Section 4: By-the-Glass Endorsement

What is a By-the-Glass Endorsement?

A By-the-Glass-Endorsement allows eligible Ontario distilleries with a Distillery 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 distilleries which hold a Distillery Licence are eligible for this endorsement.

Operational Restrictions

A distillery that holds a By-the-Glass Endorsement to their Distillery Licence is only permitted to sell and serve the spirits 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 spirits under a By-the-Glass Endorsement. Guests are allowed to carry and consume spirits purchased under the By-the-Glass Endorsement or at the tied house on the production site 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 distillery 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 Spirits 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 Distillery 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 Distillery Licence transfer application. Please see information above about transferring a Distillery 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 Manufacturer’s 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 Manufacturer’s Licence renewal application which can be completed online through the iAGCO portal. Please see section on Renewing a Manufacturer’s 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 applicable requirements.

If you are a distiller 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 distiller 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 distilleries 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 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) 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 
    For an outdoor event, 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.