Public Notice Process: a guide for objecting to a Liquor Sales Licence application in your municipality

The public notice process offers residents in the municipality an opportunity to respond to a liquor sales licence application and to voice any concerns or objections to the application within the time period set as advertised and posted on the placard.

We lay out the process below from beginning to end, to help licensees, applicants, and members of the public (objectors) understand what is involved and what to do.

A liquor licence may be issued unless, under the Liquor Licence Act and Control Act, 2019, it is found not to be in the public interest with respect to the needs and wishes of the residents of the municipality where the premises are located. 

The AGCO posts a public notification to allow local residents the opportunity to comment on the proposed licence when:

• an application for a liquor sales licence has been filed with the AGCO and there has been no liquor sales licence at that address for at least six (6) months
• an existing licensee wishes to licence an outdoor space such as a patio, 
• an existing licensee wishes to increase the licensed capacity (indoor or outdoor) of the establishment by more than 25%

The Registrar may also require public notification due to the location or the past compliance history of an establishment.

The Licence Appeal Tribunal (LAT) will post a public notification where an existing licensee wishes to remove a condition(s) imposed on the licence as a result of a hearing before a panel of the Board of the AGCO or the Licence Appeal Tribunal . 

After an application is submitted, the AGCO will determine the dates of the posting period and will email the public notice placard to the applicant. 

Where public notices are posted

To properly notify the public, the licensee/applicant posts a placard at the physical location. 

Public notice is also posted by the AGCO:

• Daily on X (formerly Twitter)
• Daily records on iAGCO (find out more about searching on iAGCO)
• Subscribe to receive daily emails on new applications in your area

What is included in an objection

Residents (or municipalities) wishing to object to an application may do so online at iAGCO . Your objection must include:

• The name of and address of the proposed liquor licensed establishment
• Your name and address
• Your phone number
• The basis for your objection
• Whether you would be willing to attend a meeting or hearing about the application

If you are concerned with parking or garbage problems created by a new bar or restaurant, contact your local municipal office.

Who can make an objection

Objections about a Liquor Sales Licence application can only be made by:

• A resident of the municipality in which the proposed premises is located.
• The municipality representing the area in which the proposed premises is located. If the municipality is a lower-tier municipality, then the upper-tier municipality of which it forms a part may also make a submission.

How to submit an objection to a liquor sales licence application on iAGCO

Objections can only be made via iAGCO and must be received before the submission deadline. Anonymous submissions will not be formally considered, but rather as general information.

Step 1: search for the application on iAGCO

Use the Search tool on iAGCO to find the liquor sales licence application you would like to object to. iAGCO has a record of all applications filed with the AGCO for which a public notification is required. An account is not required.

1. Go to iAGCO .

2. Under File Objection / Submission & Search for Applications Undergoing Public Notices, select Search.

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3. On the search screen:
   • Under Category – use the drop-down menu to select Liquor
   • Under Type – use the drop-down menu to select Liquor Sales Licence
   • If you know a specific File Number, Premises Name, Premises Address, or Applicant name, you can narrow down your search by entering them in the applicable fields. You can also leave all of those fields blank to perform a general search for all active applications.
4. Click Search.

Once you find the application you are looking for in the search results, proceed to Step 2.

Step 2: file your objection

If you have concerns about a proposed licensed premises or an expansion of an existing licensed premises in your community for which a public notice has been posted, you can file an objection to the application. File your objection before the public notice deadline, which can be found on the notice posted at the premises and when you find the application on iAGCO (see Step 1). 

1. In the Search Results table from Step 1, select the File Number of the location you are objecting to. 

2. Select File to begin your objection.

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3. You will be asked if you want to submit this objection anonymously. Objections submitted anonymously will not be formally considered and will not be included in the public objection process.
4. If you’d like your objection to be considered formally, provide your Name, Contact Information, and Address. 
5. Outline your concerns specific to the location. You have the option to include documents to support your submission.
   1. In stating your objection, be as specific as possible. Explain why the addition or expansion of the proposed liquor licensed establishment would be of concern to your neighbourhood. Relate your objection to the impact of the sale and service of liquor or any previous problems at the premises.
6. Complete the Security Check. 
7. Click Submit.

Once the deadline passes, the AGCO will then have a decision to make based on the information received. 

a) If there are no valid objections 

If there are no valid objections received by the deadline for submissions, the public notice process ends, and the application will proceed through the licensing process.  

b) If valid objections are received 

If the AGCO receives a written objection to the issuance of a liquor sales licence by the date indicated on the placard, and it is determined by the Registrar that the objection is not frivolous or vexatious, then a decision will be made to either first set up a public meeting at the AGCO or issue a Notice of Proposal to Review the Licence Application which can be appealed to the Licence Appeal Tribunal (LAT).

i. The Public Meeting

A public meeting is an informal meeting between the liquor licence applicant, the objectors and a Deputy Registrar of the AGCO. This meeting may be arranged as a telephone conference call.

A public meeting is your opportunity to explain to the Deputy Registrar why you believe the establishment should not receive a liquor sales licence or be permitted to expand its licensed areas.

It is also an opportunity for both sides to clarify matters of concern and possibly resolve the issue. For example, if you are worried about loud noise coming from a licensed patio near your home, the applicant might agree to a condition on the liquor licence restricting the playing of music on the patio. The AGCO encourages residents and liquor licence applicants to work out a satisfactory solution for all concerned.

Decision point: At a public meeting, the Deputy Registrar can either approve the application. If the issues cannot be resolved, issue a Notice of Proposal to Review the Licence Application which can be appealed to the LAT.

ii. The Hearing

More formal than a public meeting, a hearing is a quasi-judicial proceeding held before a panel of one or more members of the LAT. An administrative hearing is less formal than a court proceeding, however, the panel hears sworn testimony on behalf of both parties and has the power to make a decision about the outcome of the matter.

Preparing for a Hearing

It is important that objectors carefully organize their case before the hearing. Your group may choose to retain a lawyer or nominate a spokesperson to be “party to the proceedings” and act as the objectors’ representative at the hearing. The lawyer or representative may give evidence, call upon other individuals (witnesses) to give evidence, question the applicant’s witnesses and present relevant documents such as petitions, photos, police reports, maps of the area indicating other liquor-licensed establishments, schools and homes, etc.

You may wish to review relevant laws, particularly the Liquor Licence and Control Act, 2019, its regulations and standards or requirements established by the Registrar. Copies of the Liquor Licence and Control Act, 2019 and its regulations are available for purchase through Publications Ontario, 777 Bay Street, Toronto, Ontario. To order copies by mail, call 1-800-668-9938. Copies are also available through the Government of Ontario’s website at www.ontario.ca/laws .

The Hearing Process

If party status for the objectors’ representative has not been determined at the case conference, then the objectors’ representative may bring a motion before the hearing panel to request “party” status to the proceedings. After other preliminary matters, such as the swearing in of interpreters, your spokesperson will call witnesses and file documents to support your position.

Testimony is given under oath and it is an offence to give false evidence. The liquor licence applicant may call witnesses and file documents to support its case. Each side may ask questions of the other side’s witnesses once they have testified. This is called cross-examination.

After all the evidence has been introduced, each party will make its closing argument. The closing argument should highlight relevant aspects of the evidence and summarize why the party submits the LAT should find in its favour.

Revised Rules of Practice

The LAT’s Rules of Practice govern all aspects of a proceeding before the Tribunal and are intended to secure a just, expeditious and cost effective determination of the proceedings. This includes requirements with respect to disclosure by all parties to each other of the evidence a party intends to rely upon at the hearing and when a party is obliged to do so, pre-hearing conferences and motions.

For information on the LAT’s Rules of Practice, please visit LAT’s website .

Case Conferences

The LAT’s Rules of Practice govern the conduct of case conferences. If a case conference is convened, the LAT member presiding at the case conference has the authority to designate interested individuals as additional ‘parties’ to a hearing. 
If an objector wishes to be made a party to the hearing, they must attend the case conference. The goal of the case conference is to assist the parties to prepare for the hearing, to ensure the hearing is conducted in an expeditious and effective manner, to focus on the issues in dispute and, where possible, to assist the parties to resolve some or all of those issues. The LAT member(s) conducting the case conference may make orders that are binding on the parties.

The Decision

The LAT may not make its decision at the hearing and may reserve decision for a later date.

Appeals

If you believe that a decision of the LAT contains an error of law, you may appeal the LAT’s decision to Divisional Court. An appeal to the Divisional Court must be filed in accordance with the rules of court and does not automatically stay a decision of the LAT. If you decide to file an appeal, you may wish to seek legal assistance.
 

Once a liquor sales licence has been issued, the licence holder must comply with the Liquor Licence and Control Act, 2019, its regulations and the standards or requirements established by the Registrar as well as any conditions that have been placed on the licence.

If you wish to file a complaint about the operation of a liquor licensed establishment, such as minors being served, overcrowding, or intoxicated patrons disturbing the peace, you can do so anytime through iAGCO .

Contact us

For more information, contact AGCO Customer Service or submit an inquiry online through iAGCO .

Subscribe to Applications Undergoing Public Notice

Click here to sign up to receive emails with updates of new applications undergoing public notice . You can choose the types of applications and specify the locations you would like to subscribe to.
 

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