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Questions and Answers
What constitutes intoxication under the LLCA?
In which of the following locations is a person prohibited from being intoxicated?
Under what condition can a police officer arrest someone without a warrant according to the LLCA?
Which of the following is NOT a mistaken condition that may be confused with intoxication?
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What is the primary purpose for a police officer to arrest someone under the intoxication law?
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Which of the following symptoms could lead to a mistaken belief of intoxication?
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What are the two authorities mentioned that allow for an arrest under the LLCA?
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Which question might help ascertain whether a person is intoxicated or has a medical condition?
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Which of the following best exemplifies a public place where intoxication laws apply?
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What must police or conservation officers find to make an arrest for intoxication?
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What is prohibited for a person under the age of 19 regarding liquor?
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Under what condition is unlawful supply of alcohol committed?
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What action can a police officer take if they believe a person under 19 has violated the act?
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What is the definition of 'liquor' under the LLCA?
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What does the acronym 'P O A C H' represent in terms of actions illegal for those under 19?
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What must be true for a police officer to refer someone to a youth prevention program?
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What does the term 'unlawful consumption' refer to under the LLCA?
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Which of the following actions is NOT a right prohibited for individuals under the age of 19?
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What is the penalty for unlawful supply of alcohol under the LLCA?
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Which of the following statements about the illegal supply of alcohol is FALSE?
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Which of the following accurately describes the term 'alcohol' in the context of the Liquor Licence Act?
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What distinguishes a 'Residence' according to the Liquor Licence Act?
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Under what condition can liquor be legally transported in a motor vehicle according to the Liquor Licence Act?
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Which of the following is classified as an 'Indoor Private Place'?
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When is possession exemption not applicable per the Liquor Licence Act?
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What defines an 'Open Container' under the Liquor Licence Act?
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Which location does NOT qualify as a 'Private Place, Boat' under the Liquor Licence Act?
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What is required for liquor to be considered in a 'Closed Container'?
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What is a requirement for a 'Private Place, Motor Vehicle' according to the Liquor Licence Act?
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Which of the following describes a 'Closed Container' exemption in the context of unlawful conveyance?
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What requirement must be fulfilled for liquor to be stored in a vehicle without restrictions?
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Under which circumstances can a person under 19 legally possess liquor?
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What constitutes unlawful supply of alcohol?
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What must a police officer find to arrest someone for intoxication in a public place?
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What authority allows a police officer to seize evidence of an offense?
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What is necessary for a person to be taken to a detox center?
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What does 'fail to identify' refer to in legal terms?
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When can a police officer search a vehicle for liquor?
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Which of the following is considered unlawful consumption under the guidelines?
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In what situation is an exemption for possession under 19 not applicable?
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Study Notes
Offences Under the Liquor Licence and Control Act (LLCA)
- Jane Brown charged for supplying liquor to a minor, under section 33(1)(a) LLCA, facing fines between $200 and $200,000.
- David Peters charged for both purchasing and possessing liquor under the age of 19, violating section 34(1) LLCA, with a set fine of $100.
Definitions of Alcohol and Liquor
- Alcohol is defined as a product of fermentation or distillation of grains, fruits, or agricultural products, including synthetic ethyl alcohol.
- Spirits are alcoholic beverages obtained through distillation.
Restrictions for Minors
- Individuals under 19 years can neither possess, consume, purchase, nor attempt to purchase liquor.
- Licenses allow for certain exemptions; minors can possess alcohol in the course of employment if 18 or older.
Parental Exemption
- Parents can supply and allow consumption of liquor by minors in private residences or designated private places.
Unlawful Possession and Consumption
- Possession or consumption of liquor is unlawful outside of residences, licensed premises, or designated private places.
- Closed containers, such as partially filled bottles, are permissible for transport.
Definitions of Places
- A Residence is a dwelling actually occupied, including adjacent land, where public access is restricted.
- A Private Place is an indoor location not ordinarily accessible to the public, which includes boats equipped for living.
Intoxication Regulations
- Individuals are prohibited from being intoxicated in public places or in common areas of residences.
- Intoxication is defined by substantial impairment of one's physical and mental functions due to alcohol.
Arrest Authorities
- Law enforcement can arrest individuals without a warrant if they find someone intoxicated in a public space, necessary for safety.
- Conditions such as fatigue or medical emergencies may cause mistaken identification of intoxication.
Additional Considerations
- Officers should determine a person's well-being through questions regarding injuries or medical conditions before assuming intoxication.
Spirits
- Defined as any beverage containing alcohol obtained through distillation.
- Includes alcohol derived from grains, fruits, or other agricultural products, as well as synthetic ethyl alcohol.
Liquor Categories
- Spirits, wine, and beer are main categories differentiated by their production processes.
- Beer is obtained through fermentation of barley, malt, and hops.
- Wine is produced by fermenting natural fruit sugars.
Licensing and Permits
- A "Licence" is issued under the Liquor Licence and Control Act (LLCA).
- A "Permit" is also granted under the LLCA for specific activities.
- Selling liquor is restricted to licensed entities and authorized individuals.
Purchasing and Possession
- Alcohol can only be purchased from the LCBO, authorized licensees, or through regulations.
- Individuals may possess liquor if obtained from a retail store for personal use, under a license or permit, or was lawfully manufactured or imported.
Unlawful Consumption and Supply
- Drinking alcohol that is not classified as liquor is prohibited.
- Supplying alcohol not considered liquor is prohibited if the intent is that the other person will drink it.
Age Restrictions
- Individuals under 19 years of age cannot have, consume, purchase, or obtain liquor.
- Specific terms outlining illegal actions regarding alcohol are summarized as "P O A C H" (Purchase, Obtain, Attempt to purchase, Consume, Have).
Diversion Option for Minors
- Police can refer minors suspected of contravening age restrictions to youth education programs instead of legal proceedings.
- This provision aims to address underage drinking without the need for criminal charges.
Regulatory Framework
- The LLCA includes specific regulations (e.g., O.Reg 746/21, O.Reg 747/21) governing licenses and permits associated with selling liquor.
- Sections within the LLCA outline various offenses related to liquor sales and consumption, especially concerning minors.
RTA Review Responsibilities
- Ensure peace and safety
- Remain objective and avoid giving legal advice
- Ask for relevant documents and make necessary referrals
- Note potential police evidence for tribunals or courts
Definition of Liquor and Alcohol
- Liquor encompasses Spirits, Wine, Beer, and any alcohol suitable for human consumption.
- Alcohol originates from the fermentation or distillation of grains, fruits, or other agricultural products and includes synthetic ethyl alcohol.
- Fermentation relates to Beer and Wine production, while distillation pertains to Spirits.
Definitions of Locations
- Residence: A dwelling actively occupied, including related premises inaccessible to the public, such as adjacent land used with a tent.
- Indoor Private Place: A location typically not open to the public except during specific occasions; excludes rental spaces available for public use.
- Private Place - Motor Vehicle: A vehicle with sleeping accommodation and cooking facilities used as a residence off the highway.
- Private Place - Boat: A boat equipped with permanent sleeping, cooking, and sanitary facilities, either anchored or docked.
Container Types
- Closed Container: An unopened container with an unbroken seal.
- Open Container: A container that is not closed or sealed.
Possession and Exemption Conditions
- Possession involves knowledge, consent, or control over liquor.
- Closed containers are exempt from possession laws; for example, carrying a partially full bottle of whiskey is permissible if sealed.
Unlawful Conveyance Exemptions for Motor Vehicles
- Liquor in an unopened container with an unbroken seal is allowed to be stored anywhere in the vehicle.
- If the container is closed but the seal is broken, the liquor must remain in fastened baggage or be kept out of easy reach from occupants.
Boat "Underway"
- Unopened liquor containers with unbroken seals can be stored anywhere on a boat.
- Liquor must be in a closed compartment if the container's seal is broken.
- Specific requirement for storage: no locked compartment is mentioned.
Unlawful Consumption
- Consuming alcohol that is not classified as liquor is prohibited (e.g., mouthwash).
Unlawful Supply
- Providing alcohol in a non-liquor form with the knowledge that the recipient intends to consume it is illegal.
Under 19 Offences
- Individuals under 19 years cannot purchase, obtain, attempt to purchase, consume, or possess liquor.
Under 19 Exemptions
- Individuals aged 18 may possess liquor for employment purposes in authorized licensed venues.
- Parents or guardians may supply liquor to someone under 19 in a private residence, with consumption limited to that individual and occurring only at the supplying location (no supervision required).
Arrest Authorities
- Intoxication in a public place is subject to a three-part test for arrest:
- The person must be intoxicated by alcohol.
- They must be in a public space or common area.
- Arrest must be deemed necessary for the safety of any individual.
Fail to Identify
- If a person is found violating the Act, failure to provide a true name or address can lead to further action, particularly if the officer suspects the ID is false.
Seizure Authority
- Law enforcement can seize items if they serve as evidence of an offense or help prevent its continuation, including proceeds from the offense.
Detox Centre
- A person showing signs of intoxication must comply fully to be taken to a detox center.
- Authorities may transfer individuals to a designated hospital instead of filing a formal charge.
Search Authority
- Police officers, with reasonable grounds, can search any vehicle and its occupants if they suspect unlawful liquor is present.
- The individual must be present within the vehicle at the time of the search.
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Description
Test your knowledge on Case #3 of the Liquor Licence and Control Act. This quiz covers the details of offences related to supplying liquor to minors and the associated penalties. Understand the legal implications and regulatory framework of this provincial statute.
