Amendments to Liquor Licensing Regulations
Government of Nova Scotia

Please be advised that, effective June 29th 2010, the Liquor Licensing Regulations have been amended with the aim to:

 

BACKGROUND

In 2007, the Liquor Licensing Regulations were amended, resulting in unforeseen and unintended delays and costs for license applicants, existing licensees, the Utility and Review Board (the “Review Board”), and the Alcohol and Gaming Division (the “AGD”), to meet the new regulatory requirements. In particular, concern has been expressed about the extent of the Review Board’s involvement in administrative matters that could be more efficiently dealt with by the AGD.

The purpose of the current amendments to the Liquor License Regulations is to transfer administrative functions from the Review Board to the AGD, so that the Review Board activities will be more appropriately focussed on adjudicative functions.  In addition, the amendments are intended to clarify various issues to help ease the liquor license application, renewal and transfer processes.

 

THE AMENDMENTS

Entertainment:  Unless restricted by existing license conditions, licensees no longer require approval for changes to entertainment.  However, licensees should check with the AGD before making any changes to entertainment to ensure that there are not conditions on their license.  This will allow licensees to be more flexible with regards to entertainment options that they offer.

Non-structural change to floorplan:  Licensees must continue to apply for all changes to floorplans.  However, the AGD can now approve many changes to the layout of a licensed premises as long as they do not involve "structural" changes.  Examples of such alterations include the erection of a half wall, movement of the bar, movement of the dance floor.  Previously the Review Board had to approve these changes.  This will speed up the approval times for licensees, allowing licensees to make changes to respond to their customers.

Change in manager:  Amendments now allow the AGD to approve changes of managers.  Previously, managers had to be approved by the Review Board.   The AGD will no longer require letters of reference for new managers.  This will result in faster approvals and less red tape.

Caterer extension and NSLC permits:  Now whenever a caterer extension from another licensee, or a NSLC permit, is issued for a part of a licensed premises, the permanent license is automatically suspended.  This eliminates the need for a permanent licensee to apply to the Review Board for a temporary suspension for such events and will make it easier and quicker for licensees to host these types of events.

Class 4 special occasion license:  This is a new class of special occasion license to allow a permanent licensee to expand their licensed areas for a temporary special event.  These licenses will be issued by the AGD and will not require the licensee to apply to the Review Board, as was required.  This will improve the timeliness of approvals for licensees.  An example would be a Canada Day barbeque in a temporary area immediately next to the licensed premises.  We have attached our policy for SOL Class 4 licenses for your information.

Activities not permitted in licensed premises:  The regulations have been amended to clarify that the licensee is responsible for the control of activities both in, and about, its premises that may either interfere with the control of the licensed premises, or the quiet enjoyment of the area.  The licensee must be mindful of what activities occur both inside and immediately outside the licensed premises.  An example of this would be orderly control over the lineup to get into a licensed establishment.

Interference with quiet enjoyment: Amended the section of the regulations that only allowed quiet enjoyment complaints to be heard by the Review Board at the time that a license is renewed (every 3 years).  Individuals can now raise concerns with the Review Board at any time.  This is beneficial to both licensees and the public.  In cases where there are truly quiet enjoyment issues, these can be dealt with immediately.  In cases where the complaints are unfounded, licensees do not have to be subjected to continual complaints that can last up to 3 years.  The amendments will allow concerns about quiet enjoyment to be brought before the Review Board in a more timely manner, and to be appropriately addressed.

Combined lounge and eating establishment:  The new regulations will allow the AGD, rather than the Review Board, to approve requests that allow an eating establishment to convert to a lounge and vice versa.  This will streamline the approval process for conversion requests, allowing licensees to get approval in a more timely manner.

Information required for a club or association: Under the new regulations, applicants for a liquor license that are a club or association, will need to provide a criminal records check only for either the president, or for the officer who will be in charge of the premises.  Formerly, the regulations required a criminal records search for each executive member.

Licensees that are corporations or partnerships:  The regulations are amended so that a licensee that is a corporation or partnership must apply, and receive approval, for the transfer of its liquor license, before making any changes in its share structure or ownership that results in a change in control of the corporation.  This amendment will ensure that the proper control of licensed premises is maintained during transfers.  Formerly, the licensee need only apply for the transfer, and not await approval, before making such changes.

Premises closed longer than 7 days:  Amendments will allow the Review Board to suspend a permanent license if the premises is closed, or not in operation, for more than seven days.  Changes also provide for the automatic expiry of a license if it remains suspended for 12 months, unless the Review Board orders otherwise.  This will address the problem of licensed premises remaining closed or non-operational indefinitely. This will allow new, viable businesses to open.

Reinstating expired licenses:  The length of time available to a licensee to apply for reinstatement of an expired license has been reduced to 10 days from 30.  This will shorten the time that a premises remains closed before it could be taken over by an applicant for a new license.  This will allow new businesses to open more quickly.

 

FOR MORE INFORMATION

The amended Liquor Licensing Regulations can be found on our web site at: http://www.gov.ns.ca/lwd/agd/. 

Please contact us if you would like a printed copy mailed to you or if you have any questions or require further clarification about these changes. 

For liquor licensing enquiries:
Jennifer Prince-Hudson, Manager of Licensing
pricejl@gov.ns.ca
902-424-6122

For compliance enquiries:
JP Landry, Regional Manager, Metro and Western Region
landryjv@gov.ns.ca
902-424-6394

-or-

Jeff Barnes, Regional Manager, Central and Cape Breton Region
barnesjb@gov.ns.ca
902-563-3496