What is a Manufacturer’s Licence?

There are three classes of Manufacturer’s Licences:

• To sell wine, a manufacturer must hold a Winery Licence.

• To sell beer, a manufacturer must hold a Brewery Licence.

• To sell spirits, a manufacturer must hold a Distillery Licence.

A brewery licence permits a manufacturer to keep for sale, offer for sale or sell beer in accordance with the regulations.

It is important to keep in mind that the AGCO’s Manufacturer’s licence is NOT a licence to manufacture liquor. 

This Guide provides information on how to apply for, and maintain, a Brewery Licence, as well as other licences and endorsements that licensed breweries may also be eligible for, which include:

• A By-the-Glass Endorsement which authorizes a licensee to sell and serve their products for consumption in areas that are under the sole control of the licensee and on or immediately adjacent to the production site where the sale is primarily aimed at promoting the manufacturer’s product and either providing an enhanced tourist experience or fulfilling an educational purpose.

• A Caterer’s Endorsement which authorizes a licensee who has a By-the-Glass Endorsement to sell and serve their liquor at catered events at locations away from the manufacturer’s licensed premises.

• A Liquor Sales Licence which authorizes the licensee to sell and serve liquor at a tied house located at the municipal or property address of their production site.

• A Brewery Retail Store Endorsement which authorizes a brewery to sell its beer at any location on the licensee’s production site from a retail store on the production site.

• A Temporary Extension Endorsement which authorizes a licensee who has a Brewery Retail Store Endorsement to sell their eligible products within a farmers’ market or at an eligible industry promotional event, as an occasional extension of their retail store.

• A Delivery Endorsement which authorizes a licensee to deliver liquor from another manufacturer’s winery retail store, brewery retail store or distillery retail store to a customer.

You can apply for and manage any AGCO licence, endorsement or permit, including those described in this Guide, online, through the iAGCO portal.

Fees and Payment

• Please refer to the AGCO’s Schedule of Liquor Licensing Fees for the applicable fee for any licence, endorsement or permit.
• When using online services, payments must be made by Visa, MasterCard, Interac® Online, Visa Debit or MasterCard Debit.
• Payments of $30,000 or more must be made by money wire transfer or electronic funds transfer. Please note that cheques and cash are not accepted as forms of payment when using iAGCO online services. For more information please contact AGCO Customer Service at 416-326-8700 or 1-800-522-2876.
• All fees must be received by the AGCO before an application will be processed.
• All fees are non-refundable.

Things to know before applying

Prior to submitting an application for a Brewery Licence to the AGCO, applicants should contact the LCBO to obtain relevant information about product testing. Please refer to the Key Liquor Industry Contacts page.

Eligibility Criteria

To be eligible for a Brewery Licence, applicants must be:

• 19 years of age or older

• financially responsible

• conduct the business in accordance with the law and with integrity and honesty (please note that this may include, among other activities, police records checks on the applicant and some or all interested persons) 

Applicants are generally not permitted any direct or indirect financial ownership in a business holding a Liquor Sales Licence (e.g. licensed restaurants and bars). Please refer to section 20 of Regulation 746/21 under the Liquor Licence and Control Act, 2019 (LLCA) for further information.

Distribution and Warehousing

Breweries that hold a Brewery Licence may distribute their own beer, or the wine or spirits of another manufacturer to persons who have purchased it from the LCBO or another person authorized to sell liquor. To “distribute”, means to transport liquor, other than transporting it to customers for consumption, and includes the warehousing of liquor during its transportation.

In limited circumstances, as set out in Regulation 746/21 under the LLCA, breweries may enter into an agreement or arrangement with another person to distribute their beer. Breweries may also, subject to the limitations set out in Regulation 746/21 under the LLCA, distribute the beer of another manufacturer.

Generally, the distribution of beer is limited to specific parties and arrangements, and the distribution of wine and spirits are restricted when included in the same shipment as beer.

In the case of distribution by a third-party service provider, the service provider does not need to hold a licence from the AGCO, and the manufacturer remains responsible for compliance with the Act, regulations, and standards and requirements established by the Registrar. The only third party service providers that are permitted to distribute beer are those previously authorized by the LCBO immediately before November 29, 2021.

A party that is distributing liquor that it did not produce may provide transportation and warehousing services, but cannot buy or sell that liquor.

Breweries are permitted to use facilities in Ontario and that are located away from their production site as additional storage for their product and/or to support distribution of their product. Manufacturers cannot promote, take orders for or sell liquor from an off-site warehouse, or use an off-site warehouse to service deliveries to end use consumers.

Breweries must maintain records of the location of any offsite storage facilities where their liquor is stored, and provide that information to the AGCO on request.

Supporting documents

What supporting documents/information are needed to apply?

When applying for your Brewery Licence (Manufacturer's Licence – Brewery) online via the iAGCO portal, you will be asked to provide the following as part of your application. These items can be provided to the AGCO at any time during the application process:

• Tax Compliance Verification Number and Attestation 
  • You must: 
    • Complete the tax compliance verification process and obtain your tax compliance verification number through the Ministry of Finance’s Tax Compliance Verification portal 
    • Attest to your tax compliance status  
    • For details, see Information Bulletin: New Tax Compliance Verification requirements for liquor licensees come into effect July 1, 2023.  

• Summary of your Business Plan, which sets out:

  • a full description of the products to be manufactured on site

  • floor plans showing the complete layout of the manufacturing facility, including equipment and proposed location of any retail store to be located at the production site (if applicable)

  • the channel(s) through which you plan to sell your product(s) (e.g. LCBO, under a Brewery Retail Store Endorsement, export)

  • If your product(s) will be manufactured at a facility other than your own, please provide details

• Copy of Federal Excise Licence (Brewery)
  The Excise Act and the Excise Act, 2001 (administered by the Canada Revenue Agency) requires that a person obtain a licence under these federal statutes prior to producing or packaging wine, beer and/or spirits in Canada.

• Written Proof of LCBO Product Testing
  Please contact the LCBO for further information, including laboratory testing fees. Contact information can be found in the Key Liquor Industry Contacts page.

• Copy of Business Name Registration
  The business name under which you intend to operate may have to be registered under the Business Names Act.

• Entity Disclosure (if applicable)
  All questions must be answered.

• Personal Disclosure, to be completed by all of the following individuals:

  • owner (if the applicant is a sole proprietor)

  • officers and directors including: signing officer, president, secretary, treasurer

  • all persons holding 10% or more of the outstanding shares, or of a class of shares

  • all partners

Compliance— maintaining your licence

Once a Brewery Licence has been issued, the licensee is responsible for operating their business responsibly and in accordance with applicable laws, regulations, and the standards and requirements established by the Registrar. Among other requirements, licensees will be subject to the following:

• The LLCA, its regulations, and the standards and requirements established by the Registrar.

• Regular renewal of the licence:  Licensees may select a two- or four-year term duration, with fees payable to match the length of the term. As a courtesy, licensees will be sent a renewal notice approximately 60 days prior to the expiry date shown on the licence. However, it remains the licensee’s responsibility to ensure the licence is renewed on time.

• Periodic inspections by AGCO Inspectors: All premises used by the licensee in relation to the licence may be inspected by AGCO Inspectors for compliance with the LLCA, its regulations, and the standards and requirements established by the Registrar. You must allow AGCO Inspectors unobstructed access to your business and you must facilitate their inspections.

• Audit: Audits include inspection and implementation of production controls and compliance with the LLCA. The AGCO may also request different types of business records for audit purposes.

• Beer taxes: Beer manufacturers will collect the beer taxes and remit them to the Ministry of Finance on a monthly basis. For additional information, please contact the Ministry of Finance. Contact information can be found in Key Liquor Industry Contacts page.

• Any conditions attached to the licence.

• Mandatory Staff/Server Training: As required by the standards and requirements established by the Registrar persons involved in the sale, service, delivery or sampling of liquor, or who are involved in taking orders for liquor from customers must successfully completed a server training course approved by the Board of the Alcohol and Gaming Commission of Ontario (the “Board”) and hold a valid certificate. The Board has approved the Smart Serve® Training Program. Please visit www.smartserve.ca for more information. 

Changes requiring the transfer of a licence

All Brewery Licences are issued to individuals, business partnerships or corporations, for operation at a specific location. The licensee is responsible for the ongoing operation of the licence.

A transfer of the licence is required if there is a prescribed change of ownership of a business carried on under a licence or if the licensee changes, or if a different person wishes to acquire the licence.

Prescribed Changes in ownership requiring a transfer:

1. An individual becomes or ceases to be an officer or director of,

   1. a licensee that is a corporation, or

   2. a corporation that effectively controls the activities authorized under the licence.

2. A person becomes or ceases to be a partner of a licensee that is a partnership.

3. A person or partnership acquires a beneficial interest in the licensed business, including acquiring shares of a licensee that is a corporation or of a corporation that effectively controls the business, that results in the person or partnership holding or controlling 10 per cent or more of the outstanding shares, or of a class of shares, of the corporation.

4. A person or partnership other than the licensee becomes entitled to any of the profits from the sale of liquor or liable for any obligations incurred from the activities authorized under the licence.

In cases where an individual ceases to be an officer or director of a corporate licensee or a partner ceases to be a partner in a partnership that is a licensee, if the licensee gives the Registrar notice of the change within 30 days after the change occurs, the licensee may continue to engage in activities authorized under the licence without requiring a licence transfer.

Transfer to a Different Person

A manufacturer’s licence is eligible to be transferred to a different person, provided the regulatory requirements are met.

The Registrar may also transfer manufacturer’s licence for a period of not more than one year, when:

• A trustee in bankruptcy or court-appointed receiver acquires the business of the licensee

• A mortgagee, franchisor, landlord, or executor or administrator of the estate of a deceased licensee takes possession of the licensed premises.

The Registrar may develop a simplified application process for the transfer of a manufacturer’s licence in the following circumstances if the principal individuals involved in the licensed business remain the same after the change occurs:

1. The licence transfers between a sole proprietorship and a corporation.

2. The licence transfers between a partnership and a corporation.

3. The licence transfers from a partnership to a sole proprietorship.

4. The licence transfers from one corporation to another corporation.

5. Two or more corporations amalgamate into a single corporation and a licence from one of those corporations transfers to the amalgamated corporation.

A transfer will not be approved, in most instances, if the current licensee has an outstanding monetary penalty or if the recipient of the transfer would not be eligible to be issued a licence.

The business trade (operating) name may have to be registered under the Business Names Act. Also note that corporations must file updated information with respect to officers and directors of a corporation with the Companies and Personal Property Security Branch on a regular basis. Please see the Ontario.ca Central Forms Repository. Forms must be forwarded to the Companies and Personal Property Security Branch for processing.

How to transfer a Licence?

Applications to transfer your licence can be completed online via the iAGCO portal.

Please note:

• The entity to whom the licence is being transferred TO is responsible for submitting the application to transfer the licence.

• The application must include a signed Consent to Transfer, signed by the current licence holder(s). This form can be found via the iAGCO portal.

Supporting Documents

What supporting documents/information are needed to transfer a licence?

When applying to transfer a Manufacturer’s Licence – Brewery, you must provide the same documents and information as when applying for a new licence.

In addition, the following must be provided:

• Confirmation of Sale: Transfer applicants must submit written confirmation signed by the vendor, a lawyer or an accountant, that the sale of the business or shares has been completed.

Other Notes for Transfer Applicants

Should the transfer application be approved, a licence shall be issued to the new owners with the expiry date of the original licence.

Transfer applicants must check the expiry date of the existing licence to ensure that the licence will not expire during the time it takes to process the transfer application.

Renewing a Brewery Licence

Brewery Licences are valid for a period of two or four years. As a courtesy, licensees will be sent a renewal notice approximately 60 days prior to the expiry date shown on the licence. However, it remains the licensee’s responsibility to ensure the licence is renewed on time.

You can apply to renew your Brewery Licence online, through the iAGCO portal.

Your renewal application will not be accepted if there has been a change of ownership that has not been previously reported to the AGCO. If there has been a change of ownership, you must complete an application to transfer your licence and submit it to the AGCO (please see Changes Requiring Transfer of a Licence).

Your renewal application must be received by the AGCO on or before the expiry date on your Brewery Licence.

If your renewal application is not received by the expiry date on your licence, your licence will expire and you can no longer sell or serve alcohol.

What is a By-the-Glass Endorsement?

A By-the-Glass Endorsement allows eligible Ontario breweries with a Brewery Licence to sell and serve their products for consumption in areas that are under sole control of licensee that are located on or immediately adjacent to the production site where the sale is primarily aimed at promoting the manufacturer’s product and either providing an enhanced tourist experience or fulfilling an educational purpose.

Things to know before you apply

Eligibility Criteria

Only Ontario breweries which hold a Brewery Licence are eligible for this endorsement.

Operational Restrictions

A brewery that holds a By-the-Glass Endorsement to their Brewery Licence is only permitted to sell and serve the beer which it has manufactured.

With the exception of areas such as public roads, thoroughfares, driveways and parking lots, or in other areas that may raise public safety concerns, any area that is on or immediately adjacent to a manufacturing site and under the sole control of the manufacturer is eligible to be licensed as a premises for the sale, service and consumption of beer under a By-the-Glass Endorsement. Guests are allowed to carry and consume beer purchased under the By-the-Glass Endorsement or at the tied house in areas that are under the sole control of the manufacturer and covered by either the Liquor Sales Licence (for the tied house) or By-the-Glass Endorsement.

Note: A beer production site may have both a Liquor Sales Licence for a tied house and a By-the-Glass Endorsement. Patrons are permitted to move freely between the licensed areas with their beverages. However, licensees must ensure adherence to rules regarding the permissible hours of sale for each licence type and other requirements relating to the sale and service of liquor at multiple premises.

Permissible hours under a By-the-Glass Endorsement may not be extended.

Sale of Beer from a Retail Store

If a manufacturer has a retail store on the production site, the licensee may bring sealed, unopened liquor purchased from the retail store onto the licensed premises for the purposes of selling it to a patron. This allows patrons that wish to purchase product for personal use from the retail store to pay for the product on their bill in the licensed premises or by-the-glass area.

Applying for a By-the-Glass Endorsement

What supporting documents/information are needed to apply for a By-the-Glass Endorsement?

When applying for a By-the-Glass Endorsement via iAGCO, you will be asked to provide the following as part of your application. These items can be provided to the AGCO at any time during the application process:

• Site plan of the property: The site plan of the property must outline in red the area(s) in which the manufacturer is applying to have the sale, service and consumption of its product(s) take place. The area(s) must be under the sole control of the manufacturer and located on or immediately adjacent to the production site of the applicant.
• Municipal resolution: Written notice from the council of the municipality within which the applicant’s production site is located confirming that it has passed a resolution in support of the issuance of the endorsement to the licence.
   

Transferring a Brewery Licence with a By- the-Glass Endorsement

An endorsement can only be transferred together with the licence to which it is attached. Transfers of By-the-Glass Endorsements will be processed at the same time as the corresponding Brewery Licence transfer application. Please see information above about transferring a Brewery Licence.

Renewing a By-the-Glass Endorsement

By-the-Glass Endorsements are valid for a period of two or four years and expire when the associated Brewery Licence expires or is terminated.

How do I apply?

Renewals of By-the-Glass Endorsements will be processed at the same time as the corresponding Brewery Licence renewal application which can be completed online through the iAGCO portal. Please see section on Renewing a Brewery Licence for instructions on completing the renewal application.

Temporary Extension of a By-the-Glass Area

Manufacturers who hold a By-the-Glass Endorsement may be eligible for a temporary extension of their licensed premises if the extension is immediately adjacent to the areas under the By-the-Glass Endorsement and if they meet all applicable requirements.

If you are a brewery with a By-the-Glass Endorsement located in a municipality and wish to have a temporary outdoor physical extension (temporary patio), please contact your municipality to find out the approval process and applicable requirements. For more information, see the New Framework for Temporary Outdoor Extensions. 

If you are a brewery with a By-the-Glass located in an unorganized territory or on a First Nations reserve (except in cases where the Band Council of that reserve has chosen to manage temporary patio approvals themselves) and wish to have a temporary patio immediately adjacent to the by-the-glass area, please see below for more information on how to apply to the AGCO. 

All breweries with a By-the-Glass Endorsement must continue to apply to the AGCO for any temporary indoor physical extensions.Please see below for more information on the requirements and how to apply. 

How to Apply to the AGCO for a Temporary Outdoor Physical Extension of a By-the-Glass Area

Manufacturers holding a valid By-the-Glass Endorsement in an unorganized area or on a First Nations reserve (except in cases where the Band Council of that reserve has chosen to manage temporary patio approvals themselves) may apply to the AGCO to temporarily extend the outdoor area to which the By-the-Glass Endorsement applies that is immediately adjacent to the premises for up to eight months in a calendar year. A licensee can only sell and serve liquor on a temporary patio after obtaining approval from the Registrar of the temporary patio. No licensing fee is required.

Prior to applying to the AGCO for a temporary outdoor physical extension of a By-the-Glass area, it is important to take note of the following: 

• A complete application including any necessary supporting documents must be submitted a minimum of thirty (30) days in advance of when you intend to begin serving or selling liquor  on the temporary patio. Otherwise your application may not be processed in time. 
• Should any additional information be required, you will be notified. 
• Any conditions to which your licence is subject will also apply to the extended area. 
• It is the licence holder’s responsibility to ensure that all requirements under the Liquor Licence and Control Act, 2019, its regulations and the Registrar’s Interim Standards and Requirements are met. 

How to Apply to the AGCO for a Temporary Indoor Physical Extension of a By-the-Glass area

Manufacturers holding a valid By-the-Glass Endorsement may apply to the Registrar of the AGCO to temporarily extend an indoor area that is immediately adjacent to the premises to which a By-The-Glass Endorsement applies (for a period specified by the Registrar). The Registrar will consider applications on a case-by-case basis. 

Prior to applying to the AGCO for a temporary indoor physical extension of a By-the-Glass area, it is important to take note of the following: 

• A complete application including any necessary supporting documents must be submitted a minimum of thirty (30) days in advance of liquor being sold/served, otherwise your application may not be processed in time. 
• Should any additional information be required, you will be notified. 
• Any conditions on your licence will also apply to the extended area. 
• It is the licence holder’s responsibility to ensure that all requirements of the Liquor Licence and Control Act, 2019, its regulations and the Registrar’s Interim Standards and Requirements for Liquor are met.
• Licensees should take into consideration the calculated capacity noted on the Temporary Extension Application. 

Required Documentation 

The following will be required for your application: 

• Sketch or Plan 
  A sketch or plan must clearly show: 
  • The exact dimensions of the proposed extended licensed area including any permanent or temporary tiered seating; 
  • The exact location of the area in relation to the licensed premises - must be immediately adjacent to the By-the-Glass premises; 

See Appendix B – Calculating the Dimensions of a Proposed Extended Licensed Area. 

• Letter of Approval 
  If the proposed extended area is rented or leased, the applicant must provide a letter of approval from the owner or landlord. 
• Letter of Non-Objection from the Municipal Clerk 
  If the event is outdoors, the applicant must obtain a letter from the Municipal Clerk stating that there is “no objection” to the proposed extended licensed area. Letters from the municipality that state the event is “municipally significant” will not be considered acceptable. 
      
  Please obtain this letter well in advance to ensure the Municipal Council will be able to consider your request. 

What is a Caterer’s Endorsement?

A Caterer’s Endorsement allows breweries that hold a By-the-Glass Endorsement to sell and serve their products at catered events at locations away from the manufacturer’s licensed premises.

The sale and service of liquor under a Caterer’s Endorsement must be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose.

Things to know before you apply

Eligibility Criteria

Only Ontario breweries which hold a Brewery Licence and a By-the-Glass Endorsement are eligible for this endorsement.

Manufacturers that hold more than one by-the-glass endorsement must apply for a separate caterer’s endorsement for each by-the-glass endorsement.

Note:

• A manufacturer may hold both a Caterer’s Endorsement to a Brewery Licence and a Caterer’s Endorsement to a Liquor Sales Licence (for a Tied House), but must comply with the requirements specific to each Caterer’s Endorsement.

• For information about how to apply for a Liquor Sales Licence for a Tied House and associated endorsements, see the Liquor Sales Licence (Including Tied House) and Mini Bar Licence Guide Section 10.

Operational Restrictions

The holder of a Caterer’s Endorsement to a Brewery Licence may sell and serve their liquor at an event held on premises other than the premises to which the By-the-Glass Endorsement applies. A Special Occasion Permit is not required.

• The catered event must be sponsored by someone other than the licence holder and may not be more than ten (10) days in duration.

• Liquor cannot be offered for sale at a series of events sponsored by the same person if as a result of doing so, the licence holder is or appears to be operating an ongoing business with the sponsor.

• The licence holder is not permitted to promote or invite persons to attend a catered event where the licence holder is offering liquor for sale.

• Liquor may not be sold at events held in a residence.

• The licensee:shall ensure that the location of the catered event complies with the requirements for licensed premises.

• must post a Sandy’s Law warning sign at the event.

• Liquor must be offered for sale and served at the event under the supervision of the licensee or an employee.

• Liquor not sold during a catered event must be returned to the licence holder’s stock.

Note: The permissible hours for the sale and service of liquor under a Caterer’s Endorsement to a Manufacturer’s Licence are the same as for a By-the-Glass Endorsement.

Catering Notification

Catering notification requirements vary, depending on where the individual event is being held.

Areas under the exclusive control of the licence holder

Notification of individual events is not required Iif the licence holder has provided the AGCO with prior notice (e.g. in the endorsement application) of its intention to cater an event in an area under the exclusive control of the licence holder.

NOTE: AN AREA MAY BE CONSIDERED TO BE UNDER THE EXCLUSIVE CONTROL OF THE LICENCE HOLDER IF THE LICENCE HOLDER OWNS, RENTS OR LEASES THE AREA.

Areas not under the exclusive control of the licence holder

Notification of an individual event is required if the event is being held in an area not under the exclusive control of the licence holder.

At least ten (10) days before a catered event begins, the licence holder with a Caterer’s Endorsement must provide the AGCO (via an iAGCO regulatory submission), the local police, fire, health and building departments with details on:

• The nature of the event and the name of the sponsor

• The address where the event will be held

• The dates and hours during which the event will be held

• The estimated attendance for the event

• The boundaries of the area where liquor will be sold and served.

To notify the AGCO of your catering event, you must make a Regulatory Submission on the iAGCO online portal: 

• Select Catering Notification - Licensee with By-the-Glass. 

• Follow the steps as instructed. 

Note: You will be required to provide information on the person/entity sponsoring the event.  

Applying for a Caterers Endorsement

How do I apply? 

To apply for a Caterer’s Endorsement, you must add a secondary licence: 

• In the iAGCO portal, a new secondary licence will be available for new, amendment, and renewal applications via “Add a Secondary”. 

• Click on the button to Add Secondary.  

• Select Caterer’s Endorsement - Licensee with By-the Glass. 

• Follow the steps as instructed. 

What supporting documents/information are needed to apply online for a Caterer’s Endorsement?

When applying for a Caterers Endorsement via the iAGCO online portal, you will be asked to provide the following information as part of your application:

• List of premise(s) to which the licence holder will be catering that are under the licensee's exclusive control (if applicable).

Transferring a Brewery Licence with a Caterer’s Endorsement

An endorsement can only be transferred together with the licence to which it is attached. Transfers of Caterer’s Endorsements will be processed at the same time as the corresponding Brewery Licence transfer application. Please see information in Section 3 on How to transfer a Licence.

Renewing a Caterer’s Endorsement

Caterer’s Endorsements are valid for a period of two or four years and expire when the associated Manufacturer’s Licence expires or is terminated.

How do I apply?

Renewals of Caterer’s Endorsements will be processed at the same time as the corresponding Manufacturer’s Licence renewal application which can be completed online through the iAGCO portal. Please see information in Section 3 on Renewing a Brewery Licence for instructions on completing the renewal application.

A tied house is a restaurant/establishment located at the same municipal or property address as a brewery’s production site, where the manufacturer’s products may be “showcased” on their own or in conjunction with other brands and types of liquor. The licensed establishment is not required to sell a variety of brands of liquor but may do so if they choose. Please see the Liquor Sales Licence (Including Tied House) and Mini Bar Licence Guide for information about how to apply for a Liquor Sales Licence for a tied house.

Sale of Beer from a Retail Store

If a manufacturer has a retail store on the production site and there is a tied house at the production site, the licensee may bring sealed, unopened liquor purchased from the retail store onto the licensed premises for the purposes of selling it to a patron. This allows restaurant patrons that wish to purchase product for future personal use from the retail store to pay for the product on their restaurant bill.

Note: A brewery production site may have both a Liquor Sales Licence for a tied house and a By-the-Glass Endorsement. Patrons are permitted to move freely between the licensed areas with their beverages. However, licensees must ensure adherence to rules regarding the permissible hours of sale for each licence type and other requirements relating to the sale and service of liquor at multiple premises.

See Hours for Sale, Service and Delivery of Liquor on the AGCO’s website.

What is a Brewery Retail Store Endorsement?

A Brewery Retail Store Endorsement authorizes a brewery to sell its beer at any location on the licensee’s production site from a retail store on the production site.

To be eligible for a Brewery Retail Store Endorsement a brewery must hold a valid Manufacturer’s Licence – Brewery from the AGCO and the brewery must exercise substantial ownership and control over the production site where the retail store is located. Where the production site is owned and controlled by more than one licensed manufacturer, the brewery must demonstrate to the Registrar that it meets this requirement.

Where more than one retail store is located at the same production site, each licensed manufacturer must own and operate their own retail store and the store must be readily distinguishable from any other authorized retail store located at the same production site. Sales from more than one store may not be conducted in the same location.

A brewery may hold no more than two Brewery Retail Store Endorsements and each store must be located at a production site of the manufacturer. The beer sold at each store must meet the criteria noted below.

Beer that May Be Sold at the Retail Store

A brewery may only sell beer at the brewery retail store if the following criteria are satisfied.

If the brewery has only one Brewery Retail Store Endorsement, the full brewing process must take place at the production site where the retail store is located, including mashing, lautering, boiling, hop separation, fermentation and packaging.

If the brewery has two Brewery Retail Store Endorsements the brewery may sell beer at a retail store that has been produced at another production site owned by the brewery, provided that the other production site also has a retail store, and:

• the full brewing process for at least 50 per cent of the beer sold at each retail store must take place at the production site where the retail store is located, and
• the full brewing process for any remaining beer sold at the retail store must take place at the production site where the other retail store is located.

Products Other Than Liquor Which May Be Sold

Manufacturers may sell some non-liquor products at a brewery retail store operated under a Brewery Retail Store Endorsement. The list of permissible items is set out in the standards and requirements established by the Registrar.

Things to know before applying

General Eligibility Criteria

Generally, in order to be eligible for a Brewery Retail Store Endorsement:

• The applicant must be a brewery with a valid Manufacturer’s Licence – Brewery issued by the Registrar.
• The applicant must meet the requirements set out in the Liquor Licence and Control Act and its regulations.

Please note that the application process also includes a site inspection of the constructed retail store to confirm that all eligibility criteria and requirements have been met.

Please note that it is the responsibility of the holder of a retail store endorsement to ensure that it complies with all federal, provincial and municipal laws including municipal zoning by-laws/requirements.

Supporting documents

What supporting documents/information are needed for a Brewery Retail Store Endorsement application?

When applying for a Brewery Retail Store Endorsement via iAGCO, you will be asked to provide the following as part of your application. These items can be provided to the AGCO at any time during the application process:

• completed Municipal Information for a Retail Store 
• site plan detailing the production site and the proposed retail store location
• floor plan of the proposed retail store including square footage
• supplementary documentation demonstrating substantial ownership and control of the production site (if ownership and control of the production site shared with any other licensed manufacturer)

Renewing your Retail Store Endorsement

Retail Store Endorsements are valid for a period of two or four years and expire when the associated Brewery Licence expires or is terminated. As a courtesy, Brewery Licence holders will be sent a renewal notice approximately 60 days prior to the expiry date shown on the licence. However, it remains the licensee’s responsibility to ensure the licence is renewed on time.

To ensure your Retail Store Endorsement and Brewery Licence remain valid, please see the section on “Renewing a Brewery Licence” for instructions on completing the renewal application.

Moving your brewery retail store to a new location

A brewery must notify the Registrar if it moves its brewery retail store to a new location on the same production site.

A brewery must apply for a new Brewery Retail Store Endorsement if it wants to move the brewery retail store to a different production site of the brewery, or if the brewery wants to move both the production site and the brewery retail store. Please note that the application process also includes a site inspection of the constructed retail store by an AGCO Compliance Official to confirm that all eligibility criteria and requirements have been met.

A brewery retail store cannot be moved to a location away from the brewery’s production site. It must remain located at a production site of the holder of the Retail Store Endorsement.

After the move, the brewery retail store must continue to operate in accordance with all the requirements for a Brewery Retail Store Endorsement, including the requirements noted above about the retail store location, production site and beer that may be sold in the store.

Transferring your Brewery Retail Store Endorsement

A Brewery Retail Store Endorsement can only be transferred together with the Brewery Licence to which it is attached. Separate applications must be filed for the transfer of the Brewery Retail Store Endorsement and for the transfer of the Brewery Licence. These two applications will be reviewed concurrently.

What is a Temporary Extension Endorsement?

A Temporary Extension Endorsement allows breweries that hold a Brewery Retail Store Endorsement to sell their eligible beer at a temporary extension of their brewery retail store at:

• A farmers’ market; and,

• At an industry promotional event for which a Special Occasion Permit has been issued by the AGCO.

Under the Temporary Extension Endorsement, breweries may:

• sell at a particular farmers market for no more than 3 days in any given week;

• sell at a particular industry promotional event for no more than 10 consecutive days.

Any unsold product from a farmers’ market or industry promotional event must be returned to the licensee’s retail store within 72 hours from the time the farmers’ market closes or the industry promotional event ends.

Things to know before applying

General Eligibility Criteria
Breweries that wish to participate in the program must:

• have a valid AGCO Manufacturer’s Licence – Brewery

• operate a brewery retail store for which a Brewery Retail Store Endorsement has been issued

• sell only eligible beer at a farmers’ market or industry promotional event. Beer is eligible to be sold only if the full brewing process takes place at a production site in Ontario.

Notification to AGCO of planned sales at Farmers’ Markets or Industry Promotional Events

Breweries with a Temporary Extension Endorsement must provide the AGCO with at least 10 days’ notice of planned sales at a Farmers’ Market (i.e. days of sale that have been confirmed with a Farmers’ Market) and at an Industry Promotional Event.

If the intended days of sale are cancelled or changed, please notify the AGCO at the earliest possible opportunity.

In the case of planned sales at an Industry Promotional Event, you will need to provide the number of the Special Occasion Permit that has been issued by the AGCO as part of the notification. The holder of the Permit may be a different person than the manufacturer selling under the Temporary Extension Endorsement.

There is no requirement for a Special Occasion Permit in conjunction with sales at a farmers’ market.

Notification to the AGCO of your planned sales can be submitted through the iAGCO portal.

The AGCO will notify you if any municipal objections have been received regarding any of the Farmers’ Markets or Industry Promotional Events where you intend to sell your eligible beer.

Manufacturers that hold a Retail Store Endorsement may sell products from their retail store for delivery to the public. Delivery may be conducted by the licensee, their employees, another AGCO-licensed manufacturer that holds a Delivery Endorsement, under a Liquor Delivery Licence or by a carrier, in accordance with the requirements in Regulations 745/21 and 746/21 under the Liquor Licence and Control Act and in the standards and requirements established by the Registrar.

Manufacturers may not use warehouses located away from their production site to service or fulfill deliveries to consumers for products sold from their retail store. Products sold for delivery to customers from a retail store must be delivered from that retail store.

Delivery by the Holder of Liquor Delivery Licence

Liquor sold at a brewery retail store may also be delivered by the holder of a Liquor Delivery Licence or its employees or contractors.

Breweries may enter into non-exclusive agreements with liquor delivery licensees to facilitate or promote the delivery of liquor from the brewery’s retail store. These agreements cannot restrict a liquor delivery licensee or manufacturer from entering into further agreements with other manufacturers.

Delivery by carrier

Breweries may use a carrier to deliver beer sold at the brewery retail store. The brewery must ensure the carrier complies with the conditions for delivery set out in Regulation 745/21 under the Liquor Licence and Control Act.

Delivery Endorsement

A brewery that wishes to deliver liquor on behalf of another manufacturer from that manufacturer’s retail store, must apply for a Delivery Endorsement. A manufacturer does not require a Delivery Endorsement to deliver its products from its own retail store.

Delivery must be conducted in accordance with the requirements set out in Regulation 746/21 under the Liquor Licence and Control Act and in the standards and requirements established by the Registrar.

The manufacturer that holds the Delivery Endorsement is not required to operate a retail store, but products being delivered under the endorsement must be sold from a manufacturer’s retail store. With the endorsement, a manufacturer can deliver any type of liquor (i.e. beer, wine or spirits) that is sold at the retail store.

Eligibility Criteria

Only manufacturers that hold a Winery Licence, Brewery Licence or Distillery Licence are eligible for the Delivery Endorsement. Only one endorsement is required per manufacturer.