Section 2: Types of Licences

New licence

You should apply for a new licence if:

  • the liquor delivery service never had a licence
  • the liquor delivery service was licensed, but the licensee failed to renew the licence prior to its expiry date
  • the liquor delivery service was licensed, but the licensee will not consent to transferring the licence to you
  • the Registrar orders that a new application must be submitted
  • there are outstanding proceedings by the Registrar to suspend or revoke the current licence

Transfer of a licence

Transfer licences are issued for the remaining time period on the licence. A transfer of the licence is required if:

  • There is a change in officers or directors of a licensee that is a corporation, or a corporation that effectively controls the activities authorized under the licence.
  • A person becomes or ceases to be a partner of a licensee that is a partnership.
  • 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.
  • 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.

A transfer will not be approved 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.

Temporary Contracting Out

A licensee may contract out the operation of the business to another person who is applying to receive the transfer of the licence if regulatory requirements are met. The licensee remains liable under the licence during the period for which the operation of the business has been contracted out.

The ability to contract out the operation of the business expires, on the issuance of the transfer of the licence; or on the issuance of a notice of proposal to refuse the transfer.