AGCO INSPECTIONS
All locations are inspected by AGCO inspectors for compliance with the LLCA, the regulations and the standards and requirements established by the Registrar. You must provide AGCO inspectors unobstructed access to your business and you must facilitate their inspections. AGCO inspectors may conduct inspections on the following:
- Selling or supplying liquor to individuals who are, or appear to be, under the age of 19;
- Selling liquor to anyone who is, or appears to be, intoxicated;
- Selling or supplying liquor (beer, wine (including cider) or ready-to-drink beverages) outside of permissible hours;
- Selling or supplying liquor (beer, wine (including cider) or ready-to-drink beverages) not purchased from the LCBO (considered illegal liquor); and
- Inspections to determine compliance with all other regulatory requirements relevant to the operation of a grocery store licence.
A violation of the LLCA, its regulations, or the standards and requirements established by the Registrar may result in a warning, an order of monetary penalty, suspension or revocation of your licence. In addition, local police may lay charges.
ORDERS OF MONETARY PENALTY/HEARINGS
A violation of the LLCA, its regulations, or the standards and requirements established by the Registrar may result in the issuance of an Order of Monetary Penalty (OMP). Monetary penalties are part of the AGCO’s compliance tool kit, and act as a bridge between a warning and suspension or revocation of a licence, permit, authorization, or registration. Monetary penalties provide the AGCO with an additional compliance tool for working with its regulated entities before a suspension or revocation may be necessary.
In other words, monetary penalties are designed to promote compliance so that the suspension or revocation of a licence may not become a necessary measure. In the case of a repeated or severe infraction, a monetary penalty may not be imposed even if it is available; instead, the Registrar may propose an immediate suspension or revocation of the licence, where appropriate.
If you are issued an OMP by the Registrar, you will have 15 days to request an appeal before the Licence Appeal Tribunal (LAT). If you choose not to request an appeal before LAT, you are required to pay the amount specified in the OMP.
If you choose to request an appeal before LAT, LAT will inform you of the appeal date and location. After holding a hearing, LAT may either confirm the monetary penalty or set it aside (LAT cannot vary the amount of the penalty).
For additional information on monetary penalties, please see the Schedule of Monetary Penalties: Liquor Licence and Control Act and its Regulations
Tips on Meeting Regulatory Requirements
The following outlines some information and tips that convenience store licensees may want to consider to help them meet regulatory requirements.
- Minors: What to Look For
The legal drinking age in the province of Ontario is 19 years of age. Selling beer, wine (including cider) or ready-to-drink beverages to people who are under 19 years of age is a contravention of the LLCA.
If a customer appears to be under the age of 19, licensees must ask them for valid ID before selling the customer beer, wine (including cider) or ready-to-drink beverages. If you or your employee doubt the legitimacy of an individual’s ID, you may consider requesting a second piece of ID.
- Intoxicated Customers: What to Look For
As a licensed convenience store licensee, you cannot sell beer, wine (including cider) or ready-to-drink beverages to a person who is or appears to be intoxicated. A customer exhibiting signs of intoxication must be refused the sale of beer, wine (including cider) and/or ready-to-drink beverages.
- Second Party Purchasers: What to Look For
A “second party purchaser” is someone who purchases beer, wine (including cider) or ready-to-drink beverages on behalf of someone else, who may not be legally permitted to purchase it themselves (e.g. a minor or a person who is intoxicated). You and your staff should be aware of the indicators that a customer is a second party purchaser. For example, if a customer purchasing beer was previously observed speaking to or was accompanied into the convenience store by a minor or intoxicated person, he or she may be purchasing beer for that person.