Liquor Licence Amendment Act (Serving Liquor in Certain Places), 2012 Albanese, Laura — Bill 93 (40th Parliament, 1st Session)

Bill 93, 40-1

Ontario — Bills

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Bill 93, Liquor Licence Amendment Act (Serving Liquor in Certain Places), 2012

Albanese, Laura

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[40] Bill 93 Original (PDF)

Bill 93 2012

Act to amend the Liquor Licence Act in relation to serving liquor in certain places

Note:

This Act amends the Liquor Licence Act. For the legislative history of the

Act, see the Table of Consolidated Public Statutes – Detailed Legislative History

at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Section

31 of the Liquor Licence

Act is amended by adding the following subsection:

Unlawful service

(2.1) No person shall serve liquor in any place other

than,

(

a) a

residence;

(

b) premises

in respect of which a licence or permit is issued; or

(

c) a

private place as defined in the regulations.

(1) Section

61 of the Act is amended by adding the following subsections:

Same

(3.2) An individual who is convicted of an offence under

subsection 31 (2.1) is not liable to imprisonment for a first offence but is

liable to imprisonment for a subsequent offence.

Bail

conditions

(3.3) If a person is arrested and charged with an offence under

subsection 31 (2.1) or with the offence under the regulations of selling or

serving liquor at licensed premises outside of the prescribed hours, an officer

in charge who releases the person upon the person entering into a recognizance under

clause 149 (2) (

b) of the Provincial

Offences Act may impose the following conditions on the person's release:

1. The

person will not attend any place where liquor is served other than the places

listed in clauses 31 (2.1) (

a) to (c).

2. The

person will not attend licensed premises where liquor is sold or served outside

of the prescribed hours.

3. The

person will not possess, other than at a residence, more liquor than what would

be reasonable for his or her personal use.

4. Any

other condition that the officer in charge considers necessary to prevent the

commission of offences referred to in this subsection.

Interpretation

(4) In subsection (3.3),

"officer

in charge" has the same meaning as in

Part VIII of the Provincial Offences Act .

(2) Subsection 61 (5) of the Act is repealed and the

following substituted:

Additional

penalty

(5) In addition to any other penalty or action under this

Act, the licence of a licensee shall be suspended for a period of not less than

seven days,

(

a) if

the licensee contravenes subsection 30 (1) or (2); or

(

b) if

the licensee sells or serves liquor at licensed premises outside of the

prescribed hours.

Commencement

3. This

Act comes into force three months after the day it receives Royal Assent.

Short

title

4. The

short title of this Act is the Liquor Licence Amendment Act (Serving Liquor in Certain Places), 2012 .

EXPLANATORY NOTE

The

Bill amends the Liquor

Licence Act .

Subsection

31 (2.1) is added to the Act to create the offence of serving liquor in any

place other than a residence, premises in respect of which a licence or permit

is issued, or a private place as defined in the regulations.

Section

61 of the Act is amended to provide for penalties and bail conditions relating

to the new offence and a similar offence under the regulations.

Date Bill stage Activity Committee

June 7, 2012

Ordered referred to Standing Committee

Standing Committee on Justice Policy

June 7, 2012

Second Reading

Carried on division

June 7, 2012

Second Reading

Debate

May 16, 2012

First Reading

Carried

Debates and Progress

First Reading

May 16, 2012

Committee

Second Reading

Committee

Third Reading

Acts affected - Bill 93

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Liquor Licence Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 93, 40-1
Type	bill
Volume / chapter	p40 s1 bill 93 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	2e877801c1e9478a9659629f8afe347a410df059

Source file is stored in the law ingest library (html).