A Special Occasion Permit (SOP) is required any time liquor is sold or served anywhere other than in a licensed establishment or a private place (for example, a corporate boardroom or a residence). Note: liquor cannot be sold at a residence.

SOPs are for occasional, special events only, and not for personal profit or running an ongoing business. A permit may be revoked if the Registrar established under the Alcohol and Gaming Commission of Ontario Act (AGCO Act) has reason to believe the event is being used for personal gain.

Types of Special Occasion Permits

Special Occasion Permits may be issued for the following types of events and activities:

• Private Events are limited to invited guests only and may not be publicly advertised. The public cannot be admitted and there can be no intent to gain or profit from the sale of liquor at the event. There are several types of eligible public events:

• Public Events are open to the public. These events can be advertised and fundraising and/or profit from the sale of liquor at the event is permitted.

  • Public events include events of provincial, national or international significance, or designated by a municipal council or its delegate as an event of municipal significance.

  • Charity Events are public events conducted by a charitable organization registered under the Income Tax Act (Canada), a non-profit association or organization for the advancement of charitable, educational, religious or community objects.

  • Tailgate Events are public events that are held in connection with, and in proximity to, a live sporting event and where attendees may bring their own liquor (BYOB) for consumption at the event.

  • Industry Promotional Events are public events held to promote a manufacturer’s product(s). Manufacturers or a licensed representative can provide or sell samples and take orders for liquor purchases.

• Auctions are conducted by a charitable organization, administrator or executor of an estate or law enforcement officer acting within the scope of their duties. Auctions may be conducted wholly or partly online.

This guide provides an overview of tailgate events.

For information on private events, other public events and industry promotional events and auctions, see the AGCO’s Special Occasion Permit Guide or Auction Guide.

A Tailgate Event SOP is required for events held in connection with, and in proximity to, a sporting event, and where attendees 19 years of age or older may bring their own liquor (BYOB) for consumption at the tailgate event, within the permitted area.

To be eligible for a Tailgate Event Permit in Ontario, the tailgate event must meet the definition of a tailgate event as set out in the Permit Regulation.

A tailgate event must be an outdoor event that is held in connection with one of the following types of sporting events:

• Professional sporting events may include sports where the participants are major league teams such as members of the Canadian Football League (CFL), Major League Baseball (MLB), National Hockey League (NHL), American Hockey League (AHL), National Basketball Association (NBA), Major League Soccer (MLS).

• Semi-professional sporting events may include sports where the participants are minor league teams such as members of Ontario Hockey League (OHL), AAA baseball, United Soccer League Championship.

• Post-secondary sporting events may include sports where the participants are extramural, varsity or intercollegiate sports teams

In addition, attendees 19 years and older must be allowed to bring their own liquor for consumption.

Please note that amateur or recreational sporting events, including events organized and played through intramural sports leagues at post-secondary institutions or otherwise, are not eligible for tailgate event permits.

Under a Tailgate Event Permit, liquor may be sold and served, though there is no requirement to do so. However, attendees 19 years and older must be allowed to bring their own liquor for consumption at the event.

As part of the application, the permit holder will be required to indicate whether liquor will be sold at the event. This includes where money is collected for liquor through, for example, an admission charge to the event (e.g., drink tickets included in admission charge), the sale of liquor (cash bar) or liquor tickets sold to people attending the event, or the collection of money and/or other forms of payments for liquor before the event.

The AGCO regulates the sale and service of liquor in Ontario and provides assistance to applicants and permit holders in understanding how to conduct an event in a responsible manner.

The Registrar may review applications for Tailgate Event Permits to determine if there are any risks associated with the event. The Registrar has the authority to attach conditions to a Tailgate Event Permit to mitigate any risks that may be related to the event. Conditions might include, for example, limiting the hours of sale, service and consumption of liquor, or requiring licensed security staff to be hired/on duty during the event. A list of conditions is available on the AGCO website.

A police officer or AGCO Compliance Official may revoke a tailgate event permit while the event is underway if they reasonably believe that the Liquor Licence and Control Act or its regulations are being contravened in connection with the event.

Any tailgate event permit holder may be issued a monetary penalty as a result of specific breaches of the Liquor Licence and Control Act, its regulations and the standards and requirements established by the Registrar. For further information on monetary penalties refer to the Schedule of Monetary Penalties which can be found on the AGCO website.

An applicant can apply for an SOP online by creating an iAGCO account. Through the iAGCO account, the applicant can check the status of the application and, once it is approved, print the permit.

Tailgate Event Permit application fees are non-refundable. For a list of current fees, please refer to the Schedule of Fees on the AGCO’s website.

An application for a Tailgate Event Permit must be submitted at least 30 days prior to the event.

Notification to Municipal Authorities

Applicants for a Tailgate Event Permit must provide written notice to the local municipal clerk’s department, police, fire and health departments informing them of the event, and include a sketch identifying the physical boundaries. If a tent, marquee, pavilion or tiered seating is used, the local building department should be notified in writing.

The applicant’s timelines for notifying local authorities are:

• 30 days before the event takes place, if fewer than 5,000 people per day are expected to attend the event; or
• 60 days before the event takes place if 5,000 or more people per day are expected to attend the event.

If the event or activity is to take place in an area under the control of the National Capital Commission, written notice to the Chair of the Commission is also required.

Copies of all municipal notification letters will be required as part of the application process.

APPLICANT INFORMATION

An applicant must be 19 years of age or older to obtain a Tailgate Event Permit. If the applicant is an organization, association or company, the application must be completed by a member or representative who will be at least 19 years of age at the time of the event, who has signing authority for the organization, association or company. Applicants must provide all information, materials, documentation or approvals as may be requested.

RESPONSIBLE PERSON(S)

The permit holder/responsible person must be present throughout the tailgate event and is responsible for the safety of people attending the event. They must ensure the event is run in compliance with the Liquor Licence and Control Act, its regulations and the standards and requirements established by the Registrar.

The permit holder/responsible person indicated on the application will be noted on the permit. If there is more than one responsible person, all must be named and at least one of the persons named must be present at the SOP event at all times.

The permit holder or, if applicable, designate shall make the permit available for inspection upon request.

NOTE: If the permit holder/responsible person is unable to attend, it is the responsibility of the permit holder to designate in writing someone to attend the permit event on their behalf. The designated person is responsible for ensuring that all legal requirements for the permit event are met. The designated person must not be someone who has previously been refused a permit by the AGCO.

EVENT NAME, LOCATION AND DETAILS

As part of the application, the permit holder will be required to provide details related to the tailgate event, including the:

• Event Name (e.g. Toronto Argos Fan Tailgate Party)

• Location Name (e.g. Stadium/Field parking lot, name of building/property where the tailgate event will be held)

• Address of the tailgate event location. (If the address of the proposed location for the tailgate event is unknown (e.g. parking lot), please use an address as close to the proposed location as possible).

Note: If the event is being held at various locations (whether it is on the same day or over the course of several days), a separate permit is required for each location/address.

DATES AND TIMES OF EVENT

Liquor may only be sold, served and/or consumed during the hours specified on the permit.

Note: The tailgate event can begin/continue beyond hours specified on your permit, however, the sale, service and/or consumption of liquor is limited to the time authorized on the permit.

A Tailgate Event Permit will be effective on the same day as the sporting event to which the tailgate event is connected, and the hours must be between 9:00 a.m. to 2:00 a.m. on any day except New Year’s Eve (December 31) where hours may be between 9:00 a.m. and 3:00 a.m. the following day.

Date(s): Indicate the date on which the tailgate event will take place. If the event runs into the following day (e.g. until 2:00 a.m.), indicate the first day (e.g. if the event begins April 9th at 7:00 p.m. and ends April 10th at 2:00 a.m. it should indicate “April 9”).

Start Time: Indicate the time at which the sale, service and/or consumption of liquor will begin.

End Time: Indicate the time at which the sale, service and/or consumption of liquor will end. Please note that the signs of liquor must be cleared no later than 45 minutes after the end of the serving period (e.g. if your permit indicates an end time of 4:00 p.m., all liquor and signs of service and/or consumption must be cleared by 4:45 p.m.).

MULTIPLE DAY EVENTS 

A single permit may be issued for multiple day events if the nature, purpose, location and target audience of the event or activity are the same for each day, and as a result of doing so, the permit holder is not operating an ongoing business, or does not appear to be doing so.

SPORTING EVENT INFORMATION

All tailgate events be must held in connection with, and in proximity to, a professional, semi-professional or post-secondary sporting event in Ontario.

The applicant be required to provide the following information about the live sporting event: 

1. Type of sport 

2. Category (i.e. Professional, semi-professional or post-secondary)

3. Governing body or league (e.g., Canadian Football League (CFL), National Basketball Association (NBA))

4. Date, time and location of the sporting event

5. Name of participating teams  

If the applicant is applying for more than one tailgate event in the application, the must provide the above information about the sporting event connected with each tailgate event date.

TAILGATE EVENT LOCATION 

The applicant must provide a description of the outdoor area where the tailgate event will be held. Please use specific descriptions (e.g. parking lot, park, fenced area) and name of the area, if applicable.  

The applicant must indicate in the application whether liquor will be sold, served or consumed in tents, marquees, pavilions or tiered seating areas (e.g. bleacher seating, stadium-type seating, seating arranged in sloping tiers).The location/area where the tailgate event is to take place must meet the following requirements:

• The permit/location area where liquor will be sold, served or consumed must be outdoors and at the ground level.

• The permit location/area where liquor will be sold/served/consumed must be readily distinguishable from adjacent areas where the permit does not apply. This means that all areas that are not part of the permit area must be clearly and visibly separated from those areas covered under the Tailgate Event Permit.

• A premise used as a dwelling, not including the common areas of a multiple unit residential building, shall not be used for the sale, service or consumption of liquor under a permit.

• The location may not be in a dry area if liquor is to be sold at the event. A dry area is an area/municipality where liquor is not sold.

• The location cannot be disqualified as set out in the LLCA.

The permit holder will be required to confirm that they are authorized to use the proposed permit area for the tailgate event.

VEHICLES IN THE PERMIT AREA

Under a tailgate event permit, permit holders may allow vehicles to enter and park within the permit area (i.e. a tailgate event taking place in a parking lot).

Permit holders are responsible for ensuring the safety and security of patrons attending the event.

ESTIMATED ATTENDANCE

Indicate how many people are expected to attend the event per day.

SALE OF LIQUOR

This question must be answered “yes” if money will be collected for liquor either directly, through the sale of liquor or drink tickets at the event (e.g. cash bar, sale of drink tickets), or indirectly through an admission charge that covers liquor (e.g. drink tickets included with admission) or the collection of money for liquor before the event.

SUPPORTING DOCUMENTS

The following documents will be required for the application:

• Detailed Sketch - A detailed sketch showing the dimensions of the tailgate event area for which the permit will apply. If there are tents, marquees, pavilions or tiered seating, please include them within the sketch.
  Example:
  

• Notification Letters - Copies of letters sent to the local municipal clerk’s department, police, fire and health departments informing them of the outdoor event. As well as, a copy of the letter sent to the local building department if a tent, marquee, pavilion or tiered seating is used within the permitted area.  

Note: Supplementary documents may be provided to support the review of the application.

If you are selling or serving liquor at your tailgate event, all liquor must be purchased in Ontario from an authorized government retail store (LCBO, The Beer Store or authorized manufacturer’s retail store).

Applicants should contact the Canada Revenue Agency for information concerning any collection of Harmonized Sales Tax (HST) or other obligations they may have related to the HST and the sale of liquor under the permit.

The receipts for all liquor products purchased under the permit must be readily available for inspection during the tailgate event for presentation upon request.

Storage of Liquor

Liquor that has not been consumed that was purchased by the permit holder under the Tailgate Event Permit for sale or service at the event must be removed from the premises at the end of the event. When returning unopened liquor purchased from a government store, the permit holder must produce the permit and a copy of the payment records (e.g. receipts and/or invoices). Check with the retailer at which the liquor was purchased for further details.

If a multiple day event permit is issued, the permit holder may store liquor in accordance with the standards and requirements established by the Registrar.

If there is a change to the permit area(s) or the tailgate event after the permit is issued, including any of the following, the permit holder must submit a change request:

• if there has been a change in the event date, hours and/or location.

• if liquor will be served, sold or consumed in tents, marquees, pavilions or tiered seating.

• if there has been a change to whether the permit holder will charge for liquor directly, through the sale of liquor or drink tickets at the event (e.g. cash bar, sale of drink tickets), or indirectly through an admission charge that covers liquor (e.g. drink tickets included with admission) or the collection of money for liquor before the event.

• if the sporting event for which the Tailgate Event Permit has been issued is cancelled.

In some cases, a new permit may be required. If the permit holder does not notify the AGCO by submitting such a request, administrative action may be taken against the permit holder including, but not limited to, the immediate revocation of the Tailgate Event Permit. Application fees are non-refundable.

PATRONS DEPARTING WITH UNFINISHED LIQUOR

Under a Tailgate Event Permit, the permit holder must allow patrons to bring their own liquor for consumption at the event.

It is the responsibility of the permit holder to ensure that patrons attending the tailgate event do not leave the permit area with unsealed or opened liquor.

The permit holder may allow a patron to remove liquor from the premises if the liquor is in a securely closed container. If a patron is departing the event in a motorized vehicle (other than a form of public transit), the liquor must be sealed and unopened, or packed in baggage that is fastened closed and not readily available to anyone in the vehicle.

ADVERTISING

The permit holder may advertise or promote the availability of liquor only in accordance with the Liquor Licence and Control Act, its regulations and the standards and requirements established by the Registrar.

SECURITY

The permit holder must provide sufficient security to ensure that the conditions of the permit and requirements of the standards and requirements established by the Registrar are observed.

SERVER TRAINING

Smart Serve Ontario offers a responsible liquor beverage service training program for the Ontario hospitality industry. While not a requirement, permit holders and/or their staff may wish to consider taking this training to learn more about safe and responsible sale and service of liquor. For more information, please contact Smart Serve Ontario (see Key Liquor Industry Contacts).