Liquor Licence Act 2 of 3.pdf

www.opcva.ca Liquor Licence and Control Act #2 of 3 Provincial Statutes - Session #10 Version: BCT – Provincial Statutes | Jan 2024 PD © Queen's Printer for Ontario, 2018  Review - Case #3 - Offences: Jane Brown - knowin...

www.opcva.ca Liquor Licence and Control Act #2 of 3 Provincial Statutes - Session #10 Version: BCT – Provincial Statutes | Jan 2024 PD © Queen's Printer for Ontario, 2018  Review - Case #3 - Offences: Jane Brown - knowingly supply liquor to a person under 19 years 33(1)(a) LLCA (NSF) - maximum fine individual - $200,000 minimum $200 for minor involved offences - use Part III short form summons – form 104 - before information laid - officer found at or near place of offence 2 Jane Brown Part III (Facts in Issue) 3  Review – Case #3 - Offences: David Peters - being under 19 year purchasing liquor 34(1) LLCA - being under 19 having liquor 34(1) LLCA - may use Part 1 offence notice – not a young person under POA - set fine - $100.00 - May also exercise Diversion Option Sec 72 LLCA 4 David Peters Part I (Facts in Issue) 5  LIQUOR Beer Wine Spirits (Fermentation) (Distillation) Barley, Malt or Natural fruit Any beverage Hops sugars containing alcohol obtained by distillation ALCOHOL: FERMENTATION or DISTILLATION of grains, fruits or other agricultural products (Includes synthetic ethyl alcohol) 6 1. Complete the following statement with the appropriate response as it relates to the Liquor Licence and Control Act: No person under 19 years of age shall have, consume, … a) attempt to purchase, purchase, or otherwise obtain liquor. b) sell, attempt to purchase, purchase, or otherwise obtain liquor. c) purchase, attempt to obtain or obtain beer, wine, spirits. d) purchase, attempt to purchase, or otherwise obtain beer. 7 2. The definition of “alcohol” under the Liquor Licence and Control Act is: a) a product of fermentation or distillation of grains, fruits or other agricultural products and includes synthetic ethyl alcohol. b) spirits, wine, beer or any combination and includes any alcohol in a form appropriate for human consumption as a beverage alone or in combination with any other matter. c) any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of malt and hops or of any similar products in drinkable water. d) any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of the natural sugar contents of fruits. 8 3. The definition of “spirits” under the Liquor Licence and Control Act is: a) any beverage containing alcohol in a prescribed amount. b) any beverage containing alcohol obtained by fermentation. c) any beverage containing alcohol obtained by distillation. d) any beverage containing synthetic ethyl alcohol. 9 Review Purchase or Possession – LLCA 38 and 39(1) LCBO or under its authority (retail store) A person authorized by licence or permit. Unlawful Consumption – LLCA 37(a) drink alcohol that is not liquor Unlawful Supply – LLCA 37(b) supply alcohol that is not liquor knowing person intends to drink Review Minor – sell/supply – knowingly sell or supply liquor – sell / supply to apparently < 19 Licensee – knowingly permit < 19 to have or consume on premises – permit apparently < 19 to have or consume on premises 11  Review Under 19 –Purchase –Obtain –Attempt to purchase –Consume –Have 12  Review Employee Exemption – LLCA 34(2) – 18 years of age – during course of employment – may possess – be on premises Under 19 consume / Parental Supply Exemption – LLCA 34(5) 13  Parental Exemption Supply and Consumption of liquor – to person under nineteen – in a residence or in a private place – by a parent of the person or a person having lawful custody 34(5)LLCA 14 Objectives Explain intoxicated in public place Explain arrest authorities 15 Possession/Consumption 16  Unlawful Possession / Consumption 41(1) No person shall have or consume liquor in any place other than a: (a) Residence (b) Premises with a Licence or Permit issued (c) Private Place (d) Private Place designated by a By-Law 17  Possession Exemption Does not apply to the possession of liquor that is in a “closed container“ – Note: closed container – not a sealed container i.e.- you could lawfully carry a part bottle of Jack Daniel’s whiskey, closed with the cap on, across the street to your neighbour's house. 41(2) LLCA 18  Residence Place actually, occupied and used as dwelling whether or not in common with other persons, including all premises used in conjunction with the place to which the general public is not invited or permitted access if a tent, includes the land immediately adjacent to and used in conjunction with the tent 1(1) LLCA 19  Private Place indoor place – public is not ordinarily invited or permitted – except at the times when the public is invited or permitted access – NOT indoor place that is available for rental by members of the public for occasional use O. Reg. 745/21 Sec 22 20  Private Place Motor vehicle equipped with: 1. sleeping accommodation 2. cooking facilities 3. parked and used as a residence 4. OFF HIGHWAY O. Reg. 745/21 Sec 22(4)(5) 21 Private Place (Boat) permanent sleeping accommodations permanent cooking and sanitary facilities at anchor or is secured to the dock or land O. Reg. 745/21 Sec 22(6-10)  Private Place If secured to a dock or land to which the public is not ordinarily invited or permitted then the dock or land is considered to be a private place except at the times when the public is invited or permitted access to it. O. Reg. 745/21 23  Private Place Boat Lake freighter Passenger cruise ship Canadian Coast Guard 24 O. Reg. 745/21  PRIVATE O. Reg. 745/21 Sec 22 PLACE Motor Indoor Place Boat Vehicle Public Not Invited 1. Equipped with 1. Permanent Sleeping, Sleeping & Cooking 2. Permanent Cooking, facilities 3. & Sanitary facilities (NOTE: 2. NOT while on a must be: Any indoor place Highway Anchored or Docked available for rent is NOT a Private Place) 3. While Parked … and includes: Freight Ship Cruise Ship 4. Used as a Dwelling Coast Guard Vessel 25 Intoxicated Intoxicated no person shall be in an intoxicated condition, in a place to which the general public is invited or permitted access; or in any part of a residence that is used in common by persons occupying more than one dwelling in the residence subsection 31(1) LLCA 27  Case Law: Intoxicated R. v. Hagarty (2005 ONCJ 317) “It is fair to say that the effects of consumption of alcohol on the human person can be expressed as a continuum from no effect, except, for perhaps odour; to feeling its effects which is sometimes stated as being under its influence; to impairment; to intoxication; to loss of consciousness. 28  Impaired vs Intoxicated: Consumption Continuum Sober HBD Impaired Intoxicated - (Same as - Breach of Impaired) Undertaking - (Same as - 811 CC - LLCA 31(1) HBD) Intox Public/ Common Area - HTA D/L - 320.14 (1)CC. Sanctions (a)Impaired - LLCA 31(2) Operation, If NECESSARY - (b)80 and For Safety - LLCA Under 19, Above Consume or LLCA 48(1) 29  Intoxication Desbiens vs. The King (case law) – A condition whereby a person no longer has the use of all his/her intellectual or physical faculties Symptoms may include: – odour of alcoholic beverage, vomit – bloodshot eyes, slow reaction time – dilated pupils, incoherent communication – slurred speech, unsteady on feet – inability to control bodily functions, impaired motor skills (fine or gross) 30  Case Law: Indicators of Intoxication “(1) There is no evidence before the court that the young person was intoxicated in accordance with s. 31(4) Liquor Licence Act of Ontario at the time he was arrested by the police. None of the significant markings of intoxicated were present in this case - no incomprehensible words, no disorientation as to time and place, no slurred speech, no ambulation difficulties, nothing remotely close to the concept of stupefaction about which the cases speak. Ontario Court of Justice P. Wright J. Oral judgment: March 18, 2004. 31  Charge:31(1) LLCA vs. Arrest:31(2) LLCA Intoxication (Offence) 31(1) No person shall be in an intoxicated condition, a) in a place to which the general public is invited or permitted access; or b) in any part of a residence that is used in common by "Intoxicated” personsunder this subsection occupying more means: than one dwelling in the the influence of alcohol to the extent that a person's physical and residence. mental functioning is substantially impaired. Dictionary of Canada Law, 1991 R vs Haggarty; Ontario Court of Justice R.G. Selkirk J. December 16, 2005. 32 LIQUOR LICENCE & CONTROL ACT ARREST AUTHORITIES  LIQUOR LICENCE & CONTROL ACT ARREST AUTHORITIES There are two authorities both must “find Committing” LLCA Arrest Authorities (must “find committing”) 35  FACTS IN ISSUE… 36  LLCA Arrest Authority (1) a police officer or conservation officer may arrest w/o warrant any person contravening 31(1) 1. finds a person (- intoxicated by alcohol) & 2. found in public place or in a common area 3. IF to do so is necessary for the safety of any person 31(2) LLCA 37 Mistaken Intoxication some conditions which may be mistaken for intoxication: – fatigue – stroke – epilepsy – diabetes (smell of acetone not alcohol) – multiple sclerosis – head injury – fever – drug side effects 38 Mistaken Intoxication Some questions to consider to ascertain person's condition: Are you injured? Are you sick? Did you suffer a fall? Bump your head? Are you taking any medication? Have you recently taken prescription / non-prescription drugs? Is there anything about you that I should be aware of? 39  Person’s Condition IN ALL CIRCUMSTANCES WHERE PHYSICAL CONDITION MAY BE AT RISK, SEEK IMMEDIATE MEDICAL ASSISTANCE AND REQUEST AMBULANCE TRANSPORT TO HOSPITAL!  Detoxification Centre police officer finds a person apparently in contravention of subsection 31 (1) LLCA (Intoxicated in P.P. or C.A.) may in lieu of laying an information escort the person to a hospital SCHEDULE 1 (REG 745 LLA) designated by the regulations HOSPITALS DESIGNATED FOR THE PURPOSE OF SUBSECTION 48 OF THE ACT 41 subsection 48(1) LLCA  Sell/Supply to Intoxicated No person shall: sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated section 32  FACTS IN ISSUE 43 LLCA Arrest Authority (#2) a police officer or conservation officer may arrest without warrant when… finds a person apparently in contravention of LLCA or regulations, AND the person refuses to give name and address (or there are reasonable grounds to believe that the name or address given is false) section 62 LLCA Arrest Must inform the defendant reason for arrest. Must advise the defendant of their rights to counsel  Use of Force Section 146 POA provides justification – police on R & PG – may use force as is necessary – to do what is required or authorized by law consider the nature of the offence and use only as much force as is necessary be prepared to justify any use of force 46 ONLY 2 LLCA Arrest Authorities both find committing Arrest #1: Section 31(2) Intoxication Public Place or Common Area (3 Part Test) 1) intoxicated by alcohol, and 2) Is in a public place or common area and 3) Arrest is necessary for the safety of any person  ONLY 2 LLCA Arrest Authorities both find committing Arrest#2: Section 62… F/C- Fail Identify (2 Part Test) 1) finds a person apparently in contravention of this Act, AND 2) refuses to give his or her name and address OR reasonable grounds to believe that the name or address given is false Provincial Offences Act ARREST/RELEASE PROCEDURES  POA ARREST PROCEDURES SCENARIO: You observe a LLCA offence including Fail to Identify and subsequently conclude you have the necessary grounds to effect an arrest without warrant under a provincial statute – the Liquor Licence and Control Act. For the following 5 questions, use the above noted scenario as context and search the POA in e-laws to determine the correct answer. Each question will be taken up before moving on to the next. 50  POA ARREST PROCEDURES Q#1 Do you have to provide a reason for arrest under provincial law? A. Yes, as per subsection 148 (2) POA Q#2 Is the Charter of Rights applicable when arresting under provincial laws, like the LLCA? A. Yes… ie. 10a & 10b of the Charter must be provided. (reason for the arrest and Rights To Counsel) 51  POA ARREST PROCEDURES Q#3 How do you normally release a person arrested for a provincial offence under the LLCA where the defendant Fails to I.D? A. As per s.149(1)… “after serving him or her with a summons or offence notice…” Q#4 When would you not release on a summons or offence notice? A. As per s.149(1)… when R&PG “P.R.I.E.R” is not met 52  POA VS C.C. - RELEASE CRITERIA Fed Law (“P.R.I.C.E.S.”) vs Prov Law (“P.R.I.E.R.”) P = Public Interest P = Public Interest R = Repetition R = Repetition I = Identity I = Identity C = Court E = Evidence E = Evidence S = Safety & Security R = Resides outside Ontario 53  POA ARREST PROCEDURES Q#5 Are there any arrest limitations if the defendant was 15 years old? A. Yes… s. 106 - no person shall arrest a young person unless R&PG necessary to: (a) establish the young person’s identity; OR (b) prevent the continuation or repetition of an offence that constitutes a serious danger to the young person or to the person or property of another. 54  POA ARREST PROCEDURES 107. (1) Section 149 does not apply to a young person who has been arrested. (because an offence notice as stated in 149 not permitted) Requirement to release (if young person is already under arrest) (2) ”… the police officer shall, as soon as is practicable, release the young person from custody unconditionally or after serving him or her with a summons unless the officer has reasonable and probable grounds to believe that it is necessary in the public interest for the young person to be detained in order to, – (a) establish the young person’s identity; or – (b) prevent the continuation or repetition of an offence that constitutes a serious danger to the young person or the person or property of another. 55  Assignment Case Study #4 Prov Stat Workbook complete POA form to be served by another officer PC John Jones Badge #123456 56 Next Period LLCA #3 57