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Part II .

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Liquor Licensing Regulations

made under

Section 50 of the

Liquor Control Act

R.S.N.S. 1989, c. 260

O.I.C. 2007-445 (effective August 17, 2007), N.S. Reg. 365/2007

amended to O.I.C. 2026-173 (effective June 1, 2026), N.S. Reg. 128/2026

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Substituted reference and referrals to Regulatory and Appeals Board

Application of regulations to ferment-on-premises facilities

Permanent Licenses

Application for permanent license

Information required with application for permanent license

Application fees for permanent licenses

License fees for permanent licenses

Application and information reviewed by Executive Director

Eligibility criteria for permanent license

Permanent licensee’s proof of employee completion of programs

Eligibility for class A cabaret license

Classes of club license

Eligibility for club license

Conflict of interest in matter related to club or association

Eligibility for eating establishment license

Eligibility for lounge license

Eligibility for special premises license

Term of permanent license

Renewing permanent license

Returning license certificate for expired permanent license

Notice to Corporation if permanent license expires or is cancelled

Reinstating permanent licenses

Transfer of permanent license must be approved

Application for transfer of permanent license

Determining maximum number of persons permitted in licensed premises

Maximum number of persons permitted in a licensed premises

Issuance of license certificate

Posting license certificate in licensed premises

Hours may be specified on license

Conditional grant of license for premises under construction

Conditions set by Executive Director on permanent license

Conditions on permanent license to ensure quiet enjoyment of properties

Interference with quiet enjoyment

Change in ownership of permanent licensees that are corporations or partnerships

Executive Director must approve change to size, structure or location of licensed

premises

Non-structural change to floorplan must be approved by Executive Director

Change in manager to be approved

Proposed contracts, leases and agreements to be submitted to Executive Director

Caterer extension to eating establishment license

Permit granted under Nova Scotia Liquor Corporation Regulations

Executive Director, Minister and Regulatory and Appeals Board may issue policies

Special Occasion Licenses

Classes of special occasion license

Application for special occasion license

Eligibility for class 4 special occasion license

Conditions set by Executive Director on special occasion license

Special occasion licensee’s proof of employee completion of programs

Fees for special occasion licenses

Suspension of permanent license while special occasion license in effect

No admission fee or cover charge by special occasion licensee

Liquor purchased by special occasion licensee

Storing of unused liquor for next licensed event

Suspension or revocation of license

Delivery Person Licenses

Class of delivery person license

Eligibility for delivery person license

Application for delivery person license

Fees for delivery person license

Term of delivery person license

Renewing delivery person license

Records kept by delivery person licensees

Carrying delivery person license

Information required from third-party delivery companies

Application of Sections 88 to 95 to delivery person licenses and delivery person

licensees

Minors in Licensed Premises

Duty to prevent liquor being sold to, served to or consumed by minors

When minor may be in lounge, beverage room or class A cabaret

Persons under 19 providing entertainment

Minors not permitted in premises if adult entertainment presented

Duty to ensure minor does not dispense liquor

Sale of Liquor in Licensed Premises

Identifying purpose of purchase of liquor from corporation or agency store

Licensee not to sell liquor below cost

Licensee not to sell liquor below minimum price

Posting prices of liquor in licensed premises

Method of dispensing liquor

Hours for selling and serving liquor

Temporary extension of hours

Consuming liquor after time to stop selling and serving liquor

Criteria for liquor permitted in licensed premises

Eating establishment licensee may permit customers to bring own wine

Removing liquor from licensed premises

Taking re-corked wine from licensed premises

Sale of liquor for consumption away from the licensed premises

Sale of beer, wine, ready-to-drink beverage and cider for consumption with food for take

away or delivery from licensed premises

Sale of mixed drinks for consumption with food for take away or delivery from licensed

premises

Liquor must be sold and served with meal in eating establishment

Who class A club licensees may sell and serve liquor to

Persons not permitted in, or to be served in, licensed premises

Sampling Liquor

Samples of liquor for licensees and staff

Samples of liquor for customers

Licensed Premises

Activities not permitted in licensed premises

Removal of patrons from licensed premises

Requirements respecting adult entertainment

Person in charge of licensed premises

Licensee must ensure person serving liquor has completed responsible alcohol service

program

Requirements for special occasion licensees—service and security employees

Requirements for permanent licensees—security employees

Number of persons in licensed premises

Duty to notify Executive Director if licensed premises closed longer than 7 days

Class A cabaret licensees to present live entertainment

Corresponding eating establishments for lounge licensees

Operating combined lounge and eating establishment

Designation of holding area in eating establishment

Duty to notify Executive Director

Advertising for licensed premises

Licensees’ records kept at licensed premises

Licensee’s Employees

Employees not to consume liquor while on duty

Employees not rewarded based on sales

Inspections

Powers of inspectors

Obstructing inspector

Duty to assist inspector

Inspector may direct licensee to lower volume

Administrative Penalties

Executive Director may impose administrative penalty

Serving notice of administrative penalty

Amount of administrative penalty

Agreement instead of administrative penalty

Payment of administrative penalty

Failure to pay administrative penalty

Disciplinary Action and Referrals to Regulatory and Appeals Board

Disciplinary action against permanent licensee

Immediate action against permanent licensee

Appeal of licensing decision, disciplinary decision or administrative penalty

Rescinding decision

Notice of referral to Regulatory and Appeals Board

Referral of licensing matter

Referral of disciplinary matter

Suspended licenses

Suspension of license on bankruptcy or receivership of permanent licensee

Suspension of license on foreclosure of licensed premises

Public Consultations

Form and manner of public consultation

Notice of comment or objection

Information from previous public consultation held in municipality

Referring matter to Regulatory and Appeals Board before or after public consultation

Determination after public consultation

Documents

Service of documents and deemed receipt

Certified copy admissible in evidence

Citation

1 These regulations may be cited as the Liquor Licensing Regulations .

Definitions

2 In these regulations,

“Act” means the Liquor Control Act ;

“adult entertainment” means entertainment that is designed to appeal to erotic or

sexual appetites, and includes the display of nudity or engagement in real or

simulated sexually explicit actions;

“cider” means a liquor that is produced by the complete or partial alcoholic

fermentation of apples, and contains no less than 2.5 percent and no more than

13.0 percent alcohol by volume;

“clean criminal record”, in relation to an individual, means

(

i) the individual has not been charged or convicted of any of the

following:

(

A) an offence under the Criminal Code (Canada),

(

B) an offence under the Controlled Drugs and Substance [ s ] Act

(Canada),

(ii) the individual has been convicted of an offence or offences referred

to in subclause (

i) and a pardon or record suspension under the

Criminal Records Act (Canada) or other applicable Act has been

issued or granted for each offence;

“customer accommodation area” means the area of a licensed premises in which

liquor can be served to and consumed by customers of the licensed premises;

“fire official” means a fire official as defined in the Fire Safety Act , acting as

authorized under the Fire Safety Act ;

“infused”, in relation to liquor, means that ingredients have been added to the

liquor, such as spices, herbs, fruit, vegetables, candy, flavouring agents or other

substances for human consumption;

“license certificate” means a document issued by the Executive Director under

Section 23 to evidence the grant of a permanent license;

“licensee” means a person who holds a valid license under the Act and these

regulations;

“live entertainment” means any comedy act, song, vocal performance, musical

instrument performance, recitation, dance, performance art or acting performance

conducted in person by 1 or more persons before or for the benefit of an audience,

but does not include karaoke;

“Minister” means the Minister of Service Nova Scotia and Municipal Relations;

“permanent license” means any license other than the following:

(

i) a special occasion license,

(ii) a delivery person license;

“permanent licensee” means a person who holds a permanent license;

“ready-to-drink beverage” means a ready-to-drink liquor mixture that is

(

i) pre-mixed and pre-packaged by a manufacturer,

(ii) intended to be consumed as purchased,

(iii) does not contain more than 16 percent alcohol by volume, and

(iv) consists of

(

A) more than one type of liquor, or

(

B) at least one type of liquor and at least one additional liquid;

“registered representative” means a registered representative as defined in the Nova

Scotia Liquor Corporation Regulations made under the Act;

“stage” means the designated area of a licensed premises, as described in the

approved floor plan, in which entertainment is exhibited;

“third-party delivery company” means any person, including any corporation,

partnership, sole proprietorship or other entity, who participates in any activity for

which a delivery person license is required, including by employing, coordinating

or otherwise facilitating persons undertaking activities for which a delivery person

license is required.

Substituted reference and referrals to Regulatory and Appeals Board

2A

(1) A reference in these regulations to the Executive Director must be read as a

reference to the Regulatory and Appeals Board, as necessary, for the purposes of

the determination by the Regulatory and Appeals Board of any matter that the

Executive Director refers to it under the Act and these regulations and the carrying

out of the Regulatory and Appeals Board’s decision on the referred matter.

(2) A reference in these regulations to the authority of the Executive Director to refer a

matter to the Regulatory and Appeals Board is for the sake of clarity and is not

intended to limit the Executive Director’s authority to refer a matter to the

Regulatory and Appeals Board under subsection 47(3) of the Act.

Application of regulations to ferment-on-premises facilities

2B Except as provided in the Ferment-on-Premises Regulations made under the Act, these

regulations do not apply to ferment-on-premises facilities.

Permanent Licenses

Application for permanent license

3 A person may apply for a permanent license by submitting all of the following to the

Executive Director:

(

a) a completed application form;

(

b) the applicable application fee set out in

Section 5;

(

c) the applicable license fee set out in

Section 6;

(

d) all of the information as required by

Section 4.

Information required with application for permanent license

(1) An applicant must submit all items required by this

Section no later than 1 year

after submitting the application form or the application file may be closed and the

applicant will be required to re-apply.

(2) An applicant for a permanent license must submit all of the following information

about the applicant:

(

a) the applicant’s

(

i) name,

(ii) address,

(iii) phone number,

(iv) fax number;

(

b) any information requested by the Executive Director about liquor licenses

the applicant has held or applied for, in a jurisdiction other than the

Province, before the application;

(

c) for an applicant who is an individual, a report on the results of a criminal

record search on the applicant;

(

d) for an applicant that is a partnership, all of the following:

(

i) a copy of the applicant’s certificate of registration of partnership,

(ii) unless otherwise directed by the Executive Director, the following

information for each partner:

(

A) name,

(

B) address,

(

C) telephone number,

(

D) fax number,

(iii) unless otherwise directed by the Executive Director, a report on the

results of a criminal record search on each partner;

(

e) for an applicant that is a for-profit corporation, all of the following:

(

i) a copy of the applicant’s certificate of incorporation,

(ii) unless otherwise directed by the Executive Director, all of the

following for each officer and director of the corporation:

(

A) name,

(

B) address,

(

C) telephone number,

(

D) fax number,

(iii) unless otherwise directed by the Executive Director, a report on the

results of a criminal record search on each officer, director and

shareholder of the corporation;

(

f) for an applicant that is a club or association, all of the following:

(

i) a copy of the applicant’s certificate of registration under the Societies

Act or other statute of incorporation,

(ii) a copy of the applicant’s memorandum of association or equivalent

document,

(iii) a copy of the applicant’s by-laws,

(iv) a copy of minutes of a meeting at which the membership of the

applicant club or association supported the application for a

permanent license,

(

v) all of the following for each executive member of the club or

association:

(

A) name,

(

B) address,

(

C) telephone number,

(

D) fax number,

(vi) a report on the results of a criminal record search on

(

A) the president of the club or association, or

(

B) the director or officer of the club or association who will be in

charge of the licensed premises,

(vii) a report on the results of a criminal record search on any additional

directors and officers of the club or association specified by the

Executive Director.

(

g) for an applicant for an eating establishment license, a copy of the applicant’s

food establishment permit issued under the Food Safety Regulations made

under the Health Protection Act .

(3) An applicant for a permanent license must submit all of the following information

about the proposed manager of the premises to be licensed:

(

a) all of the following for the proposed manager of the premises to be licensed:

(

i) name,

(ii) address,

(iii) phone number,

(iv) fax number;

(

b) a report on the results of a criminal record search on the proposed manager

of the premises to be licensed.

(4) An applicant for a permanent license must submit all of the following information

about the proposed premises to be licensed:

(

a) the proposed operating name;

(

b) the address;

(

c) a letter from an authorized official for the municipality in which the

premises is located confirming that the proposed licensed premises meets all

municipal zoning requirements and will not contravene municipal land use

by-laws;

(

d) a copy of each of the following that is applicable:

(

i) the deed,

(ii) the lease,

(iii) the purchase agreement,

(iv) the option to purchase,

(

v) the option to lease;

(

e) a floor plan, drawn to scale and including any patio or outdoor space to be

licensed;

(

f) a letter from a fire official confirming that the premises meets the

requirements of the Fire Safety Act and its regulations;

(g) [repealed]

(

h) any information requested by the Executive Director about sources of

financing;

(

i) whether the applicant proposes to provide entertainment and the nature of

the entertainment to be provided by the applicant;

(

j) whether the applicant proposes to present adult entertainment;

(k) [repealed]

(

l) any information requested by the Executive Director about the ownership

and management interests.

Application fees for permanent licenses

(1) The application fees for permanent licenses are as set out in the following table:

Type of Permanent License

Application Fee

beverage room license

$311.45

cabaret license - class A

$311.45

cabaret license (bar) - class B

$311.45

club license - class A

$124.25

club license - class B

$124.25

eating establishment license

$311.45

lounge license

$311.45

special premises license

$311.45

(2) An application fee is not refundable.

License fees for permanent licenses

(1) The license fees for a permanent license are as set out in the following table:

Type of Permanent License

License Fee

beverage room license

$560.70

cabaret license - class A

$1869.00

cabaret license (bar) - class B

$1869.00

club license - class A

$560.70

club license - class B

$560.70

eating establishment license

$560.70

lounge license

$560.70

special premises license

$560.70

(2) A license fee for a permanent license must be refunded to an applicant if a

permanent license is not granted or renewed.

(3) A license fee for a permanent license is not refundable for a permanent license that

is cancelled by the Executive Director.

Application and information reviewed by Executive Director

(1) Except as provided in subsection (2), an application must not be reviewed by the

Executive Director until all the information required from an applicant under

Section 3 is received by the Executive Director.

(2) The Executive Director may review an application that is incomplete only because

it is missing one or more of the following items:

(

a) the fire official’s letter required by clause 4(4)(f);

(b) [repealed]

(

c) the food establishment permit required by clause 4(2)(g).

(3) [repealed]

Eligibility criteria for permanent license

8 In addition to the criteria in subsection 48(3) and (5) to (8) of the Act and the

requirements for specific classes of permanent licenses set out in Sections 9 to 14, a

permanent license may be granted, renewed or transferred by the Executive Director only

if all of the following eligibility criteria are met:

(

a) the applicant is the owner or lessee of the proposed licensed premises or

holds an option to purchase or lease the proposed licensed premises;

(

b) the Executive Director is satisfied that operating the licensed premises will

not interfere with the quiet enjoyment of neighbouring properties;

(

c) the Executive Director is satisfied that operating the licensed premises will

not interfere with or cause inconvenience to schools, churches, hospitals,

nursing homes or similar institutions.

Permanent licensee’s proof of employee completion of programs

8A

(1) For greater certainty, the records that the Executive Director may request under

subsection 48(3B) of the Act include s records from a permanent licensee

confirming that all of the following have completed a responsible alcohol service

program approved by the Executive Director:

(

a) persons who have served or will serve liquor at the licensed premises;

(

b) security employees at the licensed premises.

(2) For greater certainty, the records that the Executive Director may request under

subsection 48(3B) of the Act include s records from a permanent licensee

confirming that all security employees at the licensed premises have

(

a) completed a security training program approved by [the] Executive

Director; and

(

b) provided a report on the results of a criminal background check showing a

clean criminal record.

Eligibility for class A cabaret license

(1) A class A cabaret license may be granted, renewed or transferred by the Executive

Director only if the proposed licensed premises is unlicensed at the time of the

application and the applicant meets all of the following requirements:

(

a) the applicant must satisfy the Executive Director that the primary business

to be conducted in the proposed premises to be licensed is providing live

entertainment;

(

b) the applicant must undertake to present live entertainment at least 4 days a

week;

(

c) the applicant must satisfy the Executive Director that the entertainment

aspect of the applicant’s business is self-sustaining and supply a supporting

1-year business plan to the Executive Director.

(2) In determining whether providing live entertainment is the primary business to be

conducted in a proposed licensed premises, the Executive Director may consider

any of the following for the premises:

(

a) the amount of time a week that entertainment will be presented;

(

b) entertainment equipment.

(3) A cabaret license held by a person on the date that this subsection comes into force

is deemed to be a class A cabaret license.

Classes of club license

10 The following are the 2 classes of club licenses:

(

a) a class A club license;

(

b) a class B club license.

Eligibility for club license

(1) A class A club license may be granted or renewed by the Executive Director only

to an applicant that is a club or association operated for objects other than

monetary gain and that can demonstrate that the club or association has been active

for at least 1 year before the date of their application.

(2) A class B club license may be granted or renewed by the Executive Director only if

the proposed licensed premises are under the direction of one of the following:

(

a) the Canadian Forces;

(

b) the Royal Canadian Mounted Police;

(

c) the Canadian Coast Guard.

Conflict of interest in matter related to club or association

11A No member of the Regulatory and Appeals Board or the Executive Director is

disqualified from acting in a matter related to a club or association only because the

member or the Executive Director holds a membership in another club or association

that holds or is applying for a permanent license.

Eligibility for eating establishment license

(1) Except as provided in subsection (3), an eating establishment license may be

granted, renewed or transferred by the Executive Director only to an applicant that

satisfies the Executive Director that the primary business to be conducted in a

proposed licensed premises is providing food.

(2) In determining whether providing food is the primary business to be conducted in a

proposed licensed premises, the Executive Director may consider any of the

following for the premises:

(

a) kitchen equipment;

(

b) menu;

(

c) advertising.

(3) An eating establishment license may be granted, renewed or transferred by the

Executive Director that authorizes selling and serving liquor in a hotel guest room

if meal service to the guest room is regularly provided.

Eligibility for lounge license

13 A lounge license may be granted, renewed or transferred by the Executive Director only

if all of the following requirements are met:

(

a) the applicant must hold or be concurrently granted an eating establishment

license;

(

b) the customer accommodation area covered by the eating establishment

license must make up at least 25% of the total customer accommodation

area covered by both licenses or a lesser percentage approved by the

Executive Director.

Eligibility for special premises license

14 A special premises license may be granted, renewed or transferred by the Executive

Director only to an applicant that, in the opinion of the Executive Director, proposes to

carry on business in a manner that requires a special premises license.

Term of permanent license

15 A permanent license expires 3 years from the date that it is issued or renewed.

Renewing permanent license

(1) A permanent licensee may apply to renew their permanent license by submitting all

of the following to the Executive Director:

(

a) a completed renewal application form;

(

b) the applicable license fee set out in

Section 6;

(

c) notice of any of the following that have changed since their license was

granted or renewed:

(

i) for a permanent licensee that is a club or association,

(

A) the president of the club or association, or

(

B) the director or officer of the club or association who is in

charge of the licensed premises,

(ii) for a permanent licensee that is a class A club licensee, the

memorandum of association or by-laws of the club or association, in

a manner that affects how a person becomes a member.

(2) An application for renewing a permanent license must be submitted at least 4

weeks before the permanent license expires, but the Executive Director may extend

the deadline for renewal.

(3) [repealed]

(4) [repealed]

(5) On receiving an application to renew a permanent license, the Executive Director

must do one of the following:

(

a) renew the license;

(

b) renew the license and impose, rescind or amend the conditions of the

license;

(

c) refuse to renew the license;

(

d) cancel the license;

(

e) refer the matter to the Regulatory and Appeals Board in accordance with

subsection 47(3) of the Act.

Returning license certificate for expired permanent license

17 A person whose permanent license has expired must return their license certificate to the

Executive Director.

Notice to Corporation if permanent license expires or is cancelled

18 The Executive Director must notify the Corporation of any permanent license that

expires or is cancelled.

Reinstating permanent licenses

(1) The Executive Director may reinstate a permanent license that has expired if the

person who held the license applies for reinstatement of the license no later than 10

days after the date their license expires.

(2) The Executive Director may cancel a permanent license that has not been

reinstated in accordance with subsection (1).

Transfer of permanent license must be approved

(1) Except as prohibited in subsection (2), a permanent licensee may transfer their

permanent license only if the Executive Director approves the transfer in

accordance with

Section 21.

(2) A club license is not transferrable.

Application for transfer of permanent license

(1) A permanent licensee may apply for a transfer of their permanent license by

submitting all of the following to the Executive Director:

(

a) a completed transfer application form;

(

b) a transfer fee of $124.25.

(2) The Executive Director may approve a transfer of a permanent license only if the

person to whom the permanent license is proposed to be transferred

(

a) meets the same eligibility requirements they would be required to meet

under these regulations as an applicant for a new permanent license; and

(

b) complies with the requirements of

Section 3.

(3) The Executive Director may impose conditions on a transfer of a permanent

license.

Determining maximum number of persons permitted in licensed premises

(1) Before granting a permanent license, the Executive Director must determine an

approximate number of persons that the proposed licensed premises may hold in

accordance with the maximum permitted under subsection 22A(2), and must

include that information in any notice of public consultation provided in

accordance with subsection 49(8) or 49(12) of the Act.

(2) At the time of granting a permanent license, the Executive Director must confirm

the actual maximum number of persons the proposed licensed premises may hold

in accordance with

Section 22A and specify that number on the license.

(3) [repealed]

(4) If the occupant load for a licensed premises is subsequently changed by a fire

official, the licensee who holds the permanent license for the premises must notify

the Executive Director.

(5) When notified under subsection (4) that the occupant load for a licensed premises

has been changed, the Executive Director must change the maximum number of

persons the licensed premises may hold, as specified on the license, to the

maximum in accordance with subsection 22A(1).

Maximum number of persons permitted in a licensed premises

22A

(1) Except as provided by subsection (2), the maximum number of persons permitted

in a licensed premises is the number equivalent to the occupant load determined by

a fire official.

(2) The maximum number of persons permitted in a licensed premises for which the

occupant load is not determined by a fire official is determined based on an

allowance for no more than 1 person for every 1.1148 m 2 (12 ft. 2 ) of the licensed

premises’ customer accommodation area.

(3) The Executive Director may issue a policy establishing the method of determining

the size of a customer accommodation area.

Issuance of license certificate

23 On granting a license, the Executive Director must issue a license certificate to the

licensee, and any conditions placed on the license must be set out in an attachment to the

license certificate.

Posting license certificate in licensed premises

24 A licensee must ensure that their license certificate is posted in their licensed premises in

a place where it can be easily seen and read by customers.

Hours may be specified on license

25 On a license granted, the Executive Director may specify the hours during which the

licensee is authorized to sell or serve liquor.

Conditional grant of license for premises under construction

26 The Executive Director may grant a permanent license to an applicant whose application

is missing information because it was not available at the time of application, as

permitted by subsection 7(2), subject to the following conditions:

(

a) the Executive Director must not issue a license certificate until the

Executive Director receives and is satisfied with all of the missing

information; and

(

b) the licensed premises must not be operated under the permanent license

until the Executive Director issues a license certificate to the licensee.

Conditions set by Executive Director on permanent license

(1) The Executive Director may add additional conditions to a permanent license and

may rescind or amend existing license conditions.

(2) The Executive Director may hold a public consultation before determining whether

to add conditions to or rescind or amend conditions on a permanent license.

Conditions on permanent license to ensure quiet enjoyment of properties

28 The Executive Director may impose conditions on a permanent licensee to ensure that

operating the licensed premises will not interfere with the quiet enjoyment of

neighbouring properties, including conditions on the entertainment to be presented in the

licensed premises.

Interference with quiet enjoyment

(1) A person may request in writing that the Executive Director cancel a permanent

license or place conditions on a permanent license on the basis that the operation of

the licensed premises is interfering with the quiet enjoyment of neighbouring

properties.

(2) On receiving a request under subsection (1), the Executive Director may make

inquiries of, or request documentation from, the licensee or any other person for

the purpose of determining the matter.

(3) [repealed]

(4) [repealed]

(5) If the Executive Director is satisfied that the operation of a licensed premises is

interfering with the quiet enjoyment of neighbouring properties, the Executive

Director may do any of the following:

(

a) impose conditions on the licensee’s license or rescind or amend existing

conditions on the license;

(

b) cancel all or any part of the licensee’s license.

(6) The Executive Director may refer a matter under this

Section to the Regulatory and

Appeals Board in accordance with subsection 47(3) of the Act.

Change in ownership of permanent licensees that are corporations or partnerships

(1) A permanent licensee that is a corporation in which the shares are redistributed in a

manner that does not result in a change in control of the corporation must notify

the Executive Director of the redistribution in writing no later than 30 days after

the date the redistribution occurs.

(2) Any change in the share structure or ownership of a permanent licensee that is a

corporation other than one referred to in subsection (1) is considered to be a

transfer of the license, and the licensee must receive approval for the transfer under

Section 21 before making such a change in the share structure or ownership.

(3) A change in the ownership of a permanent licensee that is a partnership is

considered to be a transfer of license, and the licensee must receive approval for

the transfer under

Section 21 before making such a change in ownership.

31 [repealed]

Executive Director must approve change to size, structure or location of licensed premises

(1) A permanent licensee may change the size of their licensed premises or make a

structural change to their licensed premises only if the permanent licensee submits

a proposed replacement floor plan to the Executive Director and the Executive

Director approves the replacement floor plan.

(2) Except as provided in subsection (2A), a permanent licensee may change the

location of their licensed premises only if the permanent licensee submits all of the

information required by subsection 4(4) to the Executive Director for the new

location and the Executive Director approves the new location.

(2A) The Executive Director may waive some or all of the requirements of subsection

4(4), as the Executive Director considers appropriate, for a licensee seeking

approval for a change of location.

(3) The Executive Director may hold a public consultation before approving a change

under this Section.

(4) A permanent licensee may apply for an approval under this

Section by submitting

an application to the Executive Director.

(5) [repealed]

Non-structural change to floorplan must be approved by Executive Director

32A A permanent licensee may make a non-structural change to the floor plan of their

licensed premises only if the permanent licensee submits a proposed replacement floor

plan to the Executive Director and the Executive Director approves the floor plan.

Change in manager to be approved

(1) Except as provided in subsection (5) for an acting manager, a permanent licensee

may change the manager of their licensed premises only if the change is approved

by the Executive Director.

(2) A permanent licensee may apply for approval of a change in the manager of their

licensed premises by submitting all of the following to the Executive Director:

(

a) the following information for the proposed manager:

(

i) name,

(ii) address,

(iii) phone number;

(

b) a report on the results of a criminal record search on the proposed manager.

(3) On receiving an application under subsection (2), the Executive Director may do

one of the following:

(

a) approve the change in manager;

(

b) refuse to approve the change in manager;

(

c) refer the matter to the Regulatory and Appeals Board in accordance with

subsection 47(3) of the Act.

(4) [repealed]

(5) A permanent licensee may appoint an acting manager for their licensed premises

for no longer than 30 days without the approval of the Executive Director.

Proposed contracts, leases and agreements to be submitted to Executive Director

(1) A permanent licensee must submit any proposed management contract under

which their licensed premises will be managed on their behalf to the Executive

Director for approval before completing the contract.

(2) A permanent licensee must submit any proposed lease agreement for their licensed

premises to the Executive Director for approval before completing the agreement.

(3) A permanent licensee must submit any proposed agreement with a brewery,

distillery or winery to the Executive Director for approval before completing the

agreement.

Caterer extension to eating establishment license

(1) On application, the Executive Director may add a caterer extension to an

applicant’s eating establishment license that authorizes the eating establishment

licensee to sell or serve liquor at the premises specified in the caterer extension,

subject to any conditions set for the extension by the Executive Director.

(2) An application for a caterer extension must be made at least 1 week before the date

of the proposed catered event.

(3) The same requirements and prohibitions that apply to a licensee’s eating

establishment apply to a premises covered by a caterer extension added to their

eating establishment license.

(4) While a caterer extension is in effect for all or part of a premises that is the subject

of a permanent license, the permanent license for that part of the premises is

deemed to be suspended.

Permit granted under Nova Scotia Liquor Corporation Regulations

35A If a permit is granted under the Nova Scotia Liquor Corporation Regulations made

under the Act for all or part of a premises that is the subject of a permanent license, the

licensee must post the permit in the premises while the permit is in effect.

Executive Director, Minister and Regulatory and Appeals Board may issue policies

35B The Executive Director, the Minister and the Regulatory and Appeals Board may issue

policies consistent with the Act and these regulations.

Special Occasion Licenses

Classes of special occasion license

36 The following are the 4 classes of special occasion licenses:

(

a) class 1 special occasion license: authorizes a licensee to give away liquor for

persons to consume at a licensed premises, at a private event that is open

only to invited guests;

(

b) class 2 special occasion license: authorizes a licensee to sell liquor for

persons to consume at a licensed premises, at a private event that is open

only to invited guests;

(

c) class 3 special occasion license: authorizes a licensee to sell liquor for

persons to consume at a licensed premises, at a community fund-raising

event that is open to the public;

(

d) class 4 special occasion license: authorizes a licensee to sell liquor for

persons to consume at a licensed premises, at an event that is open to the

public.

Application for special occasion license

(1) A person may apply for a special occasion license by submitting all of the

following to the Executive Director:

(

a) a completed application form and any documentation requested in the

application form;

(

b) the applicable fee set out in

Section 38;

(

c) a letter from a fire official confirming that the proposed licensed premises

meets the requirements of the Fire Safety Act and its regulations, if

considered necessary by the Executive Director.

(2) An application for a special occasion license must be submitted at least 10 days

before the date of the event that the license is for, but the Executive Director may

extend the deadline for applying.

Eligibility for class 4 special occasion license

37A A class 4 special occasion license may be granted by the Executive Director only to an

applicant who is a permanent licensee.

Conditions set by Executive Director on special occasion license

37B The Executive Director may impose conditions on a special occasion license and may

rescind or amend existing conditions on a special occasion license.

Special occasion licensee’s proof of employee completion of programs

37C

(1) For greater certainty, the records that the Executive Director may request under

subsection 48(3B) of the Act include s records from a special occasion licensee

confirming that all of the following have completed a responsible alcohol service

program that is approved by the Executive Director:

(

a) person[s] who has [have] served or will serve liquor at the licensed

premises;

(

b) security employees at the licensed premises.

(2) For greater certainty, the records that the Executive Director may request under

subsection 48(3B) of the Act include s records from a special occasion licensee

confirming that all security employees at the licensed premises have

(

a) completed a security training program approved by the Executive Director;

and

(

b) provided a report on the results of a criminal background check showing a

clean criminal record.

Fees for special occasion licenses

38 The license fees payable per day for a special occasion license are as set out in the

following table:

Class of License

Fee/Day

class 1 special occasion license

$12.45

class 2 special occasion license

$24.95

class 3 special occasion license

$62.30

class 4 special occasion license

$62.30

Suspension of permanent license while special occasion license in effect

39 If a special occasion license is granted for all or part of a premises that is the subject of a

permanent license, the permanent license for that part of the premises is deemed to be

suspended while the special occasion license is in effect.

No admission fee or cover charge by special occasion licensee

40 A class 1 special occasion licensee must not charge an admission fee or cover charge to

anyone attending an event their license is issued for.

Liquor purchased by special occasion licensee

41 A special occasion licensee must not sell or give away liquor other than liquor purchased

by the licensee from the Corporation, an agency store or manufacturer permitted by the

Corporation.

Storing of unused liquor for next licensed event

42 The Executive Director may authorize a class 2 or class 3 special occasion licensee to

store excess liquor from 1 licensed event to sell at the licensee’s next licensed event, if

the licensee satisfies the Executive Director that the liquor can be stored safely and

securely.

Suspension or revocation of license

(1) The Executive Director may immediately suspend a special occasion license and

revoke a special occasion license granted to the licensee for a future event if the

licensee has violated these regulations or a condition of the license.

(2) An inspector may immediately suspend a special occasion license if, in the opinion

of the inspector, the licensee is providing liquor to patrons in an irresponsible

manner, is unable to ensure the care and control of the licensed premises or is

otherwise acting in a manner that may threaten public safety.

Delivery Person Licenses

Class of delivery person license

43A

(1) A delivery person license is prescribed as a class of license under clause 48(1)(

j) of

the Act.

(2) A delivery person license authorizes the license holder to deliver liquor for

consumption with food that is sold for delivery from licensed premises in

accordance with Sections 58C and 58D.

(3) Except as provided in subsection (4), a person must not deliver liquor under

Sections 58C and 58D except under the authority of a delivery person license.

(4) An employee of a licensed premises who is delivering liquor in accordance with

Sections 58C and 58D is not required to hold a delivery person license.

Eligibility for delivery person license

43B An applicant for a delivery person license must meet all of the following criteria:

(

a) be an individual;

(

b) be at least 19 years old;

(

c) have completed a responsible alcohol service program that is approved by

the Executive Director.

Application for delivery person license

43C An applicant may apply for a delivery person license by submitting all of the following

to the Executive Director:

(

a) a completed application form and any documentation requested in the

application form;

(

b) the applicable application fee set out in

Section 43D;

(

c) the applicable license fee set out in

Section 43D;

(

d) a report on the results of a criminal record search on the applicant.

Fees for delivery person license

43D

(1) The application fee for a delivery person license is $0.

(2) The license fee for a delivery person license is $0.

Term of delivery person license

43E A delivery person license expires 3 years from the date that it is issued or renewed.

Renewing delivery person license

43F

(1) A delivery person licensee may apply to renew their delivery person license by

submitting all of the following to the Executive Director:

(

a) a completed renewal application form;

(

b) the applicable license fee set out in

Section 43D.

(2) An application for renewing a delivery person license must be submitted at least 4

weeks before the delivery person license expires, but the Executive Director may

extend the deadline for renewal.

(3) On receiving an application to renew a delivery person license, the Executive

Director must do one of the following:

(

a) renew the license;

(

b) renew the license and impose, rescind or amend the conditions of the

license;

(

c) refuse to renew the license;

(

d) cancel the license;

(

e) refer the matter to the Regulatory and Appeals Board in accordance with

subsection 47(3) of the Act.

Records kept by delivery person licensees

43G

(1) A delivery person licensee must keep a record of all of the following:

(

a) any liquor that could not be delivered;

(

b) the reason that the liquor referred to in clause (

a) could not be delivered.

(2) A delivery person licensee must retain the records listed in subsection (1) for at

least 3 years after the date of the attempted delivery.

Carrying delivery person license

43H A delivery person licensee must carry a copy of their delivery person license while

delivering liquor under Sections 58C and 58D.

Information required from third-party delivery companies

43I

(1) The Executive Director may require a third-party delivery company to provide

information about any person undertaking an activity for which a delivery person

license is required, and a third-party delivery company must provide the

information to the Executive Director when required.

(2) Without limiting the generality of subsection (1), the information required by the

Executive Director under subsection (1) may include any of the following:

(

a) names;

(

b) addresses;

(

c) telephone numbers;

(

d) dates of birth;

(

e) employment histories.

Application of Sections 88 to 95 to delivery person licenses and delivery person licensees

43J

(1) Except as provided in subsection (2), Sections 88 to 95 apply to delivery person

licenses and delivery person licensees with the following changes:

(a) “permanent licensee” must be read as “delivery person licensee”;

(b) “permanent license” must be read as “delivery person license”;

(c) “providing liquor to patrons in an irresponsible manner, is unable to ensure

the care and control of the licensed premises” in subsection 89(1) must be

read as “delivering liquor in an irresponsible manner”; and

(d) “grant, renew and transfer licenses to sell” in clause 93(6)(

a) must be read

as “grant and renew licenses to deliver”.

(2) Subsection 95(2) does not apply to delivery person licenses or delivery person

licensees.

Minors in Licensed Premises

Duty to prevent liquor being sold to, served to or consumed by minors

(1) A licensee must ensure that a person who is under 19 years old is not sold,

supplied or given liquor in their licensed premises.

(2) A licensee must ensure that a person who is under 19 years old does not consume

liquor in their licensed premises.

When minor may be in lounge, beverage room or class A cabaret

(1) This

Section applies to a premises where full meal service is provided and for

which 1 of the following types of permanent licences is in effect:

(a) [repealed]

(

b) beverage room license;

(

c) lounge license;

(

d) class A cabaret license.

(2) Except as prohibited in

Section 47, a person who is under 19 years old may enter

and be in a licensed premises to which this

Section applies until 10:00 p.m. if 1 of

the following conditions is met:

(

a) the person is accompanied by a parent, legal guardian or spouse who is 19

years old or older;

(

b) the person is employed by the licensee, at work on premises and under adult

supervision.

Persons under 19 providing entertainment

(1) Except as prohibited in

Section 47, a person who is under 19 years old may enter

and be in premises for which a beverage room license, lounge license or class A

cabaret license is in effect if all of the following conditions are met:

(

a) the person is employed or otherwise authorized by the licensee of the

premises to provide entertainment on the premises;

(

b) the person’s presence on the licensed premises does not violate any order of

(

c) the person is accompanied, at all times, by 1 of the following persons who

will be responsible for them:

(

i) their parent,

(ii) their legal guardian,

(iii) a person over 19 years of age who is designated in writing by their

parent or legal guardian.

(2) A licensee must keep records about each person under 19 years old who provides

entertainment in the licensed premises, including all of the following:

(

a) the person’s name;

(

b) all dates that they provide entertainment in their premises;

(

c) the names of all persons accompanying them under clause (1)(c).

(3) A licensee must provide any records kept under subsection (2) to the Executive

Director or an inspector upon request.

Minors not permitted in premises if adult entertainment presented

47 A licensee must not permit a person who is under 19 years old to enter or be in a

licensed premises while adult entertainment is presented in the licensed premises.

Duty to ensure minor does not dispense liquor

(1) A licensee must ensure that liquor is not dispensed by an employee who is under

19 years old.

(2) An eating establishment licensee or a lounge licensee may permit an employee

who is under 19 years old to serve liquor at a customer’s table.

Sale of Liquor in Licensed Premises

Identifying purpose of purchase of liquor from corporation or agency store

49 When purchasing liquor from the Corporation or an agency store, a licensee must

identify that the liquor is being purchased to be sold in a licensed premises and must

provide their license certificate number to the Corporation or agency store.

Licensee not to sell liquor below cost

50 A licensee must not sell liquor for less than what it cost the licensee to purchase the

liquor.

Licensee not to sell liquor below minimum price

50A

(1) Except for the off-premises sale of liquor under Sections 58B, 58C and 58D, a

licensee must not offer for sale or supply a serving of liquor for less than a total

purchase price of $2.50, including any applicable taxes.

(2) For the purposes of subsection (1), a serving of liquor is prescribed, by volume and

type, as follows:

(a) 355 ml (12 U.S. fl oz) of beer, cider or ready-to-drink beverage;

(b) 30 ml (1 U.S. fl oz) of spirits;

(c) 150 ml (5 U.S. fl oz) of wine;

(d) 90 ml (3 U.S. fl oz) of fortified wine.

(3) If a licensee offers for sale or supply a serving of liquor that differs from the

volume prescribed in subsection (2), the minimum price for that serving must

increase or decrease in direct proportion to the difference between the volume of

liquor contained in that serving and the volume prescribed in subsection (2).

Posting prices of liquor in licensed premises

51 A licensee must create a list of all of the following for all liquor sold in their premises

and post the list in a place where it can be easily seen and read by customers in the

licensed premises:

(

a) the quantities in which the liquor is sold;

(

b) the prices at which the liquor is sold.

Method of dispensing liquor

(1) A licensee must ensure that the method used to dispense liquor in their licensed

premises does not result in a customer receiving less liquor than is represented as

being served.

(2) A licensee must ensure that liquor sold in their licensed premises is not diluted,

other than the following:

(

a) liquor in drinks that are mixed or diluted at the request of the customer;

(

b) liquor that has been infused in accordance with subsection (2) [52(3)].

(3) A licensee must ensure that any liquor that has been infused and is for sale in their

licensed establishment meets all of the following requirements:

(

a) the infusion does not cause additional fermentation resulting in an increase

in the amount of alcohol in the drink;

(

b) the drink’s ingredients, including the infusion, are identified on the drink

menu or price list;

(

c) cannabis is not used in the infusion;

(

d) infusions involving perishable ingredients such as fruit, juices or other

consumable food items are stored in a manner consistent with provincial

and municipal health and safety standards;

(

e) each bottle, package or container used for infusing liquor is clearly labelled

with all of the following information:

(

i) the date the infusion was prepared or the date the infusion agent was

placed in the container,

(ii) the type, brand and quantity of liquor used,

(iii) the non-liquor ingredients used,

(iv) the name of the person who prepared the liquor for infusing;

(

f) the infusion occurs at the licensed premises.

Hours for selling and serving liquor

(1) Except as authorized by the Executive Director under

Section 54 for a temporary

extension, the maximum hours during which a permanent licensee may be

authorized to sell or dispense liquor are as set out in the following table:

Type of

Permanent License

Maximum Hours for

Selling and Serving Liquor

beverage room license

10:00 a.m. Monday to 2:00 a.m. Tuesday

10:00 a.m. Tuesday to 2:00 a.m. Wednesday

10:00 a.m. Wednesday to 2:00 a.m. Thursday

10:00 a.m. Thursday to 2:00 a.m. Friday

10:00 a.m. Friday to 2:00 a.m. Saturday

10:00 a.m. Saturday to 2:00 a.m. Sunday

10:00 a.m. Sunday to 2:00 a.m. Monday

cabaret license - class A

10:00 a.m. Monday to 3:30 a.m. Tuesday

10:00 a.m. Tuesday to 3:30 a.m. Wednesday

10:00 a.m. Wednesday to 3:30 a.m. Thursday

10:00 a.m. Thursday to 3:30 a.m. Friday

10:00 a.m. Friday to 3:30 a.m. Saturday

10:00 a.m. Saturday to 3:30 a.m. Sunday

10:00 a.m. Sunday to 3:30 a.m. Monday

cabaret license (bar) - class B

10:00 a.m. Monday to 2:00 a.m. Tuesday

10:00 a.m. Tuesday to 2:00 a.m. Wednesday

10:00 a.m. Wednesday to 2:00 a.m. Thursday

10:00 a.m. Thursday to 2:00 a.m. Friday

10:00 a.m. Friday to 2:00 a.m. Saturday

10:00 a.m. Saturday to 2:00 a.m. Sunday

10:00 a.m. Sunday to 2:00 a.m. Monday

club license – class A

10:00 a.m. Monday to 2:00 a.m. Tuesday

10:00 a.m. Tuesday to 2:00 a.m. Wednesday

10:00 a.m. Wednesday to 2:00 a.m. Thursday

10:00 a.m. Thursday to 2:00 a.m. Friday

10:00 a.m. Friday to 2:00 a.m. Saturday

10:00 a.m. Saturday to 2:00 a.m. Sunday

10:00 a.m. Sunday to 2:00 a.m. Monday

club license – class B

no maximum hours

eating establishment license

10:00 a.m. Monday to 2:00 a.m. Tuesday

10:00 a.m. Tuesday to 2:00 a.m. Wednesday

10:00 a.m. Wednesday to 2:00 a.m. Thursday

10:00 a.m. Thursday to 2:00 a.m. Friday

10:00 a.m. Friday to 2:00 a.m. Saturday

10:00 a.m. Saturday to 2:00 a.m. Sunday

10:00 a.m. Sunday to 2:00 a.m. Monday

lounge license

10:00 a.m. Monday to 2:00 a.m. Tuesday

10:00 a.m. Tuesday to 2:00 a.m. Wednesday

10:00 a.m. Wednesday to 2:00 a.m. Thursday

10:00 a.m. Thursday to 2:00 a.m. Friday

10:00 a.m. Friday to 2:00 a.m. Saturday

10:00 a.m. Saturday to 2:00 a.m. Sunday

10:00 a.m. Sunday to 2:00 a.m. Monday

special premises license

no maximum hours

(2) Except as authorized by the Executive Director under

Section 54 for a temporary

extension, a licensee must ensure that liquor is sold and dispensed only during the

hours authorized by the licensee’s license.

Temporary extension of hours

54 The Executive Director may temporarily authorize a permanent licensee to sell or

dispense liquor during any additional times the Executive Director considers appropriate.

Consuming liquor after time to stop selling and serving liquor

(1) Except as provided in subsection (2), a licensee must ensure that all customers

leave their licensed premises no later than 30 minutes after the time authorized by

their license to stop selling and dispensing liquor.

(2) An eating establishment licensee and a class B club licensee may permit customers

to remain in their licensed premises for as long as the licensee considers

appropriate after the time authorized by their license to stop selling and dispensing

liquor.

(3) Any liquor sold or served before the time authorized by a licensee’s license to stop

selling and dispensing liquor may be consumed by customers before they leave.

Criteria for liquor permitted in licensed premises

(1) A licensee must ensure that any liquor in their licensed premises meets at least 1 of

the following criteria:

(

a) it is liquor that was purchased by the licensee from the Corporation, an

agency store or manufacturer permitted by the Corporation;

(

b) it is wine that was brought into the licensed premises by a customer in

accordance with

Section 57;

(

c) it is liquor that was brought into the licensed premises by a registered

representative in accordance with

Section 62 or 63;

(

d) it is liquor that was produced by the licensee under a permit issued under

the Nova Scotia Liquor Corporation Regulations made under the Act that

authorizes the licensee to produce liquor.

(2) A licensee must ensure that only liquor purchased from or served by the licensee is

consumed in their licensed premises.

Eating establishment licensee may permit customers to bring own wine

(1) An eating establishment licensee may permit a customer to bring wine into their

licensed premises to consume in the premises if all of the following criteria are

met:

(

a) the wine is commercially produced and bottled;

(

b) the manufacturer’s seal on the wine bottle is not broken or removed.

(2) An eating establishment licensee may serve wine that meets the criteria in

subsection (1) to a customer who brings it into their licensed premises and to other

customers to be consumed in the licensed premises.

(3) For greater certainty, the following wine does not meet the criteria in subsection

(1) and may not be brought into a licensed premises under this Section:

(

a) home-made wine;

(

b) wine bottled by the purchaser at a Corporation store or agency store;

(

c) boxed wine.

Removing liquor from licensed premises

58 Except as provided in Sections 58A, 58B, 58C and 58D, a licensee must not permit

liquor that was sold in their licensed premises to be taken from the premises.

Taking re-corked wine from licensed premises

58A An eating establishment licensee may permit a customer to take an unfinished bottle of

wine from their licensed premises if the licensee does all of the following:

(

a) re-corks the bottle by inserting a cork into the bottle so that the cork is flush

with the top of the bottle;

(

b) informs the customer of the requirements in subsections 54(6) and (7) of the

Act for transporting the open bottle of liquor in a motor vehicle.

Sale of liquor for consumption away from the licensed premises

58B A licensee may permit a customer to take liquor that was produced by a licensee and

purchased in the licensee’s licensed premises away from the licensed premises, if all of

the following requirements are met:

(

a) the liquor must have been produced by the licensee under a permit issued

under the Nova Scotia Liquor Corporation Regulations made under the Act

that authorizes the licensee to produce liquor;

(

b) the manufacturing facility that is subject to the permit referred to in clause

(

a) and any licensed premises in which the liquor is sold must be owned and

operated by the same licensee;

(

c) the liquor must be sold in a licensed premises that is located adjacent to the

manufacturing facility that is subject to the permit referred to in clause (

a) or

in one of up to 4 additional licensed premises operated by the same licensee;

(

d) the liquor must be sold in a sealed package;

(

e) despite the hours during which the licensee is authorized to sell or dispense

liquor, the licensee must not sell liquor under this

Section after 10:00 p.m.;

(

f) the licensee must ensure that any person who has purchased liquor under

this

Section immediately leaves the licensed premises following the

purchase;

ensure the intent of this

Section is met.

Sale of beer, wine, ready-to-drink beverage and cider for consumption with food for take

away or delivery from licensed premises

58C

(1) A licensee must not sell beer, wine, ready-to-drink beverage or cider from their

licensed premises for take away or delivery from the licensed premises except in

Director under this Section.

(2) A licensee may permit a customer to purchase beer, wine, ready-to-drink beverage

or cider for take away or delivery from the licensed premises, if all of the following

requirements for the purchase are met:

(

a) the beer, wine, ready-to-drink beverage or cider is purchased as part of a

take away or delivery order and includes food produced by the licensee

under a food establishment permit issued under Food Safety Regulations

made under

Part II of the Health Protection Act ;

(

b) the beer, wine, ready-to-drink beverage or cider sold for delivery is sold by

an employee of the licensed premises and is delivered from the licensed

premises by

(

i) an employee of the licensed premises that it is sold from, or

(ii) a holder of a delivery person license;

(

c) an employee who performs any actions under clause (

b) is at least 19 years

old and has completed a responsible alcohol service program that is

approved by the Executive Director;

(

d) the beer, wine, ready-to-drink beverage or cider is sold and provided in the

original factory sealed packaging;

(

e) the person purchasing or receiving the beer, wine, ready-to-drink beverage

or cider for take away or delivery

(

i) can provide proof that they are at least 19 years old, on request, and

(ii) is not intoxicated;

(

f) a person purchasing the beer, wine, ready-to-drink beverage or cider for take

away leaves the licensed premises immediately after the purchase and is

informed of the requirements in subsections 54(6) and (7) of the Act for

transporting liquor in a motor vehicle;

(

g) the total liquor sold to a person per take away or delivery order under this

Section and

Section 58D together is

(

i) not more than the amount that would be reasonably consumed with

the number of meals being sold in the order, and

(ii) except as provided in clause (h), valued at not more than 3 times the

value, calculated before taxes or gratuities, of the food portion of the

order;

(

h) if a person’s purchase of liquor is one bottle of wine only, then the value of

the wine may exceed 3 times the value of the food portion of the order.

(3) An employee or a holder of a delivery person license providing beer, wine, ready-to-drink beverage or cider under this

Section must do all of the following:

(

a) before permitting beer, wine, ready-to-drink beverage or cider to be

provided to a person under this Section, check the identification of the

person receiving the beer, wine, ready-to-drink beverage or cider to

(

i) confirm their identity, and

(ii) ensure that they are at least 19 years old;

(

b) refuse to provide beer, wine, ready-to-drink beverage or cider to a person

who is apparently intoxicated;

(

c) refuse to deliver to a beach, park or other public place;

(

d) return the liquor portion of the order to the licensee if any of the following

applies with respect to the person to receive the order:

(

i) they are intoxicated,

(

i) their age cannot be verified,

(iii) they are under 19 years old,

(iv) they cannot be located.

(3A) Before permitting beer, wine, ready-to-drink beverage or cider to be provided to a

person for delivery under subclause 58C(2)(b)(ii), an employee of the licensed

premises must be satisfied that the person holds a delivery person license.

(4) Despite the hours during which a licensee is authorized to sell or dispense beer,

wine, ready-to-drink beverage or cider under these regulations, a licensee must not

sell beer, wine, ready-to-drink beverage or cider under this

Section before 10:00

a.m. or after 10:00 p.m.

licensees that the Executive Director determines are reasonable or necessary for

take away or delivery sales under this

Section to ensure the intent of this

Section is

met, including but not limited to record keeping or tracking requirements.

Sale of mixed drinks for consumption with food for take away or delivery from licensed

premises

58D

(1) A licensee may prepare and sell mixed drinks from their licensed premises for take

away or delivery from the licensed premises.

(2) A licensee must not prepare or sell a mixed drink under this

Section except in

Director under this Section.

(3) In this Section,

“glass” means a single-serving glass or other container used to hold and transport a

mixed drink;

“mixed drink” means a liquor mixture that meets all of the following:

(

i) it is not pre-mixed, batch-prepared or pre-packaged by a

manufacturer or the licensee,

(ii) it is made and packaged by the licensee after it is ordered,

(iii) it is no greater than 400 ml in volume,

(iv) it consists of

(

A) more than 1 type of liquor, or

(

B) at least 1 type of liquor and at least 1 additional liquid;

(

v) it contains no more than 90 ml of liquor in total;

(vi) it only contains liquor that is purchased directly by the licensee

within the Province.

(4) A purchase of a mixed drink for take away or delivery from a licensed premises

must meet all of the following requirements for the purchase:

(

a) the mixed drink must be purchased as part of a take away or delivery order

that includes food produced by the licensee under a food establishment

permit issued under Food Safety Regulations made under the Health

Protection Act ;

(

b) the mixed drink sold for delivery must be sold by an employee of the

licensed premises and must be delivered from the licensed premises by

(

i) an employee of the licensed premises that it is sold from, or

(ii) a holder of a delivery person license;

(

c) an employee who performs any actions under clause (

b) is at least 19 years

old and has completed a responsible alcohol service program that is

approved by the Executive Director;

(

d) the mixed drink is made by the licensee and the glass provided for its

transport is sealed and tamper-proof;

(

e) the container used for the mixed drink must be clearly labelled with all of

the following information:

(

i) all the ingredients in the drink,

(ii) the percentage of alcohol by volume of the drink,

(iii) whether the drink must be refrigerated or any other special storage

instructions required for the mixed drink,

(iv) the liquor name, brand name and volume of each liquor used;

(

f) a person purchasing the mixed drink for take away must leave the licensed

premises immediately after the purchase and must be informed of the

requirements in subsections 54(6) and (7) of the Act for transporting liquor

in a motor vehicle;

(

g) the total liquor sold to a person per take away or delivery order under this

Section and

Section 58C together is

(

i) no more than the amount that would be reasonably consumed with

the number of meals being sold in the order, and

(ii) valued at no more than 3 times the value, calculated before taxes or

gratuities, of the food portion of the order.

(5) When an employee or a holder of a delivery person license is providing a mixed

drink under this Section, subsection 58C(3) applies with respect to the mixed

drink.

(5A) Before permitting a mixed drink to be provided to a person for delivery under

subclause 58D(4)(b)(ii), an employee of the licensed premises must be satisfied

that the person holds a delivery person license.

(6) A licencee must keep a record of all mixed drink sales made under this

Section for

at least 3 years after the sale, with all of the following information recorded for

each order:

(

a) the date and time of the order;

(

b) an indication of whether the sale was for pick-up or the address for delivery;

(

c) the value of the food purchased;

(

d) the value and type of alcohol purchased;

(

e) the information included on the mixed drink label;

(

f) the delivery fee charged;

(

g) the total amount paid.

(7) Despite the hours during which a licensee is authorized to sell or dispense a mixed

drink under these regulations, a licensee must not sell a mixed drink under this

Section before 10:00 a.m. or after 10:00 p.m.

licensees that the Executive Director determines are reasonable or necessary for

take away or delivery sales under this

Section to ensure the intent of this

Section is

met, including but not limited to record keeping or tracking requirements.

Liquor must be sold and served with meal in eating establishment

(1) Except as provided in Sections 58B, 58C and 58D, an eating establishment

licensee may sell or serve liquor to a customer in their licensed premises, other

than the part designated as a holding area under

Section 72, only if

(

a) the customer is served enough food to constitute a meal; or

(

b) the customer is served no more than 2 servings of liquor, as prescribed by

subsection 50A(2), and the eating establishment licensee’s kitchen is

operational and food service is available.

(2) Except as provided in Sections 58B and 58D, an eating establishment licensee

must not sell or serve more liquor to a customer than the amount that would

reasonably be consumed with a meal.

Who class A club licensees may sell and serve liquor to

(1) A class A club licensee may sell liquor only to the following persons:

(

a) a member of the club;

(

b) a person who has been signed in by a member and whose name has been

entered in a guest registration book kept by the licensee;

(

c) for a class A club licensee that is a branch of the Royal Canadian Legion or

another national or provincial organization, a person who has produced a

membership card in the organization and whose name has been entered in a

guest registration book kept by the licensee.

(2) A class A club licensee must keep a list of all members and have the list available

in their licensed premises at all times.

Persons not permitted in, or to be served in, licensed premises

(1) A licensee must not sell or provide liquor in their licensed premises to any of the

following:

(

a) a person who is apparently under the influence of liquor or drugs;

(

b) a person who it is reasonable to believe will become intoxicated if they

consume any more liquor.

(2) A licensee must not permit a person who is intoxicated to be in their licensed

premises.

Sampling Liquor

Samples of liquor for licensees and staff

(1) A licensee may permit a manufacturer or a registered representative to bring liquor

into their licensed premises so that the licensee or the licensee’s staff may sample

the liquor if all of the following requirements are met:

(

a) the licensee must ensure that the manufacturer or registered representative is

present during the sampling process;

(

b) the licensee must ensure that the total samples of products provided to the

licensee by a manufacturer or registered representative is not more than the

maximum amount set out in the following table for the type of product in 1

calendar year:

Type of Product

Maximum Total Samples/Year

beer or ready-to-drink

beverages

48 bottles or equivalent containers, containing

355 ml of product

wine

10 bottles or equivalent containers, containing

750 ml of product

spirits

3 bottles or equivalent containers, containing

750 ml of product

(

c) the licensee must ensure that the sample bottle or equivalent container is

disposed of or removed from the licensed premises by the manufacturer or

registered representative immediately after the sampling and before any

further sampling begins.

(2) The Executive Director may require a licensee to provide written notice before

liquor sampling occurs in their licensed premises and a licensee must provide the

notice when required.

Samples of liquor for customers

(1) A licensee may permit a manufacturer or a registered representative to provide a

sample of liquor to a customer only if all of the following conditions are met:

(

a) the sample is purchased from the licensee by the manufacturer or registered

representative;

(

b) the manufacturer or registered representative remains on site while the

sample is consumed;

(

c) samples are provided by the manufacturer or registered representative no

more than once a month;

(

d) the duration of the sampling event is no longer than 1 hour;

(

e) the sampling event is not held after 12:00 a.m.

(2) A licensee must ensure that a manufacturer or registered representative does not

serve more than 1 regular serving to each customer during a sampling event.

(3) A licensee must keep a record of all of the following information about a sampling

event in accordance with

Section 75:

(

a) the name of the manufacturer or registered representative;

(

b) a list of the products sampled;

(

c) the amount of products sampled.

(4) A licensee may sell a sample to a manufacturer or registered representative that is

half the size of a regular serving or less, but a licensee must not reduce the price of

the sample to below half of the licensee’s price for the regular serving set out in the

list referred to in

Section 51.

Licensed Premises

Activities not permitted in licensed premises

(1) A licensee must not permit any activity in or about their licensed premises that is

detrimental to the orderly control and operation of the licensed premises.

(2) A licensee must not permit any activity in or about their licensed premises that may

interfere with the quiet enjoyment of neighbouring properties.

(3) A licensee must not, personally or through any employee, servant or agent, in or

about the licensed premises permit gambling or the use of any game of chance

contrary to the Criminal Code .

(4) A licensee must ensure that liquor is not offered or given as a prize for a contest

that takes place in their licensed premises.

(5) A licensee must ensure that a game or contest that involves consuming liquor is

not held in their licensed premises.

(6) A licensee of a licensed premises that is open to the public must not permit

pornographic films or programs to be shown in the licensed premises.

(7) A licensee must not permit any activity in the licensed premises that may be

injurious to the health or safety of people in the premises.

(8) A licensee must not permit any activity that contravenes a federal or provincial

enactment or a municipal by-law to take place in the licensed premises.

(9) A licensee must not permit disorderly persons to be in the licensed premises or in

the immediate vicinity outside of the licensed premises.

Removal of patrons from licensed premises

64A

(1) A licensee may request that a person leave the licensed premises or request that a

person stop trying to enter the licensed premises if the person meets any of the

following criteria:

(

a) they are intoxicated;

(

b) they are prohibited from entering the licensed premises;

(

c) they have engaged in any unlawful activity or disorderly conduct in the

licensed premises or in the immediate vicinity of the licensed premises.

(2) A licensee must ensure or arrange for intoxicated patrons to be safely removed

from the licensed premises.

Requirements respecting adult entertainment

65 A licensee that presents adult entertainment in a licensed premises must ensure that all of

the following requirements are met:

(

a) notice of the presentation of adult entertainment must be posted so that it is

clearly visible to customers before they enter the licensed premises;

(

b) there must be no physical contact between customers and adult entertainers,

including a customer placing a tip or gratuity on the adult entertainer or any

part of the adult entertainer’s clothing;

(

c) customers and customer seating areas must be separated from the stage by a

distance of at least 1 m;

(

d) no more than 1 adult entertainer may perform at one time, unless otherwise

approved by the Executive Director;

(

e) animals must not be used as part of adult entertainment;

(

f) any adult entertainment performance must take place exclusively on the

stage.

Person in charge of licensed premises

66 A licensee must ensure that at least 1 person who is knowledgeable about the responsible

sale and service of liquor, and who has completed a responsible alcohol service program

that is approved by the Executive Director, is designated as being in charge of their

licensed premises and is present at the licensed premises at all times.

Licensee must ensure person serving liquor has completed responsible alcohol service

program

66A A permanent licensee must ensure that every person who serves liquor at their licensed

premises and all security employees have completed a responsible alcohol service

program that is approved by the Executive Director.

Requirements for special occasion licensees—service and security employees

66B

(1) In any of the circumstances listed in subsection (2), the Executive Director may

require a special occasion licensee to ensure that employees at their licensed

premises meet the following requirements:

(

a) for persons who serve liquor and security employees, they have completed a

responsible alcohol service program approved by the Executive Director;

(

b) for security employees, they meet all of the following:

(

i) they have completed a security training program approved by the

Executive Director,

(ii) they have provided a report on the results of a criminal record check

showing a clean criminal record, unless the requirement is waived in

accordance with subsection (3),

(iii) they are able to perform the duties of a security employee in a

manner that will not compromise public safety.

(2) The following are the circumstances under which the Executive Director may

require compliance with subsection (1):

(a) 500 or more attendees are expected at the event that the license has been

issued for;

(

b) the event that the license has been issued for is expected to end after 12:00

a.m.;

(

c) the special occasion licensee is a commercial enterprise and live

entertainment is advertised as the primary attraction at the event that the

license has been issued for;

(

d) in the opinion of the Executive Director, it is necessary to ensure public

safety;

(

e) in the opinion of the Executive Director, it is necessary for the special

occasion licensee to ensure care and control of the licensed premises.

(3) The Executive Director may waive the requirement for a clean criminal record

check in subclause (1)(b)(ii) if, in the opinion of the Executive Director, the

offences listed on the criminal record check will not affect the security employee’s

performance of their duties or compromise public safety.

(4) A special occasion licensee must ensure that all security employees wear clothing

that clearly identifies them as a security employee of the licensee while performing

their duties.

Requirements for permanent licensees—security employees

66C

(1) A permanent licensee must ensure that all security employees at their licensed

premises meet all [of] the following requirements:

(

a) they have completed a security training program approved by the Executive

Director;

(

b) they have provided a report on the results of a criminal record check

showing a clean criminal record, unless the requirement is waived in

accordance with subsection (2);

(

c) they are able to perform the duties of a security employee in a manner that

will not compromise public safety;

(

d) they wear clothing that clearly identifies them as a security employee of the

licensee while performing their duties.

(2) The Executive Director may waive the requirement for a clean criminal record

check in clause (1)(

b) if, in the opinion of the Executive Director, the offences

listed on the criminal record check will not affect the security employee’s

performance of their duties or compromise public safety.

(3) For greater certainty, the records that the Executive Director may request under

subsection 48(3B) of the Act include s to an updated report from a permanent

licensee on the results of a criminal record check of any security employee

showing a clean criminal record.

(4) The Executive Director may prohibit a permanent licensee from employing a

person as a security employee if, in the opinion of the Executive Director, the

person has engaged in conduct or behaviour that will likely affect the person’s

ability to perform the duties of a security employee or compromise public safety, as

required by clause (1)(c).

Number of persons in licensed premises

67 A licensee must ensure that the number of persons in their licensed premises does not

exceed the number of persons specified on their license under

Section 22.

Duty to notify Executive Director if licensed premises closed longer than 7 days

(1) A permanent licensee must notify the Executive Director if their licensed premises

will be closed for longer than 7 days.

(2) The Executive Director may suspend a permanent license if the licensed premises

is closed for longer than 7 days.

(3) The Executive Director may lift or extend the suspension of a permanent license

that is suspended under subsection (2).

(4) A permanent license that is suspended by the Executive Director under subsection

(2) is cancelled 12 months after the date the license is suspended, unless one of the

following occurs before the end of the 12 months:

(

a) the license expires;

(

b) a transfer of the license is approved;

(

c) the Executive Director lifts the suspension of the license;

(

d) the Executive Director extends the suspension of the license;

(

e) the permanent licensee appeals the suspension in accordance with

Section

90 and

(

i) the Regulatory and Appeals Board lifts the suspension, or

(ii) at the end of the 12-month period, a decision in the appeal has not yet

been made.

(5) If the suspension of a permanent license is extended under subsection (3), the

permanent license is cancelled 12 months after the date of the extension unless one

of the events set out in subsection (4) occurs before the end of the 12 months.

Class A cabaret licensees to present live entertainment

69 A class A cabaret licensee must present live entertainment in their licensed premises at

least 4 days a week.

Corresponding eating establishments for lounge licensees

(1) In this

Section and in

Section 71, “corresponding eating establishment” means the

premises covered by the eating establishment license held by a lounge licensee as

required by subsection 48(7) of the Act.

(2) Except as provided in subsection (3), a lounge licensee must operate their

corresponding eating establishment as an eating establishment for at least 5 hours

on any day that the licensee operates their lounge.

(3) A lounge licensee may temporarily close their corresponding eating establishment

while operating their lounge for a period of no longer than 14 days if the lounge

licensee has submitted a written request to the Executive Director and the

Executive Director has approved the temporary closure of the corresponding eating

establishment.

Operating combined lounge and eating establishment

(1) The Executive Director may permit a lounge licensee to operate that part of their

premises covered by their lounge license under their eating establishment license if

the corresponding eating establishment is adjacent to the lounge and suitable

access is provided between the 2 areas.

(2) The Executive Director may permit a lounge licensee to operate that part of their

premises covered by their eating establishment license under their lounge license if

the corresponding eating establishment is adjacent to the lounge and suitable

access is provided between the 2 areas.

Designation of holding area in eating establishment

(1) An eating establishment licensee may designate an area in their licensed premises

as a holding area for customers who are waiting to be seated in the dining area of

their licensed premises.

(2) A holding area must not be larger than is reasonably required to accommodate

customers waiting to be seated in the dining area of their licensed premises.

Duty to notify Executive Director

(1) A licensee must notify the Executive Director of any first responder presence at

their licensed premises in relation to an incident involving a patron in or about

their licensed premises no later than 10 days after the incident, and must provide

details of the incident.

(2) A licensee must notify the Executive Director of any allegation of the use of

excessive force by a security employee involving a patron in or about their licensed

premises no later than 10 days after the allegation and must provide details of the

incident giving rise to the allegation.

(3) A licensee must notify the Executive Director of any police charge laid in relation

to an incident in or about their licensed premises or in relation to an activity

occurring in or about their licensed premises no later than 10 days after the date the

charge is laid, and must provide details of the incident or activity that is the subject

of the charge.

(4) A licensee must notify the Executive Director if the licensee has information

indicating that a security employee of the licensee has been convicted of an offence

under the Criminal Code (Canada), or the Controlled Drugs and Substance [ s ] Act

(Canada), after the date of the criminal record check for the security employee,

provided to the licensee under clause 66C(1)(b).

(5) A licensee must notify the Executive Director if the licensee has information

indicating that a security employee of the licensee has been charged with a criminal

offence or engaged in conduct or behaviour that may affect the security employee’s

performance of their duties no later than 10 days after the licensee discovers such

information.

Advertising for licensed premises

(1) A licensee may advertise liquor, beer or wine as set out in this Section.

(2) A licensee may advertise using any medium.

(3) A licensee may include any or all of the following information for their licensed

premises in an advertisement:

(

a) liquor prices;

(

b) hours of sale;

(

c) names of liquor manufacturers or brands sold.

(4) A licensee must not use an advertisement that does any of the following:

(

a) encourages people to drink liquor irresponsibly;

(

b) depicts people drinking liquor;

(

c) depicts a person who is intoxicated;

(

d) depicts a person behaving irresponsibly or illegally;

(

e) implies that driving while consuming or having consumed liquor is

acceptable conduct;

(

f) directly targets minors or is used in locations used or visited mostly by

minors;

(

g) depicts liquor as one of life’s necessities;

(

h) depicts liquor as a key to social acceptance or personal success;

(

i) depicts liquor as central to the enjoyment of any activity;

(

j) depicts liquor as a status symbol;

(

k) uses pictures or descriptions of minors or of personalities, images or

activities that may appeal to minors.

Licensees’ records kept at licensed premises

(1) A licensee must keep all of the following records and have them available in their

licensed premises at all times:

(

a) liquor purchase records;

(

b) liquor sales records;

(

c) liquor disposal records;

(

d) employee records, including all of the following for each of their

employees:

(

i) name,

(ii) address,

(iii) salary,

(iv) primary job responsibility,

(

v) shift schedules,

(vi) dates of employment,

(vii) confirmation that the employee has completed a responsible alcohol

service program that is approved by the Executive Director,

(viii) confirmation that a security employee has completed a security

training program that is approved by the Executive Director,

(ix) all records relating to the results of criminal record checks for

security employees;

(

e) records of the quantity and price of liquor servings;

(

f) records of any liquor sampling conducted under

Section 62 or 63;

(

g) all records relating to infusing liquor under subsection 52(3)[;]

(

h) all records relating to any person under 19 years old that is providing or has

provided entertainment on the licenses [licensed] premises under

Section

46;

(

i) all records relating to the presence of any first responder on the licenses

[licensed] premises under subsection 73(1);

(

j) all records relating to an allegation of [the] use of excessive force by a

security employee under subsection 73(2).

(2) A licensee must retain the records listed in subsection (1) for at least 3 years.

Licensee’s Employees

Employees not to consume liquor while on duty

76 A licensee must not permit an employee of the licensee to consume liquor in their

licensed premises while on duty, other than liquor consumed in the presence of a

registered representative to sample the liquor.

Employees not rewarded based on sales

77 A licensee must not pay or reward anyone based on the amount of liquor they sell at their

licensed premises.

Inspections

Powers of inspectors

(1) To ensure compliance with the Act and its regulations, an inspector may enter and

inspect any of the following places:

(

a) a licensed premises;

(

b) a place that is the subject of an application for license;

(

c) any place, whether inside or outside a licensed premises, that could

reasonably be expected to be used in connection with selling, storing or

delivering liquor;

(

d) a vehicle that is being used in the delivery of liquor under Sections 58C and

58D.

(2) In carrying out an inspection, an inspector may do any or all of the following:

(

a) take samples of liquor from a licensee or any person in a licensed premises;

(

b) inspect, audit, examine and make copies of any records, documents, video

surveillance footage, books of account or receipts relating to liquor, a

licensee or licensed premises;

(

c) temporarily remove any of the items listed in clause (

b) for those purposes;

(

d) interview a licensee or any agents of a licensee about any of their records,

documents, books of account or receipts;

(

e) interview and request identification from any person who appears to be a

minor and is found in a licensed premises;

(

f) interview and request identification from any person who appears to be

under the influence of liquor in a licensed premises;

(

g) interview and request identification from any person who is found in a

licensed premises after the time specified on the license for the premises to

stop selling and dispensing liquor;

(

h) seize identification from any person interviewed under this subsection if the

inspector has reasonable grounds to believe that the identification is false or

has been altered.

(3) An inspector must carry identification in the form determined by the Executive

Director and present it on request to a licensee of the licensed premises being

inspected, to any other licensee or to any person being interviewed.

Obstructing inspector

79 A licensee must not obstruct an inspector while the inspector is performing their duties

or exercising their powers.

Duty to assist inspector

80 A licensee must do any of the following when requested to by an inspector:

(

a) assist the inspector in carrying out an inspection;

(

b) provide the inspector with records, documents, books of account and

receipts and provide a place where they may be examined, audited or

copied.

Inspector may direct licensee to lower volume

(1) An inspector may direct a licensee presenting entertainment in a licensed premises,

including a patio or other outdoor licensed area, to lower the volume of the

entertainment or turn off the amplification of the entertainment.

(2) A licensee must comply with a direction under subsection (1).

Administrative Penalties

Executive Director may impose administrative penalty

(1) The Executive Director may impose an administrative penalty on a permanent

licensee who does any of the following by serving a notice of administrative

penalty on the permanent licensee:

(

a) contravenes a provision of the Act or these regulations;

(

b) fails to comply with a term or condition of a license.

(2) Each contravention or failure to comply under clause (1)(

a) or (

b) may be the

subject of a separate administrative penalty.

(3) A notice of administrative penalty served on a permanent licensee under this

Section must be in writing and contain all of the following information:

(

a) the name of the permanent licensee on whom the administrative penalty is

imposed;

(

b) the provision of the Act or these regulations, or license condition that was

contravened and resulted in the administrative penalty;

(

c) the details of the contravention of the Act or these regulations or license

condition that resulted in the administrative penalty;

(

d) the amount of the administrative penalty;

(

e) when and how the administrative penalty must be paid;

(

f) the process for filing an appeal of the administrative penalty.

(4) The Executive Director may require a licensee to post a notice at the licensed

premises stating that an administrative penalty has been imposed for the premises

and giving the reason for the administrative penalty.

Serving notice of administrative penalty

(1) A notice of administrative penalty is deemed to have been served on a permanent

licensee if any of the following have been performed:

(

a) it has been delivered personally to the permanent licensee;

(

b) it has been sent by courier or registered mail to any of the following:

(

i) the permanent licensee’s licensed premises;

(ii) the permanent licensee’s last known business address,

(iii) the permanent licensee’s usual place of residence;

(

c) it has been sent by electronic means to the permanent licensee’s last known

business e-mail address.

(2) A notice of administrative penalty is deemed to have been served on the following

dates:

(

a) for a notice sent by electronic means, the date it is transmitted;

(

b) for a notice sent by courier, the date it is delivered to the courier;

(

c) for a notice sent by registered mail, the date it is mailed.

(3) A notice of administrative penalty must be served no later than 2 years from the

date of contravention or failure to comply under clause s (1)(

a) or (

b) for which the

administrative penalty is imposed.

Amount of administrative penalty

(1) The amount of an administrative penalty imposed is at the discretion of the

Executive Director, but must be within the following ranges and subject to the

considerations in subsection (2):

(

a) for a first offence, between $500 and $3000;

(

b) for a second offence, between $1000 and $7000;

(

c) for a third or subsequent offence, between $2000 and $10 000.

(2) All of the following are the considerations for setting an administrative penalty:

(

a) the severity of the contravention or failure to comply;

(

b) the degree of wilfulness or negligence exhibited by the licensee in relation

to the contravention;

(

c) any mitigating actions taken by the licensee relating to the contravention;

(

d) whether steps were taken to prevent reoccurrence after the contravention;

(

e) the licensee’s history of contravening the Act or regulations;

(

f) the licensee’s history of failing to comply with terms or conditions on [of] a

license;

(

g) whether the licensee received a financial benefit because of the

contravention or failure to comply;

(

h) any additional factors the Executive Director considers relevant in

determining the administrative penalty amount.

(3) If a notice of administrative penalty for a contravention or failure to comply is

served 3 or more years after the date that any previous notice of administrative

penalty was served on a licensee, the contravention or failure to comply is

considered to be a first offence under subsection (1).

Agreement instead of administrative penalty

(1) The Executive Director may revoke or reduce an administrative penalty imposed

on a permanent licensee and enter into an agreement with the permanent licensee

instead.

Executive Director considers necessary and must specify when the terms and

conditions must be met.

an agreement under this

Section by the specified date must pay the original

administrative penalty that was imposed.

Payment of administrative penalty

86 A permanent licensee who is served a notice of administrative penalty must pay the

administrative penalty

(

a) no later than 60 days after the date the notice of administrative penalty is

served; or

part of an agreement under

Section 85 by the specified date, immediately on

that date.

Failure to pay administrative penalty

87 An administrative penalty that is not paid by the deadline in

Section 86 is a debt due to

the Crown in right of the Province.

Disciplinary Action and Referrals to Regulatory and Appeals Board

Disciplinary action against permanent licensee

(1) If the Executive Director proposes to take action under clause 47B(1)(

a) of the Act,

the Executive Director must serve a notice of proposed action on the permanent

licensee.

(2) A notice of proposed action may be in any form, but it must be in writing and

include all of the following:

(

a) a description of the proposed action, as set out in clause 47(1)(b), (

c) or (

d) of the Act, as applicable;

(

b) written reasons supporting the proposed action, including how the

permanent licensee has failed to comply with the conditions of a permanent

license, has contravened the Act or these regulations or has been convicted

of an offence under the Criminal Code (Canada) or a quasi-criminal statute,

as applicable, as set out in subsection 47B(1) of the Act;

(

c) a statement that the permanent licensee may object in writing to the

proposed action in accordance with subsections (3) and (4);

(

d) a description of the actions available to the Executive Director under

subsection (5).

(3) To object to a proposed action, the permanent licensee on whom the notice of

proposed action was served must file a written notice of objection with the

Executive Director no later than 14 days after the date the notice of proposed

action was served on the permanent licensee.

(4) A notice of objection may be in any form, but it must be in writing and include all

of the following:

(

a) the name, address and phone number of the permanent licensee;

(

b) a copy of the notice of proposed action;

(

c) the reason the permanent licensee objects to the proposed action.

(5) After considering any objection to a notice of proposed action, the Executive

Director must do 1 of the following:

(

a) take the proposed action;

(

b) rescind the notice of proposed action;

(

c) vary the proposed action, but only if the action taken is permitted by clause

47(1)(b), (

c) or (

d) of the Act;

(

d) refer the matter to the Regulatory and Appeals Board in accordance with

subsection 47B(1)(

b) of the Act.

(6) The Executive Director must serve notice of the decision made under subsection

(5) on the permanent licensee who is the subject of the decision.

Immediate action against permanent licensee

(1) The Executive Director may take immediate action against a permanent licensee

under clause 47B(1)(

a) of the Act if, in the opinion of the Executive Director, the

permanent licensee is providing liquor to patrons in an irresponsible manner, is

unable to ensure the care and control of the licensed premises or is otherwise

acting in a manner that may threaten public safety.

(2) For immediate action taken under subsection (1), the notice and objection

provisions in

Section 88 do not apply.

(3) The Executive Director must serve notice of the immediate action taken, including

reasons supporting the action, on the permanent licensee against whom the action

is taken, and the action is effective immediately on the notice being served.

(4) A permanent licensee may appeal an immediate action to the Regulatory and

Appeals Board in accordance with

Section 90 if the action

(

a) imposes or amends conditions on their permanent license on an ongoing

basis;

(

b) suspends their permanent license on an ongoing basis; or

(

c) cancels all or any part of their permanent license.

(5) In addressing an appeal of an immediate action, the Regulatory and Appeals Board

must only confirm, vary or revoke the immediate action from the date of the

Board’s decision forward, and must not determine the correctness of the action

taken by the Executive Director.

Appeal of licensing decision, disciplinary decision or administrative penalty

(1) To appeal a decision of the Executive Director on licensing under

Section 47A of

the Act, a disciplinary action taken by the Executive Director under subsection

47B(2) of the Act or an administrative penalty imposed or the amount of an

administrative penalty imposed by the Executive Director under these regulations,

the permanent licensee or applicant for a permanent license must file a notice of

appeal with the Regulatory and Appeals Board no later than 14 days after the date

of the Executive Director’s decision or action.

(2) A notice of appeal may be in any form, but it must be in writing and include all of

the following:

(

a) the name, address and phone number of the permanent licensee or applicant

for a permanent license;

(

b) a copy of the Executive Director’s decision that is being appealed;

(

c) the remedy the permanent licensee or applicant for a permanent license is

seeking on appeal.

(3) On receipt of a notice of appeal, the Regulatory and Appeals Board must provide a

copy of it to the Executive Director.

(4) A hearing by the Regulatory and Appeals Board to determine a matter in an appeal

may be held as an oral hearing or through written submissions, as the Board

considers appropriate.

(5) The Regulatory and Appeals Board may determine its own rules respecting

practice and procedure for an appeal.

(6) A permanent licensee or applicant for a permanent license may be represented by

counsel in an appeal.

(7) The following are parties to an appeal:

(

a) the permanent licensee or applicant for a permanent license;

(

b) the Executive Director;

(

c) any person that the Regulatory and Appeals Board specifies.

(8) The Executive Director may choose a designate to participate in an appeal on

behalf of the Executive Director.

(9) Unless it is rescinded under

Section 47C of the Act, a decision of the Executive

Director that is not appealed is final and binding.

Rescinding decision

(1) Subject to subsection (2), the Executive Director may rescind a decision in

accordance with

Section 47C of the Act no later than 28 days after the date of the

decision.

(2) A decision that is appealed to the Regulatory and Appeals Board is not rescindable

once the Board has rendered a decision in the appeal.

(3) On rescinding a decision, the Executive Director must serve notice of the

rescission

(

a) on the permanent licensee or applicant for a permanent license who is the

subject of the decision; and

(

b) if the decision has been appealed to the Regulatory and Appeals Board, on

the Board.

(4) On receipt of a notice that the Executive Director has rescinded a decision that has

been appealed to the Regulatory and Appeals Board, the Board must serve notice

of the rescission on any person that the Board has specified as a party to the appeal.

Notice of referral to Regulatory and Appeals Board

(1) If the Executive Director refers a licensing matter to the Regulatory and Appeals

Board under subsection 47(3) of the Act or refers a disciplinary action to the

Regulatory and Appeals Board under clause 47B(1)(

b) of the Act, a notice of the

referral must be

(

a) filed with the Regulatory and Appeals Board; and

(

b) served on the permanent licensee or applicant for a permanent license who

is the subject of the referral.

(2) A notice of referral may be in any form, but it must be in writing and include all of

the following:

(

a) whether the referral is made under subsection 47(3) or clause 47B(1)(

b) of

the Act;

(

b) the matter to be determined by the Regulatory and Appeals Board;

(

c) a statement that the permanent licensee or applicant for a permanent license

has a right to participate in the referral process.

Referral of licensing matter

(1) The Regulatory and Appeals Board may determine its own rules respecting

practice and procedure for a licensing matter that has been referred to it by the

Executive Director under subsection 47(3) of the Act.

(2) A permanent licensee or applicant for a permanent license may be represented by

counsel in a licensing matter.

(3) Once a permanent licensee or applicant for a permanent license is notified that a

licensing matter has been referred to the Regulatory and Appeals Board and given

an opportunity to participate, the Board may proceed without the participation of

the licensee or applicant without further notice to the licensee or applicant.

(4) A hearing by the Regulatory and Appeals Board to determine a licensing matter

may be held as an oral hearing or through written submissions, as the Board

considers appropriate.

(5) The Executive Director must give the Regulatory and Appeals Board a copy of any

documentation submitted under these regulations by a permanent licensee or

applicant for a permanent license with respect to whom a licensing matter has been

referred to the Board.

(6) As set out in subsections 47(1) and (3) of the Act, in determining a licensing

matter, the Regulatory and Appeals Board may, subject to the Act, but otherwise in

the Board’s discretion, do any of the following:

(

a) grant, renew and transfer licenses to sell liquor in accordance with the

conditions of the licenses and of the Act and these regulations;

(

b) impose conditions on any license or rescind or amend existing conditions on

a license in accordance with the Act and these regulations;

(

c) suspend all or any part of a license for such time that the Board considers

appropriate;

(

d) cancel all or any part of a licence;

(

e) impose an administrative penalty in accordance with the ranges for

penalties in subsection 84(1) and the considerations set out in clauses

84(2)(

a) to (g).

Referral of disciplinary matter

(1) The Regulatory and Appeals Board may determine its own rules respecting

practice and procedure for a disciplinary matter that has been referred to it by the

Executive Director under [clause] 47B(1)(

b) of the Act.

(2) A permanent licensee may be represented by counsel in a disciplinary matter.

(3) Once a permanent licensee is notified that a disciplinary matter has been referred to

the Regulatory and Appeals Board and given an opportunity to participate, the

Board may proceed without the permanent licensee’s participation without further

notice to the licensee.

(4) A hearing by the Regulatory and Appeals Board to determine a disciplinary matter

may be held as an oral hearing or through written submissions, as the Board

considers appropriate.

(5) As set out in clauses 47E(2)(

a) to (

e) and subsection 47E(3) of the Act, in

determining a disciplinary matter, the Regulatory and Appeals Board may, subject

to the Act, but otherwise in the Board’s discretion, do any of the following:

(

a) impose conditions on a license;

(

b) rescind or amend existing conditions on a license;

(

c) suspend all or any part of a license for any period of time that the Board

considers appropriate;

(

d) cancel all or any part of a licence;

(

e) impose an administrative penalty in accordance with the ranges for penalties

in subsection 84(1) and the considerations set out in clauses 84(2)(

a) to (g);

(

f) order, in accordance with the Act and these regulations, another remedy that

the Board considers appropriate.

Suspended licenses

(1) On suspending a license, the Executive Director must set the date that the

suspension begins.

(2) The Executive Director may require that a notice be posted at a licensed premises

for which the license is suspended that states that the license has been suspended

by the Executive Director and giving the reason for the suspension.

Suspension of license on bankruptcy or receivership of permanent licensee

(1) The permanent license of a permanent licensee who goes into bankruptcy or

receivership is suspended as of the date of the receiving order, the receivership

appointment or receivership order, as the case may be.

(2) A permanent license that is suspended because the licensee goes into bankruptcy or

receivership expires 12 months from the date the license is suspended unless 1 of

the following occurs before the end of the 12 months:

(

a) the license expires because the expiry date set out on the license passes;

(

b) a transfer of the license is approved;

(

c) the receiver, trustee or liquidator has applied to the Executive Director to

approve the operation of the licensed premises under a permanent license

held in trust by the receiver, trustee or liquidator and the Executive Director

has approved the operation for a period of no longer than 6 months.

Suspension of license on foreclosure of licensed premises

(1) The license of a permanent licensee whose licensed premises is [are] subject to

foreclosure is suspended as of the date of the order for foreclosure and sale.

(2) A permanent license suspended because a licensed premises is [are] subject to

foreclosure remains suspended for no longer than 6 months, as determined by the

Executive Director, after which the permanent license expires.

Public Consultations

Form and manner of public consultation

(1) The Executive Director must provide public notice of a public consultation using

at least 1 of the following methods:

(

a) newspaper;

(

b) mail distribution;

(

c) a method that provides reasonable notice to the public, as determined by the

Executive Director.

(2) Public notice of a public consultation must be

(

a) publicly available for at least 5 business days; and

(

b) provided in

(

i) the licensing area where the licensed premises is [are] located, if a

permanent license has already been granted, or

(ii) the licensing area where the proposed licensed premises is [are] to be

located, if a permanent license is being sought.

(3) Public notice of a public consultation must be in writing and include all of the

following:

(

a) the reason for the public consultation;

(

b) the name of the permanent licensee or applicant for a permanent license

whose licensed or proposed licensed premises is [are] the subject of the

public consultation;

(

c) the location of the licensed or proposed licensed premises that is [are] the

subject of the public consultation;

(

d) for a public consultation on an application for a permanent license, as

required under subsections 49(8) and 49(12) of the Act, the approximate

maximum number of persons that the proposed licensed premises may hold,

in accordance with subsection 22(1);

(

e) a statement that any person may, by filing a notice with the Executive

Director by the deadline set in the public notice,

(

i) object to the application, if an application for a permanent license is

the subject of the public consultation, or

(ii) comment on a matter that is the subject of the public consultation.

Notice of comment or objection

(1) A notice of comment or objection filed as part of a public consultation must be in

writing and include all of the following:

(

a) the name, address and phone number of the person providing the comment

or objection;

(

b) the name of the permanent licensee or applicant for a permanent license or

the location of the licensed premises or proposed licensed premises that is

the subject of the comment or objection;

(

c) the comment or objection.

(2) On receiving a comment or objection about a matter that is the subject of a public

consultation, the Executive Director

(

a) must consider the comment or objection; and

(

b) may make inquiries, request documentation or hold a meeting for the

purpose of determining the matter.

Information from previous public consultation held in municipality

100 If a licensing matter on which the Executive Director is holding a public consultation has

already undergone a public consultation or hearing in the municipality where the licensed

premises or proposed licensed premises is [are] located, the Executive Director may

consider any information from that previous consultation or hearing in determining the

matter under

Section 102.

Referring matter to Regulatory and Appeals Board before or after public consultation

(1) The Executive Director may refer a matter to the Regulatory and Appeals Board

for determination either before or after any public consultation has taken place.

(2) If the matter is referred to the Regulatory and Appeals Board before any public

consultation has taken place, in addition to determining the matter, the Board is

responsible for any public consultation held respecting the matter.

(3) The Executive Director may assist in a public consultation held by the Regulatory

and Appeals Board, as directed by the Board.

Determination after public consultation

(1) After holding a public consultation for the purpose of determining whether to grant

a license, in accordance with subsection 49(8) or 49(12) of the Act, the Executive

Director must do 1 of the following:

(

a) grant the application for a permanent license, and impose any conditions on

the license that the Executive Director determines, in accordance with the

Act and these regulations;

(

b) refuse to grant the application for a permanent license;

(

c) refer the matter to the Regulatory and Appeals Board in accordance with

subsection 47(3) of the Act.

(2) After holding a public consultation for the purpose of determining whether to

impose, rescind or amend conditions on a permanent license in accordance with

subsection 27(2) of these regulations, the Executive Director may

(

a) impose conditions on the license;

(

b) rescind or amend existing conditions on the license; or

(

c) refer the matter to the Regulatory and Appeals Board in accordance with

subsection 47(3) of the Act.

Documents

Service of documents and deemed receipt

(1) A document that is served under these regulations must be served

(

a) in the case of an individual,

(

i) personally,

(ii) by registered mail to the individual’s most recent address known to

the person sending the document, or

(iii) by facsimile or other electronic transmission that allows proof of

successful transmission; or

(

b) in the case of a corporation,

(

i) personally on the recognized agent or a director, manager or officer

of the corporation,

(ii) by registered mail to the registered office of the corporation or, for an

extra-provincial corporation, to the office of its legal counsel in the

Province, or

(iii) by facsimile or other electronic transmission that allows proof of

successful transmission.

(2) Service under these regulations to a licensee who cannot be found in the Province

may be effected by posting a copy of the document being served in a conspicuous

place on the premises for which the license is held.

(3) Any document that is served by registered mail is deemed to have been received by

the addressee 3 days after the date of the first attempt by the postal service to

deliver the document, unless the addressee establishes that they did not, acting in

good faith, through absence, incident, illness or other cause beyond their control,

receive a copy of the document until a later date than the deemed date of receipt.

(4) Service by facsimile or other electronic transmission is deemed to have been

received the day after it was sent or, if that deemed date of receipt is a Saturday or

a holiday, on the next day that is not a Saturday or a holiday, unless the person

being served establishes that they did not, acting in good faith, through absence,

incident, illness or other cause beyond their control, receive a copy until a later date

than the deemed date of receipt.

Certified copy admissible in evidence

104 A copy of a document that purports to be certified by the Executive Director or an

inspector as being a true copy of the original is admissible in evidence in any proceeding

under the Act or these regulations.

Legislative History

Reference Tables

Liquor Licensing Regulations

N.S. Reg.

365/2007

Liquor Control Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Liquor Licensing Regulations made under the Liquor Control Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

365/2007

Aug

17, 2007

date

specified

Aug

31, 2007

179/2008

Apr 1, 2008

date specified

Apr 18, 2008

448/2008

Dec 19, 2008

date specified

Jan 2, 2009

120/2009

Apr 1, 2009

date specified

Apr 14, 2009

100/2010

Jun 29, 2010

date specified

Jul 16, 2010

94/2011

Apr 1, 2011

date specified

Apr 15, 2011

317/2011

Jan 4, 2012

date specified

Dec 30, 2011

120/2013

Apr 1, 2013

date specified

Apr 12, 2013

15/2014

Jan 28, 2014

date specified

Feb 21, 2014

165/2014

Oct 28, 2014

date specified

Nov 14, 2014

118/2015

Apr 1, 2015

date specified

Apr 8, 2015

63/2016

Apr 5,

date specified

Apr

15, 2016

138/2016

Jul 4,

date specified

Jul

22, 2016

10/2017

Jan

24, 2017

date specified

Feb 3,

50/2020

Mar

30, 2020

date specified

Apr

24, 2020

83/2021

May

26, 2021

date specified

Jun 4,

84/2021

May

26, 2021

date specified

Jun 4,

85/2021

May

26, 2021

date specified

Jun 4,

43/2023

Mar 1,

date specified

Mar

10, 2023

149/2024

Dec 1,

date specified

Aug 9,

128/2026

Jun 1,

date specified

Jun

12, 2026

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2 ........................................................

am.

128/2026 (clause lettering removed)

2( ba ) defn .

of “cider” ..................

ad. 84/2021

2, defn . of “c