BILL 57 An Act to Amend the Liquor Control Act

BILL 57

 

An Act to Amend the Liquor Control Act

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended

 

(a) in the definition "winery licence" in the English version by striking out the period at the end of the definition and substituting a semicolon;

(b) by adding the following definition in alphabetical order:

"wine serving licence" means a wine serving licence issued under this Act and "wine serving licensee" means the person named in a subsisting wine serving licence as the licensee.

 

2 Section 41 of the Act is amended by adding after subsection (5) the following:

41(5.1) Subject to this Act and the regulations, a person who is of the full age of nineteen years may carry or convey one bottle or other package of wine that contains no more than 750 ml of wine, or one bottle or other package of wine on behalf of a group of persons who are of the full age of nineteen years if it contains no more than 750 ml of wine per person in that group, into the licensed premises or an area referred to in subsection 89.1(3) of a wine serving licensee who permits patrons to take wine into the licensed premises or area for consumption with a meal, if

 

(a) the wine was

(i) purchased lawfully by the person within the Province,

(ii) brought lawfully by the person into the Province, or

(iii) received by the person in good faith as a gift,

(b) the wine was manufactured

(i) in the Province, by the holder of a winery licence, or

(ii) outside the Province, by an enterprise that is in the business of making wine in bulk for sale to the general public,

 

(c) the bottle or other package bears the label of the winery licensee or the enterprise or a label provided by the Corporation,

 

(d) the wine is contained in an unopened bottle or other package and the seal, if any, on the bottle or other package is unbroken, and

 

(e) subject to this Act, the wine is consumed by the person and by other patrons with a meal in the licensed premises or area.

 

3 Section 63 of the Act is amended

(a) by striking out the portion preceding paragraph (a) and substituting the following:

63 The classes of licences under this Act are:

 

(b) by adding after paragraph (b) the following:

(b.1) a wine serving licence;

4 Section 63.01 of the Act is amended

(a) in subsection (1) by striking out "paragraph 63(a), (b)" and substituting "paragraph 63(b)";

(b) in subsection (3) by striking out "paragraph 63(a), (b)" and substituting "paragraph 63(b)";

(c) in subsection (4) by striking out "paragraph 63(a), (b)" and substituting "paragraph 63(b)";

(d) in subsection (6) by striking out "paragraph 63(a), (b)" and substituting "paragraph 63(b)".

5 Section 64 of the Act is amended in the portion preceding paragraph (a) by striking out "paragraph 63(a), (b)" and substituting "paragraph 63(b), (b.1)".

6 Subsection 66(1) of the Act is amended in the portion preceding paragraph (a) by striking out "for the sale of liquor".

7 Section 69 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out "paragraph 63(a), (b)" and substituting "paragraph 63(b), (b.1)";

(ii) in paragraph (c) by striking out the portion preceding subparagraph (i) and substituting the following:

(c) except in the case of a person who applies for a wine serving licence in respect of a business that provides overnight accommodation for guests, the person has provided the Minister with

(iii) by adding after paragraph (c) the following:

(c.1) in the case of a person who applies for a wine serving licence in respect of a business that provides overnight accommodation for guests, the person has provided the Minister with proof that the business is an approved business in accordance with the regulations,

 

(b) by repealing paragraph (5)(d) and substituting the following:

(d) set forth such other documentation, information, descriptions or plans, as may be required by the regulations or the Minister, of that part of the premises in which it is proposed

 

(i) in the case of a wine serving licence, to serve wine, or

(ii) in the case of any other licence, to keep and sell liquor.

8 The Act is amended by adding after section 89 the following:

WINE SERVING LICENCE

89.1(1) A wine serving licence may be issued to a person who holds no other licence under this Act and who

(a) offers a public food service within a defined area approved in accordance with the regulations, or

(b) is in the business of providing overnight accommodation for guests and whose business is an approved business in accordance with the regulations.

89.1(2) A wine serving licence authorizes the licensee

(a) to permit each patron who is of the full age of nineteen years, to bring wine, in accordance with subsection 41(5.1), into the licensed premises or an area referred to in subsection (3), if the bottle or other package is opened by and the wine is served by the licensee or an employee or agent of the licensee and the wine is consumed by the patron and by other patrons, together with a meal prepared and served by the licensee or an employee or agent of the licensee, in the licensed premises or the area, and

 

 

(b) to charge a patron referred to in paragraph (a) a fee for the licensee or an employee or agent of the licensee to open the bottle or other package and serve the wine to the patrons.

 

89.1(3) The Minister may, at the time of application for a wine serving licence or upon application by a wine serving licensee after its issue, subject to such conditions as the Minister may attach, designate an area adjacent to and outside of the licensed premises for the purposes of subsection (2), which area may include an area on lands that are leased or owned by the licensee and an area of which the true owner or, if a public place, over which the authority having jurisdiction, as the case may be, has given written permission to the licensee to serve wine and to permit patrons to consume wine, and any reference in this Act to the premises of a wine serving licensee includes a reference to an area so designated.

 

 

 

89.2 No wine serving licensee and no employee or agent of a wine serving licensee shall open a bottle or other package of wine for and serve wine to a patron unless

 

(a) the wine was

(i) purchased lawfully by the patron within the Province,

(ii) brought lawfully by the patron into the Province, or

(iii) received by the patron in good faith as a gift,

(b) the wine was manufactured

(i) in the Province, by the holder of a winery licence, or

(ii) outside the Province, by an enterprise that is in the business of making wine in bulk for sale to the general public,

 

(c) the bottle or other package bears the label of the winery licensee or the enterprise or a label provided by the Corporation,

 

(d) the wine is contained in an unopened bottle or other package and the seal, if any, on the bottle or other package is unbroken, and

 

(e) subject to this Act, the wine is consumed by the patron and by other patrons with a meal in the licensed premises or area referred to in subsection 89.1(3).

 

9 Paragraph 124.2(3)(a) of the Act is amended by striking out "paragraph 63(a), (b)" and substituting "paragraph 63(b), (b.1)".

10 Section 127 of the Act is amended

(a) by adding after subsection (1) the following:

127(1.1) No wine serving licensee shall serve or cause or permit to be served in the licensed premises any wine

 

(a) except during the hours and on the days when it may be lawfully served, and

(b) of an amount or kind that is not lawful for the licensee to serve under the wine serving licence.

(b) by repealing subsection (2) and substituting the following:

127(2) The Minister may by order prescribe the hours of liquor service for the purposes of subsections (1) and (1.1), and may by order prescribe tolerance periods during which persons may, after the closing hour prescribed for liquor service, finish the consumption of the liquor served to them before the closing hour.

 

(c) in subsection (3) by striking out "hours of sale" and substituting "hours of liquor service".

11 Section 128 of the Act is amended in the portion preceding paragraph (a) by striking out "for the sale or consumption" and substituting "for the sale, serving or consumption".

 

12 Section 163 of the Act is amended

(a) in the portion preceding paragraph (1)(a) by striking out "for the sale or consumption" and substituting "for the sale, serving or consumption";

(b) in the portion preceding paragraph (1.1)(a) by striking out "for the sale or consumption" and substituting "for the sale, serving or consumption".

13 Section 177 of the Act is repealed and the following is substituted:

177 In describing the offence respecting the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, serving, purchasing or the consumption of liquor, in any information, summons, conviction, warrant, or proceeding under this Act, it is sufficient to state the sale or keeping for sale, or disposal, having, keeping, giving, serving, purchasing, receiving, or consumption of liquor simply, without stating the name or kind of the liquor or the price of the liquor, or any person to whom it was sold, disposed of or served, or by whom it was taken or consumed, or from whom it was purchased or received; and it is not necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, served, purchased, or consumed, except in the case of offences where the quantity is essential, and then it is sufficient to allege the sale, disposal or service of more or less than that quantity.

 

 

14 Section 181 of the Act is amended

(a) by adding "serving," after "giving,";

 

(b) by adding "served," after "given,".

 

15 Subsection 185(1) of the Act is amended by adding ", serving" after "gift" wherever it appears.

 

16 Subsection 200(1) of the Act is amended

(a) by adding after paragraph (e) the following:

(e.1) respecting the approval of a public food service within a defined area for the purposes of paragraph 89.1(1)(a);

(e.2) respecting approved businesses for the purposes of paragraphs 69(1)(c.1) and 89.1(1)(b);

(e.3) for the purposes of sections 89.1 and 89.2, respecting the opening of bottles or other packages of wine, the serving of wine, the advertising about the opening of bottles or other packages of wine or about the serving of wine, and any other matter in relation to the opening of bottles or other packages of wine or the serving of wine;

(b) in paragraph (i) by striking out "to be sold or consumed" and substituting "to be sold, served or consumed";

 

(c) in paragraph (k) by striking out "sold" and substituting "sold or served".

 

17 Schedule A of the Act is amended by adding after

127(1) E

the following:

127(1.1) E

18 Paragraph 1(b), section 6, paragraphs 7(a) and (c), sections 8, 10, 11, 18, 19 and 22 and paragraph 29(b) of An Act to Amend the Liquor Control Act, chapter 37 of the Acts of New Brunswick, 1996, are repealed.

19 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

A definition is added.

Section 2

A person is permitted to carry or convey wine in accordance with the new subsection 41(5.1) into an establishment that has a wine serving licence.

Section 3

(a) and (b) A wine serving licence is added to the list of the classes of licences issued under the Liquor Control Act.

 

Section 4

(a) The existing provision is as follows:

63.01(1) No licensee who holds a licence of a class referred to in paragraph 63(a), (b), (c), (d), (g) or (j) shall by himself or by his partner, employee or agent provide or make available live entertainment within premises in respect of which his licence is issued unless he holds a licence issued under this section.

(b) The existing provision is as follows:

63.01(3) Upon application, upon payment of the prescribed fee and upon compliance with this Act and the regulations, the Minister may issue to the holder of a licence of a class referred to in paragraph 63(a), (b), (c), (d), (g) or (j) a licence to provide live entertainment in a licensed premises or a portion of a licensed premises.

 

 

(c) The existing provision is as follows:

63.01(4) An application for a licence under this section may be combined with an application for a licence of a class referred to in paragraph 63(a), (b), (c), (d), (g) or (j) and all notices, hearings and other proceedings with respect to the two licences may, subject to the approval of and directions from the Minister, be combined.

(d) The existing provision is as follows:

63.01(6) This section applies only to licensees whose licences of a class referred to in paragraph 63(a), (b), (c), (d), (g) or (j) are issued or renewed after the coming into force of this section.

Section 5

The existing provision is as follows:

64 A licence of a class referred to in paragraph 63(a), (b), (c), (d), (g) or (j) shall be issued only to

(a) a resident in Canada on the date of the application,

 

(b) a partnership of which each of the partners is qualified as provided in paragraph (a),

(c) a railway corporation in respect of its hotels, trains or resort golf club houses,

(d) a corporation that owns and operates hotels in connection with a railway and more than half of the stock of which is owned by a railway corporation, or

(e) any other corporation that is incorporated or authorized to carry on its business in New Brunswick under the laws of New Brunswick if

(i) a majority of the directors,

(ii) the person or persons holding a majority ownership interest, and

(iii) the officer or agent who is in charge of the premises to be licensed

are personally qualified under paragraph (a).

 

Section 6

The existing provision is as follows:

66(1) Subject to this section, in respect of renewals, a licence of any of the classes authorized by this Part for the sale of liquor shall be held to be a licence only to the person named in the licence and for the premises mentioned in the licence, and remains valid only as long as….

 

 

Section 7

(a) With the amendment, the preliminaries to the issuance of certain classes of licences will apply to the new wine serving licence. Special provisions are added for a person who applies for a wine serving licence in respect of a business that provides overnight accommodation for guests.

(b) The existing provision is as follows:

69(5) The application shall….

(d) set forth such other documentation, information, descriptions or plans of that part of the premises in which it is proposed to keep and sell liquor under the licence applied for as may be required by the regulations or the Minister.

 

Section 8

Classes of persons to whom a wine serving licence may be issued and the authority of a wine serving licensee and his or her employees and agents are established. The Minister may designate areas adjacent to and outside of the licensed premises as included within the scope of a wine serving licence. Requirements in respect of serving wine under a wine serving licence are set out.

 

Section 9

The existing provision is as follows:

124.2(3) Subject to subsection (8), the Minister may, without a hearing,

(a) cancel a licence referred to in paragraph 63(a), (b), (c), (d), (g) or (j) or issued under section 63.01 if the licensee is convicted of a breach of any provision referred to in paragraph 69(1)(e), and….

Section 10

(a) The new provision sets out the duties of a wine serving licensee in relation to serving wine in the licensed premises.

(b) The existing provision is as follows:

127(2) The Minister may by order prescribe the hours of sale for the purpose of subsection (1), and may by order prescribe tolerance periods during which persons may, after the closing hour prescribed for the sale of liquor finish the consumption of liquor sold or given and served to them prior to the closing hour.

(c) The existing provision is as follows:

127(3) The hours of sale and the tolerance periods mentioned in subsection (2) may vary for different classes of licence, for club licensees certified by the Minister as carrying on sports activities for its members in good faith, for the areas of the premises approved under section 89 and for any portions or areas of the premises set out in the order.

 

 

Section 11

The existing provision is as follows:

128 No licensed premises shall be open for the sale or consumption of liquor…

 

Section 12

(a) The existing provision is as follows:

163(1) At any time that any licensed premises are open to the public or at any time during the hours fixed by regulation for the sale or consumption of liquor in licensed premises, an inspector may….

 

(b) The existing provision is as follows:

163(1.1) At any time during the hours fixed by the Minister for the sale or consumption of liquor in premises specified in a special occasion permit granted under section 47, an inspector may….

Section 13

The existing provision is as follows:

177 In describing the offence respecting the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, purchasing or the consumption of liquor, in any information, summons, conviction, warrant, or proceeding under this Act, it is sufficient to state the sale or keeping for sale, or disposal, having, keeping, giving, purchasing, receiving, or consumption of liquor simply, without stating the name or kind of the liquor or the price thereof, or any person to whom it was sold or disposed of, or by whom it was taken or consumed, or from whom it was purchased or received; and it is not necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of offences where the quantity is essential, and then it is sufficient to allege the sale or disposal of more or less than that quantity.

 

 

 

 

 

Section 14

(a) and (b) The existing provision is as follows:

181 In describing the offence respecting the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, purchasing or the consumption of liquor, in any information, summons, conviction, warrant, or proceeding under this Act, it is sufficient to state the sale or keeping for sale, or disposal, having, keeping, giving, purchasing, receiving, or consumption of liquor simply, without stating the name or kind of the liquor or the price thereof, or any person to whom it was sold or disposed of, or by whom it was taken or consumed, or from whom it was purchased or received; and it is not necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of offences where the quantity is essential, and then it is sufficient to allege the sale or disposal of more or less than that quantity.

 

 

Section 15

The existing provision is as follows:

185(1) In proving the sale, disposal, gift or purchase, gratuitous or otherwise, or consumption of liquor, it is not necessary in any prosecution to show that any money actually passed or any liquor was actually consumed, if the judge hearing the case is satisfied that a transaction in the nature of a sale, disposal, gift or purchase actually took place, or that any consumption of liquor was about to take place.

 

Section 16

(a) Regulation-making authority is added.

(b) The existing provision is as follows:

200(1) Upon the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations….

(i) providing for the inspection and supervision of licensed premises and regulating the control and conditions under which liquor is to be sold or consumed in such premises;

(c) The existing provision is as follows:

200(1) Upon the recommendation of the Minister, the Lieutenant-Governor in Council may make regulations….

(k) prescribing the type or kind of glass or container to be used in any licensed premises to contain liquor sold by the glass, and the marking, if any, that must appear thereon;

 

Section 17

The new subsection 127(1.1) is added to Schedule A.

Section 18

Repeal provision.

Section 19

Commencement provision.