licence is approved by the board, the transferor shall surrender his or her licence to the board, and the board shall on payment of the prescribed fee issue a new licence to the transferee for the balance of the unexpired term of the surrendered licence.

(3) The transfer of a licence shall be considered not to be completed until a new licence has been issued under subsection (2) and the prescribed fee has been paid.

(4) The directors of a company which is a licensee shall present to the board for approval a proposed issue or transfer of shares of its capital stock, and where in the opinion of the board a substantial interest is proposed to be issued or transferred, this section and section 45 shall, with the necessary changes, apply to the company as if the company were proposing to transfer its licence.

1973 No103 s50

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Application of sections

45. Sections 34 to 41 shall, with the necessary changes, apply in respect of the transfer of a licence, but the board may dispense with the application of as many provisions of those sections as it considers desirable.

1973 No103 s51

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Suspension of licence

46. (1) Where the board is of the opinion that a licensed premises is not being operated in accordance with this Act or the regulations or the conditions prescribed in or in respect of the licence relating to it, the board may suspend the licence for a period not exceeding 30 days.

(2) An inspector generally or specially authorized by the board to do so may exercise the powers conferred on the board by subsection (1).

(3) Where an inspector suspends a licence under this section, the suspension shall be subject to ratification by the board, within 48 hours from the time that it was imposed, and if the suspension is not so ratified within that period, it shall stop having effect on the expiration of the period.

(4) Sections 49 to 52 do not apply in respect of a suspension made under this section.

1973 No103 s52

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Criminal Code re indecency, etc.

47. Where a licensee or officer, manager or agent of a licensee is convicted of an offence under section 167, 173 or 174 or paragraph 175(1)(b) of the Criminal Code, the board may cancel or suspend the licence of that licensee.

1983 c53 s1

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Licence cancelled

48. (1) The board may cancel a licence where

(a) the licensee persistently fails to comply with this Act, the regulations, the Liquor Corporation Act, and regulations made under that Act, a valid order made under that Act or regulations or a valid condition prescribed in or in respect of his or her licence;

(b) the licensee persistently fails to carry out the appropriate orders of the board or the Fire Commissioner of the province;

(c) the licensee fails to keep the licensed premises in a clean and sanitary condition;

(d) the licensee fails to maintain the licensed premises in accordance with the standards, specifications and conditions prescribed by the board;

(e) the licensee fails to operate the licensed premises in an orderly manner;

(f) any of the circumstances exist that under section 33 or another provision of this Act would prevent the issue of a licence; or

(g) the licensee is bankrupt or a mortgagee enters into possession of the licensed premises.

(2) Notwithstanding subsection (1) or another provision of this Act, the board may issue a temporary licence to a trustee in bankruptcy or a mortgagee in possession for not more than 6 months in order that he or she may dispose of the licensed premises.

1973 No103 s53

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Proceedings for cancellation

49. (1) Where an objection is made to the board against renewal or transfer of a licence or where the board proposes to cancel or suspend or not to renew or transfer a licence, the board shall, by written notice, require the licensee to show cause to the board why the licence should not be cancelled or suspended or should be renewed or transferred, and the notice shall state the time and place when and where the licensee or proposed transferee will be heard by the board.

(2) The notice required by subsection (1) shall be sent by registered mail by the board to the licensee or proposed transferee at his or her last known address at least 7 clear days before the date of the hearing.

(3) A hearing held under this section shall be open to the public.

(4) A member of the board holding a hearing under this section has the power conferred on a commissioner by section 3 of the Public Inquiries Act and for the purposes of this section, the board is considered to be an "investigating body" under the Public Investigations Evidence Act.

(5) Where a licensee fails to appear at a hearing proposed to be held under this section and the question to be decided at the hearing is whether a licence should be cancelled or suspended,

(a) where it has not been established by evidence given before the board that the licensee has received actual notice of the hearing, the board shall adjourn the hearing and serve the licensee with a copy of the notice in the manner prescribed in section 10 of the Summary Proceedings Act for the service of summonses; or

(b) where it has been proved by evidence given before the board that the licensee has received actual notice of the hearing or has been served with a copy of the notice in the manner prescribed in section 10 of the Summary Proceedings Act for the service of summonses, the board may proceed with the hearing and dispose of the matter, in the absence of the licensee.

1973 No103 s54; 1979 c35 Sch A

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Disposition

50. (1) Upon the hearing of a licensee or proposed transferee under section 49 and all evidence offered by the licensee or the transferee or another person, the board may make the order that it considers appropriate and, in particular, may in an order

(a) cancel the licence;

(b) disqualify a person from holding a licence;

(c) disqualify the premises as being eligible as licensed premises; and

(d) impose those conditions upon the licensee or proposed transferee that the circumstances require.

(2) Hearings held under section 49 may be adjourned from place to place in the province.

1973 No103 s55

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Appeal

51. (1) A person who is aggrieved by a decision of the board relating to the suspension or cancellation of or failure to renew a licence may appeal to a judge of the Trial Division.

(2) Where a person proposes to appeal under subsection (1) he or she shall, within 30 days after receiving the decision of the board, serve on the secretary of the board a written notice of his or her intention to appeal to a judge of the Trial Division.

(3) The notice of appeal to be served under subsection (2) shall be signed by the person appealing or by his or her solicitor or agent, and in the notice, the grounds of appeal shall be set out, and the appellant shall file a copy of the notice in the office of the Registrar of the Trial Division.

1973 No103 s56; 1974 No57 Sch C;
1986 c42 Schs A&B

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Appointment of day for hearing

52. (1) The person appealing shall, within 14 days after service of the notice of appeal under subsection 51(2), apply to the judge for appointment of a day for the hearing of the appeal, and shall, not less than 14 days before the hearing, serve upon the secretary of the board a written notice of the day appointed for the hearing.

(2) The judge shall hear the appeal and the evidence brought forward by the appellant and by the board in a summary manner and shall decide the matter of the appeal.

(3) The board shall produce before the judge on the hearing of the appeal all papers and documents in its possession affecting the matter of the appeal.

(4) The costs of the appeal are in the discretion of the judge and he or she may make an order respecting them in favour of or against the board and may fix the amount.

(5) An appeal may be taken from the order or decision of the judge to the Court of Appeal upon a point of law raised upon the hearing of the appeal, and the rules governing appeals to that court from an order or decision of a judge of the Trial Division, apply to appeals under this subsection.

1973 No103 s57; 1974 No57 Sch D; 1986 c42 Sch B

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Posting of licence

53. A licensee shall post his or her licence and as long as it is in force, keep it posted in a prominent position on the premises described in it.

1973 No103 s58

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How to keep liquor

54. (1) All bottled spirits, wine or beer kept by a licensee for sale shall, while in his or her possession, be kept in the bottle in which it was when purchased by the licensee.

(2) A licensee shall not put other alcoholic liquor in a bottle in which a bottled spirit, wine or beer was purchased by him or her nor shall he or she dilute, alter or treat deceptively the contents of a bottle of spirits, wine or beer, while the bottled spirits, wine or beer is in his or her possession.

(3) A licensee or a person employed by him or her shall not sell beer or wine by the glass except from the barrel, keg or other container in which the beer or wine was contained when the beer or wine was delivered to the licensee in accordance with this Act and the regulations.

1973 No103 s59; 1977 c111 s9; 1978 c58 s4

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Unlicensed liquor not to be consumed

55. (1) A person shall not consume upon licensed premises a liquor of a kind which is not permitted to be sold under the licence issued in respect of that licensed premises.

(2) A licensee or a person employed by him or her shall not permit a person to consume upon the licensed premises to which the licence of the licensee relates a liquor of a kind which is not permitted to be sold under the licence.

1973 No103 s60

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Restrictions on licensees

56. (1) The holder of a licence granted in respect of a lounge, hotel, motel, restaurant, club, military mess, railway or tavern shall not

(a) sell on the licensed premises to which his or her licence relates a liquor outside of the hours prescribed by this Act or the regulations for the sale of liquor on the licensed premises;

(b) allow to be consumed on the licensed premises to which his or her licence relates a liquor outside of the hours prescribed by the regulations for the consumption of liquor on the licensed premises; or

(c) sell or allow to be consumed on the licensed premises to which the licence relates an alcoholic liquor on Christmas Day, or Good Friday, except as prescribed in the regulations or on a day on which the premises are required to be closed, by the regulations, or, in the case of a club, by an order made under subsection (3).

(2) The board may grant to a licensee referred to in subsection (1) an extension of hours for the sale of liquor at a banquet or for another occasion or event that the board considers warrants the extension.

(3) The board may by order prescribe that any premises licensed to sell alcoholic liquor under this Act shall not remain open for the sale of liquor at those times that are set out in the order.

1973 No103 s61; 1977 c111 s10

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Offence

57. A holder of a licence or permit who fails to comply with or otherwise contravenes a term or condition attached to or prescribed in his or her licence or permit is guilty of an offence.

1973 No103 s62

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Minors

58. A licensee shall not allow a person who has not reached the age of 19 years to enter or work in a licensed premises except as permitted by the regulations.

1973 No103 s63; 1977 c111 s11

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Identification card

59. (1) The board may issue an identification card to a person who is of or above the age of 19 years and is not disqualified to purchase liquor.

(2) The board may issue a duplicate identification card to replace an original that has been lost, damaged or destroyed or for another purpose authorized by the regulations.

(3) A person who applies for an identification card shall provide to the board proof of identification and of age and other information that may be required by the regulations and shall pay the fee prescribed in the regulations.

(4) An identification card is the only proof of age that may be accepted by a licensee.

(5) A person who has been issued an identification card shall produce it upon the demand of an officer.

1973 No103 s64; 1977 c111 s12

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Issue of permits, licences and identification cards

60. (1) A person authorized to issue permits, licences or identification cards under this Act and the regulations shall not knowingly issue a permit, licence or identification card to a person who is

(a) disqualified to apply for it by this Act or the regulations; or

(b) provides false particulars in his or her application.

(2) No person shall have in his or her possession a permit, licence or identification card not his or her own without the authority or consent of the lawful owner of it.

1973 No103 s65

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Regulations

61. (1) The board, with the approval of the Lieutenant-Governor in Council, may by regulation,

(a) prescribe the days on which licensed premises are to be closed;

(b) prescribe the days and hours during which alcoholic liquor may be sold and consumed on licensed premises, and different days and hours may be prescribed in respect of different kinds of liquor, different licensed premises or different kinds of them, or different areas of the province, or in respect of any of those matters;

(c) prescribe the procedure for making an application for a licence, forms to be used for the purpose of this Act or the regulations and the terms and conditions to be attached to or to apply in respect of permits and licences issued and granted under this Act or the regulations;

(d) prescribe the nature of the proof to be provided, and the conditions to be observed in the issuing of duplicate permits and licences instead of those lost or destroyed;

(e) prescribe the days and hours during which a licensee who holds a licence issued under section 28 may sell or deliver beer, prescribe the days and hours in respect of the whole or part of the year, or a specified time or occasion and prescribe different days and hours for different areas in the province;

(f) classify licences granted under section 28 and prescribe the persons to whom the holder of a classified licence may sell or deliver beer;

(g) designate and authorize officers of the board to issue, in accordance with this Act and the regulations, identification cards;

(h) prescribe the proof of identification and of age and other information to be provided to the board by an applicant for an identification card, and prescribe the fees payable by applicants;

(i) prescribe the kind and quantity of food served at a meal that may be provided by a licensed premises and to a consumer exclusive of the cost of liquor;

(j) prescribe with respect to liquor to be sold by the glass in a licensed premises

(i) the type or kind of container that shall be used in the delivery of the alcoholic liquor to the appropriate licensee,

(ii) the type or kind of container from which liquor is to be dispensed in glasses,

(iii) the type or kind of glass that shall be used to contain liquor,

(iv) the capacity of and the markings that shall appear on the glass in which liquor is to be sold, or

(v) the quality and quantity of liquor to be sold in a glass,

or make provision with respect to all or any of the matters referred to in subparagraphs (i) to (v) of this paragraph;

(k) prescribe, where beer is sold by the glass, the quantity of beer to be contained in each glass when so sold;

(l) prescribe the form of records of purchases of liquor by the holders of permits and licences and the reports to be made to the board;

(m) provide for inspection of records of purchases of liquor by the holders of permits and licences;

(n) prescribe the manner of giving and serving notice required by this Act or the regulations;

(o) prescribe the fees payable in respect of permits and licences and renewals, transfers of licences and extensions of the terms of licences expressly permitted by this Act for which no fees are prescribed in this Act, and prescribe the fees for anything done or permitted to be done under the regulations and provide that the fees shall be paid at a time prescribed in the regulations before the issuing of the permits, licences, renewals, transfers and extensions to which the fees relate;

(p) prescribe the qualifications and requirements for the holder of a licence, the standards, conditions and specifications for licensed premises, the number of licensed premises in a locality, and provide for the inspection of the licensed premises;

(q) specify and describe the place and the manner in which alcoholic liquor may be lawfully kept or stored;

(r) regulate the conduct, management, equipment, maintenance, facilities and accommodation of premises licensed under this Act;

(s) provide that designated classes of licenses may be permitted to operate on different designated premises at different times but not on more than 1 premises at a time and prescribe the terms and conditions under which the permission may be given;

(t) provide for the licensing of waiters and other persons employed on licensed premises;

(u) regulate the possession and sale, or restriction and prohibition of sale of extracts, essences, tinctures or any of the preparations mentioned in section 21;

(v) regulate the licensing, conduct, management and equipment of warehouses where alcoholic liquor is kept for sale or distribution within the province or for the purpose of being matured; and

(w) prescribe a class of licences for the sale of liquor to the public differing from the classes of licences prescribed in sections 27 and 28, either instead of the classes of licences prescribed in those sections or additional to those classes of licences.

(2) Where it is provided in this Act that an act, matter or thing may be done, if permitted or authorized by the regulations, or may be done in accordance with the regulations, or as provided by the regulations or as may be prescribed in the regulations, then, subject to the approval of the Lieutenant-Governor in Council, the board has the power to make regulations respecting the act, matter or thing.

1973 No103 s67; 1979 c53 s3

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Actions of board are final

62. Except where it is otherwise expressly provided in this Act, an action, order or decision of the board as to a matter in respect of which a power, authority or discretion is conferred on the board under this Act is final and shall not be questioned, reviewed or restrained by injunction, prohibition, mandamus or other process or proceeding in a court or be removed by certiorari or otherwise into a court.

1973 No103 s68

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Revenues of board

63. The board shall, at the times that the minister may direct, pay into the Consolidated Revenue Fund all revenues received by it from fees for permits and licences and from other sources.

1973 No103 s69

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Expenses of board

64. The minister may pay out of the Consolidated Revenue Fund to the board at the times during the year that he or she may consider desirable sufficient money to provide the salaries payable to the members of the board and its officers and employees and to defray all other lawful expenses of the board.

1973 No103 s70

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Use and disposition of liquor obtained under permit

65. (1) A druggist, physician, dentist, veterinarian or a person in charge of an institution regularly conducted as a hospital or sanatorium for the care of persons in ill health or of a home used exclusively for the care of aged people may use or administer alcoholic liquor in accordance with the terms and conditions prescribed in or in respect of a permit issued under and in accordance with this Act and may charge for the alcoholic liquor so administered or used.

(2) Nothing in this Act shall prevent

(a) a druggist or physician from using alcoholic liquor solely for compounding medicines or as a solvent or preservative, or a public health nurse authorized by a physician from having or selling the medicine or other preparations in which alcoholic liquor is used;

(b) a physician or dentist from prescribing, for the use of a patient, the medicines or other preparations referred to in paragraph (a);

(c) a person from purchasing those medicines or other preparations on the prescription of a physician or dentist; or

(d) other persons who purchase alcoholic liquor under a permit from possessing, using or disposing of the alcoholic liquor for the purpose for which the permit was issued in accordance with this Act and the regulations.

1973 No103 s71

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Brewers licensed by federal statute

66. (1) Nothing in this Act shall prevent a brewer, distiller or other person licensed under a statute of the Parliament of Canada to manufacture alcoholic liquor from having or keeping liquor in a place and in the manner authorized under that statute.

(2) Nothing in this Act shall prevent

(a) the sale of alcoholic liquor by a person to the liquor corporation; or

(b) the purchase, importation and sale of alcoholic liquor by the liquor corporation for the purposes of and in accordance with the Liquor Corporation Act.

1973 No103 s72

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Act does not apply to essences

67. (1) Nothing in this Act shall prevent the manufacture, sale, purchase or consumption by reason only of the fact that they contain alcohol

(a) of an extract, essence or tincture or other preparation containing alcohol which is prepared according to a formula of the British Pharmacopoeia or the United States Pharmacopoeia or according to a formula approved of by the liquor corporation; or

(b) of a proprietary or patent medicine prepared according to a formula approved by the liquor corporation and in respect of which a licence has been granted to sell it under a statute of Canada.

(2) Where in a prosecution for selling the products mentioned in this section, the Provincial Court judge hearing the complaint is of opinion that an unreasonable quantity of the product, having regard to the purpose for which the product was legitimately manufactured, was sold or otherwise disposed of to a person either at 1 time or at intervals and proof is also given that the product was used for beverage purposes, the person selling or otherwise disposing of it may be convicted of an offence under subsection 70(1), and a person so convicted who, during the 2 years occurring immediately afterward, has in his or her possession or under his or her control any of the products is liable to the penalty set out in section 82.

(3) A person who obtains or consumes for beverage purposes the products mentioned in this section or a preparation containing alcohol which has been denatured in accordance with the law of Canada may be convicted of an offence under section 74.

1973 No103 s73; 1979 c38 s7

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Limitation on amount of liquor to be brought into province

68. A person may have or consume, in the manner provided by this Act with respect to liquor lawfully obtained from a liquor store, liquor that he or she has on any 1 occasion brought into the province from a place outside the province and that

(a) is brought into the province from a place outside of Canada and is of a kind that and not greater in quantity than is permitted under an Act of the Parliament of Canada, to be imported into Canada without the payment of duty or tax; or

(b) he or she has legally purchased or acquired in a part of Canada other than the province not exceeding those amounts that may be prescribed by the liquor corporation.

1973 No103 s74; 1978 c58 s5

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Export liquor warehouses

69. Nothing in this Act shall prevent a person from having alcoholic liquor for export sale or for distribution or for the purpose of being matured in his or her liquor warehouse, provided the liquor warehouse and the business carried on is in accordance with those provisions that may be prescribed in the regulations, or from selling alcoholic liquor from the liquor warehouse to persons in other provinces or in foreign countries or to the liquor corporation, but a warehouse shall not be considered to be a liquor warehouse within the meaning of this section where the person having liquor there has failed to comply with the regulations.

1973 No103 s75

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Sale

70. (1) Except as provided by this Act or the regulations, the Liquor Corporation Act or another Act or other regulations or authority, a person shall not, within the province, directly or indirectly, upon a pretence or upon a device, keep or expose for sale, offer to sell, sell or barter alcoholic liquor to a person, or, in consideration of the purchase or transfer of property or for other consideration or at the time of the transfer of property, give alcoholic liquor to a person.

(2) A person in the province shall not directly or indirectly keep alcoholic liquor, unless it is obtained by him or her in accordance with this Act and the regulations.

1973 No103 s76

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Sale to be in accordance with regulations

71. A licensee or another person authorized to sell alcoholic liquor in accordance with this Act or the regulations or the Liquor Corporation Act or regulations made under that Act, or a clerk, employee or agent of the licensee or person shall not directly or indirectly sell, keep or provide liquor in another place or at another time or otherwise than as authorized by that Act or regulations and a relevant licence, permit or other authority issued under that Act.

1973 No103 s77

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Offences by minors

72. A person under the age of 19 years shall not

(a) enter a liquor store;

(b) buy alcoholic liquor for himself or herself or another;

(c) apply for or obtain a permit or licence; or

(d) enter, be, remain or work in premises in respect of which a licence has been granted, except where and in the circumstances under which the licensee is permitted or authorized by this Act or as prescribed in the regulations to allow him or her to enter, be, remain in or work in the premises.

1973 No103 s78

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Purchase

73. Except as provided in this Act and the regulations and the Liquor Corporation Act and regulations made under that Act, a person shall not, within the province, directly or indirectly, attempt to purchase, or upon a pretence or upon a device, purchase alcoholic liquor from a person, or, in consideration of the sale or transfer of property or for other consideration or at the time of the transfer of property, take or accept alcoholic liquor from a person.

1973 No103 s79

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Adulteration

74. (1) A person shall not have, keep or sell liquor to which has been added a deleterious or noxious substance.

(2) A person who contravenes subsection (1) is liable for a 1st offence to a penalty of not less than $200 and not more than $500 or in default of payment to imprisonment for not less than 1 month and not more than 6 months, for the 2nd offence to imprisonment for not more than 12 months without the option of a fine.

1973 No103 s80

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Sale prohibited

75. (1) A person shall not sell, give or otherwise supply liquor to

(a) a person who is disqualified to purchase alcoholic liquor under this Act or the regulations;

(b) an interdicted person;

(c) a person who has been convicted of keeping a disorderly house;

(d) an officer on duty except by authority of his or her superior officer;

(e) an inmate other than an employee of a hospital, infirmary, prison or place of detention;

(f) a person who has been convicted of selling liquor in his or her possession or of obstructing a search by a constable or authorized person, for a period of 12 months after conviction; or

(g) a person to whom the sale of intoxicants is prohibited under a statute of the Parliament of Canada.

(2) The delivery of alcoholic liquor to any of the persons mentioned in the preceding subsection, whether gratuitously or for reward, constitutes a sale.

(3) A sale made to any of the preceding persons or to persons in respect of whom a notice has been given under this Act by a person permitted by the board to make sales shall not constitute an offence, unless the person making the sale has knowledge that the person to whom the sale is made is one to whom a sale is prohibited.

1973 No103 s81; 1977 c111 s13

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Supplying liquor to minors

76. (1) A person shall not sell or give liquor to a person who has not reached the age of 19 years.

(2) A licensee shall require an identification card from a person whom he or she has reasonable grounds to suspect has not reached the age of 19 years before permitting that person to enter or remain upon a licensed premises.

1977 c111 s14

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Consumption of liquor in a public place

77. (1) A person shall not consume liquor in a public place, except under and in accordance with a valid licence or permit issued under this Act and the regulations.

(2) A person shall not be in an intoxicated condition in a public place.

(3) A person shall not give or sell alcoholic liquor to a person apparently under the influence of liquor.

1973 No103 s82

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Possession of still prohibited

78. A person shall not possess a still or part of a still or other contrivance commonly used for the manufacture of alcoholic liquor, except when expressly authorized to do so, and the possession of a still or part of a still or other contrivance shall be, in the absence of evidence to the contrary, proof of a violation of this section.

1973 No103 s83

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Peddling

79. A person shall not peddle alcoholic liquor.

1973 No103 s84

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Alcoholic liquor in motor vehicle

80. A person shall not drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act, whether it is in motion or not, while there is contained in it, alcoholic liquor, except

(a) alcoholic liquor in a bottle or package that is unopened and the seal unbroken; or

(b) alcoholic liquor in a bottle or package that is packed with personal effects in baggage that is fastened closed or that is not otherwise readily available to a person in the vehicle.

1983 c53 s2

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Order of interdiction

81. (1) Where a Provincial Court judge is satisfied that a person, resident or sojourning in the province, by excessive drinking of alcoholic liquor, misspends, wastes or lessens his or her estate, injures his or her health, endangers or interrupts the peace and happiness of his or her family or endangers the welfare, life or health of a person to whom the person owes a duty, the Provincial Court judge may make an order of interdiction prohibiting the sale of alcoholic liquor to him or her until further order, and the Provincial Court judge shall file a copy of the order immediately with the board and the liquor corporation.

(2) Where a person has been convicted of a 3rd or subsequent offence against this Act within a period of 2 years, the Provincial Court judge so convicting may make an order of interdiction directing that he or she is to receive no alcoholic liquor from the liquor corporation or a licensee or a person licensed under the Liquor Corporation Act until further order, and the Provincial Court judge shall file a copy of the order immediately with the liquor corporation and the board.

1973 No103 s85; 1979 c38 s7

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Possession by persons an offence

82. (1) An interdicted person keeping or having in his or her possession or under his or her control alcoholic liquor is guilty of an offence under this Act and on conviction is liable to a fine of not less than $50 and not more than $500 and in default of payment to imprisonment for not less than 1 month and not more than 6 months, and the Provincial Court judge making the conviction may in and by the conviction declare the alcoholic liquor and all packages in which it is contained to be forfeited to the Crown.

(2) On the making of an order of interdiction, the interdicted person may immediately deliver to the liquor corporation all alcoholic liquor then in his or her possession or under his or her control to be kept for the person by the liquor corporation until the order of interdiction is revoked or set aside, or to be purchased by the liquor corporation at a price to be fixed by it.

(3) An order of interdiction shall, unless sooner revoked, stop having effect upon the expiration of the period of 5 years from the day of the making of the order.

1973 No103 s86; 1979 c38 s7

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Interdiction of premises

83. (1) Where there is committed on premises by a person to whom this section applies an offence under this Act in the nature of

(a) unlawfully selling alcoholic liquor;

(b) unlawfully being in possession of alcoholic liquor;

(c) permitting drunkenness and disorderly conduct;

(d) concealing alcoholic liquor;

(e) failing to declare and produce for inspection alcoholic liquor upon lawful request;

(f) obstructing a lawful search;

(g) distilling liquor or being in possession of a still; or

(h) an offence under this Act in or in relation to a disorderly house,

and the offender is convicted of the offence, the Provincial Court judge making the conviction may upon the application of an officer declare the premises to be interdicted premises for a stated period.

(2) This section applies to the occupier of the premises, the spouse of the occupier, a member, including adopted member, of the family of the occupier, a person in the employment of the occupier, an inmate and a person considered by the Provincial Court judge to be associated with the occupier for the purpose of unlawful dealing with alcoholic liquor.

(3) From the declaration of interdiction and during the period of interdiction,

(a) an alcoholic liquor found in the interdicted premises shall be considered to be unlawfully possessed by the occupier and the occupier shall be considered to have committed an offence against this Act, and the alcoholic liquor shall be subject to confiscation;

(b) an offence under this Act committed by a person on the interdicted premises shall be subject to the maximum penalty for the offence, unless the offender proves to the satisfaction of the court or Provincial Court judge that he or she was not aware that the premises were interdicted premises.

(4) The period of interdiction shall not be less than 6 months nor more than 2 years.

(5) A purchaser or new occupier of the premises may apply to the Provincial Court judge during the period of interdiction for a removal of the interdiction and may have the interdiction removed on proof to the satisfaction of the Provincial Court judge that he or she is entirely unconnected in interest with the interdicted occupier and upon the application the police shall be heard by the Provincial Court judge.

(6) "Premises" for the purpose of this section means the whole building or part of a building of which the occupier has possession and control, including rooms, space or accommodation let to lodgers or subtenants.

1973 No103 s87; 1979 c38 s7; 1985 c11 s15

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Placarding of interdicted premises

84. Where premises are interdicted, an officer may affix to the outside of the premises facing the street or road, or on the inside of a clear glass window or glass door facing on the street or road, a label or placard stating the fact and the period of interdiction, and the occupier of the premises is responsible for maintaining the placard or label in its position and undefaced throughout the whole period of interdiction and shall, every time the label or placard is removed or defaced, be considered to be guilty of an offence against this Act without proof of his or her complicity in the removal or defacement.

1973 No103 s88

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Transfer of interdiction

85. Where the occupier of an interdicted premises during the period of interdiction removes to other premises, the Provincial Court judge shall, on the application of an officer, transfer the interdiction to the other premises for the remainder of the term of interdiction and the placard or label previously referred to may be affixed to the other premises and removed from his or her former premises.

1973 No103 s89; 1979 c38 s7

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Persons found on premises where offences committed

86. Where the occupier of premises has been convicted of an offence which is 1 of the classes of offences referred to in section 83 and the premises have been placarded or labelled in accordance with section 84 and the premises are visited by an officer and a further conviction of the occupier as a result of the visit is obtained, a person who is found on the premises when so visited is guilty of a breach of this Act, unless the person satisfies the Provincial Court judge that he or she was a resident, employee or lodger in the premises or that his or her presence there was not for the purpose of committing an offence under this Act.

1973 No103 s90; 1979 c38 s7

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Certificate of appointment

87. A certificate of appointment signed by the chairperson or 2 members of the board is, in the absence of evidence to the contrary, proof of the appointment of an inspector.

1973 No103 s91

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Search and seizure on suspicion

88. (1) Wherever an alcoholic liquor is transported in the province in receptacles, whether or not they are labelled or marked as containing alcoholic liquor, where the alcoholic liquor is in sufficient quantity to give rise to suspicion that it is being transported for the purpose of unlawfully selling it, or, where the liquor is transported under circumstances justifying the presumption that it is being transported to be sold unlawfully, an officer, without a warrant being required, may open the receptacle wherever it may be with all necessary help and even by force in case of resistance and may examine the contents.

(2) Where the receptacle contains alcoholic liquor, the officer shall, without a warrant being required, seize the liquor as well as the receptacle containing it and shall keep them in his or her custody until the court has disposed of them by a judgment or order, and, where upon a judgment or order being made the liquor is confiscated, the officer shall hand them over to the liquor corporation.

1973 No103 s92

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Power of entry

89. An officer may at reasonable times enter upon a ship, boat, vehicle, place, lot or building so long as it is reasonably necessary to determine compliance with this Act and the regulations.

1985 No11 s50

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Officer may require declaration and production

90. (1) The officer may, before, during or after a search referred to in section 89 or a search of the residence of a person under a search warrant, require the occupier or person in charge or control of a ship, boat, vehicle, place, lot, building or residence to declare to him or her and produce for inspection all liquor in the ship, boat, vehicle, place, lot, building or residence.

(2) Where, after declaration and inspection, further liquor is found which has not been declared and produced, the occupier or person in charge or control shall be presumed to have been wilfully concealing it and shall be subject, upon summary conviction, in addition to another penalty to which he or she may be liable, to 7 days' imprisonment without the option of a fine, unless he or she proves to the satisfaction of the Provincial Court judge that the failure to declare and produce was inadvertent or trivial and not with intent to defeat search.

1973 No103 s94; 1979 c38 s7

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Powers of entry, search and seizure

91. (1) Where an officer believes on reasonable grounds that liquor is kept or sold or transported in contravention of this Act, the officer may, with a warrant issued under subsection (2) enter upon a ship, boat, vehicle, place, lot or building and search anywhere where the officer thinks the liquor is and may at reasonable times enter and seize every receptacle containing it and shall keep them in the custody of the officer until the court has disposed of them by judgment or order and if upon a judgment or order being given or made the liquor is confiscated, the officer shall hand them over to the liquor corporation.

(2) A Provincial Court judge or justice of the peace who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on a ship, boat, vehicle, place, lot or building anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant authorizing an officer to enter and search that ship, boat, vehicle, place, lot or building and to seize a receptacle containing liquor as is considered necessary, subject to the conditions that may be specified in the warrant.

(3) The owner or person in charge of the ship, boat, vehicle, lot or building referred to in this section and a person found there shall give an officer reasonable help to enable the officer to carry out his or her duties and functions under this section and shall provide the information that the officer may reasonably require.

(4) Notwithstanding subsection (1), an inspector may exercise the power of search referred to in that subsection without a warrant issued under subsection (2) where the conditions for obtaining the warrant exist but by reason of urgent circumstances it would not be practical to obtain the warrant.

(5) For the purposes of subsection (4), urgent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

1985 c11 s50

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Detention and confiscation

92. Where liquor is seized in a vehicle and the vehicle is of a nature that it could be confiscated by the court, if the liquor was being transported in contravention of this Act, the officer effecting the seizure may detain the vehicle and use it without charge for transporting the liquor so seized as well as the receptacle containing it to a place of safe custody and there keep the vehicle until the court by its judgment has disposed of it after which, if the vehicle is confiscated, he or she shall hand it over to the liquor corporation.

1973 No103 s98

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Declaration of confiscation

93. Alcoholic liquor and containers of the liquor or vehicles transporting it seized under this Act may be declared confiscated by the court upon proof of an offence against this Act in relation to the liquor, but the court may, in its discretion, release the vehicle on bonds pending its decision.

1973 No103 s99

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Judge may order confiscation

94. (1) Where a person is convicted of an offence under this Act, the court or Provincial Court judge may at the same or a later time order the confiscation of liquor and its containers or vehicles transporting it connected with the offence and seized under this Act, and where the court or Provincial Court judge is of opinion that an accused is not guilty of an offence but that liquor and its containers or vehicles transporting it seized in connection with the offence charged were kept, transported or used in violation of this Act, he or she may order their confiscation.

(2) Where liquor has been seized under authority conferred by this Act and the court or Provincial Court judge, after hearing all available evidence relating to the liquor, finds that the claim of a person to be the owner of the liquor is established and that it does not appear that it was intended to sell or keep the liquor for sale in contravention of this Act or that it was not unlawfully purchased or was not unlawfully kept or had, or kept or had for an unlawful purpose, he or she shall order that the liquor be restored to the owner.

1973 No103 s100; 1979 c38 s7

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Samples, confiscations

95. All samples lawfully taken and all confiscations, seizures and forfeitures may be disposed of as the liquor corporation may direct and the proceeds of the disposal shall form part of the revenue of the liquor corporation.

1973 No103 s101

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Powers of officers

96. It shall be lawful for an officer

(a) to enter a place where liquor is thought to be manufactured, kept for sale or sold or kept contrary to this Act and take from there a sample of liquor not exceeding in quantity 1 bottle for the purpose of analysis;

(b) to enter a liquor store or liquor agency to see that this Act is complied with;

(c) to go on board a ship or boat in the province or enter a part of it, where liquor is thought to be manufactured or sold or kept for sale or importation contrary to this Act; and

(d) to seize or remove liquor manufactured, sold or kept for sale or imported or kept in violation of this Act.

1973 No103 s102

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Officers to report seizures

97. An officer seizing or removing liquor shall immediately report the seizure or removal to his or her superior officer stating in the report the alleged or supposed offenders against this Act.

1973 No103 s103

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Arrest on view

98. An officer may arrest on view without warrant for a breach of this Act or the regulations.

1973 No103 s104

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Obstruction of officers

99. A person shall not interrupt, obstruct or assault an officer in the discharge of his or her duties, or refuse or fail to admit an officer to enter a place, or, having admitted the officer, refuse or fail to allow him or her to take an account of liquor found or to provide the help that he or she may require.

1973 No103 s105

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Certificate of probable cause

100. Where in the course of prosecution under this Act it appears that an officer has acted in good faith under the powers conferred by this Act, the Provincial Court judge shall, where requested to do so by the officer or on his or her behalf, give a certificate that there was probable cause for the action of the officer and that it was not malicious.

1973 No103 s106; 1979 c38 s7

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Protection of officers

101. Where a tribunal before which a proceeding against an officer has taken place for anything done by him or her under this Act has certified that there was a probable cause for the action of the officer and that it was not malicious, a verdict or judgment shall not be given against the officer for more than $0.05 damages or for costs of suit.

1973 No103 s107

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Hindering searches

102. Whoever interferes with or hinders a person authorized under this Act or by search warrant to investigate an infringement of this Act or to make a search or examination or seizure in the performance of his or her duties to that end is guilty of an offence against this Act and on conviction is liable to a fine of not less than $100 and not more than $500 or in default of payment to imprisonment for not less than 1 month and not more than 6 months.

1973 No103 s108

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Protection of employees

103. A person employed by the board for the enforcement of this Act, or an officer when acting in his or her official capacity, or a person acting under the instructions given in his or her official capacity by the employee or officer shall not incur the penalties provided by this Act for the punishment of those who obtain alcoholic liquor.

1973 No103 s109

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Search warrants

104. The provisions of the Criminal Code adopted by section 7 of the Summary Proceedings Act relating to the issue of search warrants may be invoked for the purposes of a search made under this Act in respect of which a search warrant is required or is desirable.

1973 No103 s110; 1979 c35 Sch A

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Prosecutions

105. All penalties and forfeitures under this Act may be sued for, imposed and recovered in a summary manner before a Provincial Court judge.

1973 No103 s111; 1979 c38 s7

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No prosecutions after 6 months

106. Prosecutions for offences under this Act may be started in the name of the board or in the name of an officer, but a prosecution shall not be started after the expiration of 6 months from the commission of the offence.

1973 No103 s112

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Prosecutions under Summary Proceedings Act

107. All prosecutions shall be tried under the Summary Proceedings Act or an Act substituted for it, and the convicting Provincial Court judge has the powers given in that Act of adjudicating in case of default, of compelling the attendance of witnesses, and of distress and sale of goods and chattels of persons convicted.

1973 No103 s113; 1979 c38 s7

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Deposit from persons taking action

108. A person may call upon the board to take action, and the board may, in its discretion, either before or during the proceeding, exact from the person the deposit of a sum of money sufficient to cover the costs in case the proceeding is dismissed, and may refuse to take or to continue the proceeding where the person fails to deposit the sum.

1973 No103 s114

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Evidence of sale

109. In proving a sale for the purpose of a proceeding under this Act, it is not necessary to show that money actually passed, where the Provincial Court judge hearing the case is satisfied that a transaction in the nature of a sale took place.

1973 No103 s115; 1979 c38 s7

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Delivery a sale

110. A delivery of alcoholic liquor made otherwise than purely gratuitously shall be considered a sale.

1973 No103 s116

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Burden of proof

111. In a proceeding under this Act, the burden of proving that a delivery was made purely gratuitously shall be upon the defendant.

1973 No103 s117

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Places of concealment

112. Where it is proved that upon search under this Act or under a search warrant an alcoholic liquor has been found on premises in a place which in the opinion of the court or Provincial Court judge is constructed or designed for purposes of concealment, that proof is, in the absence of evidence to the contrary, evidence of keeping with intent to sell on the part of the occupier of the premises.

1973 No103 s118; 1979 c38 s7

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Form of summons

113. (1) In a proceeding under this Act, it is not necessary to specify the particular sort of liquor sold, or to whom, or the time when sold, but it is sufficient in the summons to charge the party accused with a breach of some section of this Act, and a judgment shall not be withheld on account of variance between proof and summons where it appears to the satisfaction of the Provincial Court judge that the defendant was aware of the real cause of complaint.

(2) The Provincial Court judge may grant time to make a full defence on the merits.

(3) A conviction shall not be set aside for a variance or for a formal objection.

1973 No103 s119; 1979 c38 s7

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Sale of liquor on premises

114. A sale of alcoholic liquor made on the premises of a person by the spouse, child or employee of the person shall be considered presumptively as the act of the other spouse, the parent or employer, and the spouse, the parent or employer is liable for an offence against this Act as though he or she had personally made the sale, and the spouse, child or employee is also liable.

1985 c11 s15

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Government analyst

115. (1) For the purpose of a prosecution under this Act, the certificate of

(a) the government analyst;

(b) the assistant government analyst; or

(c) an analyst appointed or designated under subsection (2)

that a liquid or substance contains 1% or upwards of alcohol by volume is, in the absence of evidence to the contrary, proof that the liquid or substance is alcoholic liquor.

(2) The Lieutenant-Governor in council may, by order, appoint or designate qualified persons, whether they live within or outside the province, as analysts for the purposes of this Act.

(3) An order made under subsection (2) shall be published in the Gazette and has effect from the date of publication or from a later date that may be prescribed in the order.

(4) The Provincial Court judge trying a case may, in the absence of evidence to the contrary, infer that a liquid is alcoholic liquor from the fact that a witness describes it as alcoholic liquor, or as rum, whiskey, gin, wine, ale, beer or by another name which is commonly applied to alcoholic liquor.

1973 No103 s121; 1979 c38 s7

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Appeals

116. A complainant, including the board, or defendant who feels aggrieved by a conviction, decision, order or sentence of a Provincial Court judge may appeal to the Trial Division and

(a) the board or an officer shall, within 10 days, give written notice to the Provincial Court judge and to the defendant of his or her intention to so appeal; or

(b) an appellant other than the board or an officer shall, within 10 days, give written notice to the Provincial Court judge and to the board of his or her intention to so appeal,

by personal service or by posting the notice by registered mail, and an appellant referred to in paragraph (b) shall within the 10 days referred to give sufficient sureties to the Provincial Court judge to prosecute the appeal at the next sitting of the Trial Division or at the time that the Trial Division may order and to abide by the order or decision of the Trial Division and to pay a penalty and costs or perform another act or comply with the conditions that may be ordered or imposed by the court.

1986 c42 Sch B

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Procedure on appeals

117. Where an appeal has been perfected,

(a) the order shall be stayed until the event of the appeal is certified to the Provincial Court judge by the Registrar of the Supreme Court;

(b) the Provincial Court judge shall immediately send a full and accurate record to the Registrar of the Supreme Court consisting of

(i) the depositions,

(ii) the warrant or summons,

(iii) the conviction, order, decision or sentence,

(iv) a copy of all the evidence taken in the case, and

(v) a statement of the nature of evidence rejected as inadmissible and the grounds of objection; and

(c) on the filing of the record, the Trial Division, upon application of either party, shall proceed to hear and determine the appeal, and the court may affirm, amend, reform, correct, reverse, vary or dismiss the conviction, order, decision or sentence as may appear just, and to that end may receive further evidence, where considered necessary.

1986 c42 Sch B

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Conviction not void for want of form

118. A conviction or order shall not be quashed for want of form, and a warrant or commitment shall not be held void because of a defect, where there is a valid conviction to maintain the warrant and it is alleged in the warrant that the party has been convicted.

1973 No103 s124

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Disposition of fines

119. A Provincial Court judge who collects a fine or costs shall pay it over through the Department of Justice to the board at the end of the month in which the collection was made where no appeal is taken from the judgment entered, and in case of appeal, at the end of the month within which final judgment is given.

1973 No103 s125; 1979 c38 s7

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Fines to be revenue of board

120. A fine recovered under this Act shall be part of the revenue of the board.

1973 No103 s126

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Conviction under previous Act

121. In a question relating to the number of convictions or previous convictions, convictions under the Alcoholic Liquors Act or regulations made under that Act shall be taken into account.

1973 No103 s127

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Violation of Act an offence

122. A person who violates this Act or the regulations is guilty of an offence whether so declared or not, and a violation relating to a separate transaction constitutes a separate offence.

1973 No103 s128

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When charged as 1st offence

123. A violation of this Act or the regulations by a person shall be charged as a 1st offence notwithstanding that the person has been previously convicted of an offence against this Act or the regulations, where the previous conviction occurred more than 2 years before the date of the violation.

1973 No103 s129

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Specific penalties

124. A person who is convicted of a breach of the sections of this Act referred to in paragraphs (a) and (b) is liable

(a) for a breach of subsection 27(3), subsection 70(1), subsection 75(1), or for a breach of section 26, section 71, section 78 or section 79, where the offence is considered by the Provincial Court judge to have been committed for profit or reward, for the 1st offence to a penalty of not less than $100 and not more than $1,000, and in default of payment to imprisonment for not less than 1 month and not more than 3 months, for the 2nd offence within 2 years, to imprisonment for not less than 1 month and not more than 3 months without the option of a fine, and where the offence is considered not to have been committed for profit or reward, for the 1st offence to a penalty of not less than $20 and not more than $200 and in default of payment to imprisonment for not less than 7 days and not more than 30 days, for the 2nd offence within 2 years, to a penalty of not less than $50 and not more than $500 or in default of payment to imprisonment for not less than 1 month and not more than 3 months; and

(b) for a breach of subsection 70(2), or for a breach of section 73, for the 1st offence to a penalty of not less than $50 and not more than $200 and in default of payment to imprisonment for not less than 14 days and not more than 30 days, for the 2nd offence to a penalty of not less than $100 and not more than $1,000 or in default of payment to imprisonment for not less than 1 month and not more than 3 months.

1973 No103 s130; 1979 c38 s7

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General penalties

125. A person who is guilty of an offence under this Act or the regulations for which no penalty has been specifically provided elsewhere in this Act shall be liable on summary conviction

(a) where the offence is a 1st offence to a penalty of not more than $500 and in default of payment to imprisonment for not more than 3 months; and

(b) where the offence is a 2nd or subsequent offence to a penalty of not more than $1,000 or to imprisonment for not more than 12 months or to both a fine and the imprisonment.

1973 No103 s131; 1977 c111 s15

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