What is an LLCA Ticket in Ontario?
An LLCA ticket refers to a provincial offence notice issued under Ontario's Liquor Licence and Control Act (LLCA) for violating alcohol-related rules that apply to either individuals or businesses. It is not a criminal charge but a regulatory infraction that can carry fines ranging from $100 to $100,000, depending on the severity and context of the offence.
If you're a regular follower of our "Knowledge Centre" blog posts, you've likely developed a keen understanding of Canada's impaired driving laws, police enforcement of them, and the legal process for adjudicating those accused of driving under the influence (DUI) of alcohol and/or drugs. As such, you know that you should not drive after consuming alcohol. Not only is it dangerous, but the legal consequences if charged and convicted of DUI are especially severe.
Alcohol, it should be noted, is one of the most tightly regulated legal substances in Canadian provinces, even superseding the regulation of cannabis. Thus, the long arm of the law stands poised to rap the proverbial knuckles of anyone who runs afoul of any one of dozens of different alcohol-related laws. Fortunately, Ontario's alcohol-related laws are not criminal offences, though the penalties for some carry stiff financial penalties.
"Most individuals who are issued a liquor license and Control Act (LLCA) ticket in Ontario don't need to lawyer up as it is cost prohibitive," says TorontoDUI defence lawyer Jeff Mass . "However, professionals who want to preserve their reputations, and those who want to stand on principle because they are innocent of the charges, will sometimes do so," he adds.
Jeff's TorontoDUI partner, Robbie Tsang , notes that "business owners facing LLCA charges in relation to their commercial operations will often hire a lawyer to avoid or mitigate extensive fines and possible suspension of their liquor licences." Note that maximum fines relating to liquor license violations range from $2,000 to $100,000, while a liquor license suspension can ruin a licensed establishment's business.
Read on to learn more about what you need to know about the LLCA , related alcohol laws, and how they might affect you or someone you know.
The LLCA Covers the Bulk of Ontario's Alcohol-Related Regulations
As Ontario's primary legislation regulating the sale, service, and consumption of alcohol, the LLCA includes nearly 100 distinct rules. While the vast majority of these laws apply to businesses, some cover purchases, consumption, and possession by individuals.
For example, the LLCA establishes Ontario's drinking age at 19. Those under 19 caught consuming, purchasing, attempting to purchase, or otherwise obtaining alcohol face fines of up to $100. However, those under 19 can consume alcohol provided by and in the presence of a parent or legal guardian, and an 18-year-old can legally possess alcohol during employment with a licensed establishment.
The LLCA also prohibits public consumption of alcohol and anyone from being in an intoxicated condition in a public place or in "any part of a residence that is used in common by persons occupying more than one dwelling unit." Those issued an LLCA ticket for either offence face fines of up to $100. Additionally, Ontario police can confiscate any alcohol found while investigating these offences and may detain or arrest individuals who pose a public safety risk or fail to provide valid identification.
Other alcohol-related actions by individuals that can result in LLCA sanctions include:
- Using or attempting to use a fake or someone else's ID to secure alcohol or enter a licensed establishment — fines of up to $500.
- Conveying or having care and control over open alcohol in a motorized vehicle or boat — up to $100 in fines for passengers and $175 for the driver.
- Purchasing or otherwise supplying alcohol to someone under age 19 (parents and legal guardians excepted) — fines of up to $500.
Public Intoxication Is Also a Federal Criminal Offence
Ontario Police have the option of charging those intoxicated in public with a Criminal Code summary conviction offence if their intoxication is causing a public disturbance, indecent exhibition, or obstructing other people's ability to use the public space. A conviction of this Section 175(1) Criminal Code offence can result in a maximum penalty of six months in jail, a $5,000 fine, or both.
Licensed Businesses Face Harsher LLCA Penalties
While Ontario Police typically handle most charges stemming from individual LLCA violations, The Alcohol and Gaming Commission of Ontario (AGCO) has primary oversight of regulating licensed establishments under the LLCA. Any licensed establishment that violates the LLCA faces possible suspension or revocation of its liquor license, along with stiff fines. While an employee may be responsible for violating the LLCA — such as selling alcohol to someone under 19 — the AGCO sanctions the liquor license holder for the violation. Given the severity of LLCA penalties, most employees who violate it undoubtedly face significant disciplinary actions from their employer.
As previously noted, the financial penalties for commercial LLCA violations are harsh. These penalties are detailed in the latest (May 5, 2015) AGCO Schedule of Monetary Penalties Relating to the Liquor Licence and Control Act, 2019 and its Regulations. Commercial LLCA regulations that you are likely familiar with include serving or selling alcohol to those under 19 and those who are intoxicated. The latter carries fines of up to $50,000, while the former imposes penalties of up to $100,000. Some other LLCA regulations — and fines — that may be of interest include:
- Failing to check the ID of persons appearing to be under 19 — up to $15,000.
- Engage in or permit practices "that may tend to encourage patrons' immoderate consumption of liquor — up to $6,000.
- Selling alcohol during prohibited timeframes — up to $15,000.
- Selling alcohol in containers that are not securely closed — up to $6,000.
- Allowing a person to drink or hold alcohol while driving a golf cart on a golf course — up to $6,000.
- Sell adulterated alcohol — up to $15,000.
TorontoDUI Can't Help You with LLCA Offences — DUI, Yes!
We trust that this blog detailing the LLCA has helped expand your knowledge about Canadian and Ontario alcohol laws. While we don't generally provide legal services for those who run afoul of the LLCA, we have a stellar 15-plus-year record of successfully defending thousands of Greater Toronto Area clients who have been arrested for criminal DUI. To learn more about our extensive DUI legal expertise and how we would strategize an effective defence for your impaired driving charges, contact TorontoDUI for a free consultation.
