Liquor Licence Amendment Act (Serving Liquor in Certain Places), 2013 Albanese, Laura — Bill 8 (40th Parliament, 2nd Session)

Bill 8, 40-2

Ontario — Bills

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Bill 8, Liquor Licence Amendment Act (Serving Liquor in Certain Places), 2013

Albanese, Laura

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Original

[40] Bill 8 Original (PDF)

Bill 8 2013

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), 2013 .

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

February 28, 2013

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

February 28, 2013

Second Reading

Carried

February 28, 2013

Second Reading

Debate

February 25, 2013

First Reading

Carried

Debates and Progress

First Reading

February 25, 2013

Committee

Second Reading

February 28, 2013

Mrs. Laura Albanese, Ms. Sylvia Jones, Ms. Cheri DiNovo, Ms. Soo Wong, Mr. John O’Toole, Mrs. Donna H. Cansfield, Mr. Rod Jackson, Mr. Mike Colle, Mrs. Julia Munro

February 28, 2013

Declared carried. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

Acts affected - Bill 8

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 8, 40-2
Type	bill
Volume / chapter	p40 s2 bill 8 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4629a094c2ab8088c7c783ae23a781e2ab3c3835

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