NEWS
Toronto ON – On Friday, August 16, 2024, the Alcohol and Gaming Commission of Ontario (AGCO) conducted an unannounced inspection at Mabelle Tuck Shop located at 24 Mabelle Avenue in the City of Toronto. The regulator had received information that various alcohol products were seen to be available for sale at the store.
The AGCO Inspector found the licensee violating multiple retail market rules, including retailing alcohol, which is not permitted before the September 5, 2024 effective date for Ontario’s expanded liquor retail market. The AGCO Inspector also found that the licensee was selling spirits, which convenience store licensees are not permitted to sell under Ontario’s new expanded liquor retail market rules. Finally, the AGCO Inspector found that the licensee was retailing liquor they had not purchased via official LCBO channels using their business account.
Given the multiple infractions of the Liquor Licence and Control Act and its Regulations and the Gaming Control Act, the AGCO has served the licensee with a Notice of Proposal to Suspend their alcohol retail licence and their lottery retailer registration for a duration of 21 days. These compliance methods demonstrate the AGCO’s established system for both social responsibility and compliance.
An establishment served with a notice of suspension has the right to appeal it within 15 days to the Licence Appeal Tribunal, which is an adjudicative tribunal independent of the AGCO and part of Tribunals Ontario.
QUOTES
"As the next phase in Ontario’s expansion of the liquor retail market approaches, the AGCO is focused on ensuring licensees understand and comply with their obligations for the responsible sale of alcohol. The AGCO has a wide-ranging compliance monitoring process and will take strong measures to enforce social responsibility and ensure a smooth transition to the new, expanded marketplace."
Dr. Karin Schnarr, Registrar and CEO, AGCO
ADDITIONAL INFORMATION
Per the Liquor Licence and Control Act, Section 2, Except under the authority of a licence or permit, no person shall, keep for sale, offer for sale or sell liquor.
- A Convenience Store Licence does not authorize the licensee to sell spirits, such as vodka, rum, gin, whiskey, and other spirits.
- Per Regulation 746 made under the Liquor Licence and Control Act
- Section 87 (1) requires that the licensee must purchase all liquor from the LCBO and must comply with all terms and conditions relating to the sale.
- All alcohol must be bought through the licensee’s business account with the LCBO
- Section 87 (6) sets out that, if the licence is a convenience store licence, the licensee shall not sell or offer for sale liquor in the store before September 5, 2024.
- Section 87 (1) requires that the licensee must purchase all liquor from the LCBO and must comply with all terms and conditions relating to the sale.
- Per the Gaming Control Act, Section12, The Registrar may propose to suspend or to revoke a registration for any reason that would disentitle the registrant to registration or renewal of registration under section 10 or 11 if the registrant were an applicant.
- A lottery retailer must act in accordance with the law, with integrity, honesty and in the public interest.
- The AGCO opened its application process for new and existing convenience and grocery stores in Ontario to apply for alcohol retail licences on June 17, 2024.
- As of August 26, 2024, the AGCO has approved 4,074 Convenience Store Licences and 159 Grocery Store Licences. Most of the licences issued to date have been to businesses that already held a lottery retailer, liquor sales, or grocery store licence from the AGCO.
- Increased AGCO-enforced compliance methods, including inspections of businesses will occur as Ontario moves to an expanded marketplace.
MEDIA CONTACT
AGCO Communications
media@agco.ca
ABOUT THE AGCO
The Alcohol and Gaming Commission of Ontario (AGCO) is an Ontario provincial regulatory agency reporting to the Ministry of the Attorney General (MAG). It is a corporation under the Alcohol and Gaming Commission of Ontario Act, 2019.
The AGCO is responsible for regulating the alcohol, gaming, horse racing and private cannabis retail sectors in Ontario in accordance with the principles of honesty and integrity, and in the public interest.