Acts and Regulations

L-10 - Liquor Control Act

Section 65
Disposition versions

Full text
Non-issuance of licence to brewer, distiller or wine-maker
65(1)No application for a licence, other than a brewer’s licence, a distiller’s licence or a winery licence, shall be granted in respect of any premises if, in the opinion of the Minister, a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, has
(a) acquired a direct, indirect or contingent interest in the ownership or management of the business to which the application relates, in its property, whether freehold or leasehold, or in its chattels or equipment, or
(b) assisted the applicant financially in any way, other than by paying for advertising of liquor, directly or indirectly, or advertising of an event associated with the premises.
65(2)If a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewery, distillery or winery becomes the owner or operator of or acquires an interest in licensed premises or in the chattels, equipment or land used in connection with the premises, the licence, other than the respective brewer’s licence, distiller’s licence or winery licence, shall immediately be void.
65(3)No licensee shall, directly or through a partner, employee or agent of the licensee, sell or keep liquor for sale on premises owned or operated by a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, or on premises in which any such person holds an interest.
65(4)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if the Minister so orders on being satisfied that the interest of the brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker is not likely to promote the sale of liquor manufactured by the brewer, distiller or wine-maker.
65(5)Repealed: 2020, c.33, s.6
65(6)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if the brewer, distiller, or wine-maker in question holds a lounge licence or a special facility licence in respect of the premises in question.
1961-62, c.3, s.62; 1974, c.26 (Supp.), s.3; 1977, c.31, s.2; 1992, c.90, s.42; 1994, c.100, s.1; 1996, c.37, s.31; 2020, c.33, s.6
Non-issuance of licence to brewer, distiller or wine-maker
65(1)No application for a licence, other than a brewer’s licence, a distiller’s licence or a winery licence, shall be granted in respect of any premises if, in the opinion of the Minister, a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, has
(a) acquired a direct, indirect or contingent interest in the ownership or management of the business to which the application relates, in its property, whether freehold or leasehold, or in its chattels or equipment, or
(b) assisted the applicant financially in any way, other than by paying for advertising of liquor, directly or indirectly, or advertising of an event associated with the premises.
65(2)If a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewery, distillery or winery becomes the owner or operator of or acquires an interest in licensed premises or in the chattels, equipment or land used in connection with the premises, the licence, other than the respective brewer’s licence, distiller’s licence or winery licence, shall immediately be void.
65(3)No licensee shall, directly or through a partner, employee or agent of the licensee, sell or keep liquor for sale on premises owned or operated by a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, or on premises in which any such person holds an interest.
65(4)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if
(a) the Minister so orders upon being satisfied that the interest of the brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent is not likely to promote the sale of liquor manufactured by the brewer, distiller or wine-maker, and
(b) the Lieutenant-Governor in Council approves the order.
65(5)Where the Lieutenant-Governor in Council has approved an order made by the Minister under subsection (4), the licence issued or continued by the order shall be subject to such special conditions as the Lieutenant-Governor in Council may attach.
65(6)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if the brewer, distiller, or wine-maker in question holds a lounge licence or a special facility licence in respect of the premises in question.
1961-62, c.3, s.62; 1974, c.26 (Supp.), s.3; 1977, c.31, s.2; 1992, c.90, s.42; 1994, c.100, s.1; 1996, c.37, s.31
Non-issuance of licence to brewer, distiller or wine-maker
65(1)No application for a licence, other than a brewer’s licence, a distiller’s licence or a winery licence, shall be granted in respect of any premises if, in the opinion of the Minister, a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, has
(a) acquired a direct, indirect or contingent interest in the ownership or management of the business to which the application relates, in its property, whether freehold or leasehold, or in its chattels or equipment, or
(b) assisted the applicant financially in any way, other than by paying for advertising of liquor, directly or indirectly, or advertising of an event associated with the premises.
65(2)If a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewery, distillery or winery becomes the owner or operator of or acquires an interest in licensed premises or in the chattels, equipment or land used in connection with the premises, the licence, other than the respective brewer’s licence, distiller’s licence or winery licence, shall immediately be void.
65(3)No licensee shall, directly or through a partner, employee or agent of the licensee, sell or keep liquor for sale on premises owned or operated by a brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent of a brewer, distiller or wine-maker, or on premises in which any such person holds an interest.
65(4)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if
(a) the Minister so orders upon being satisfied that the interest of the brewer, distiller or wine-maker, or a director, officer, shareholder, employee or agent is not likely to promote the sale of liquor manufactured by the brewer, distiller or wine-maker, and
(b) the Lieutenant-Governor in Council approves the order.
65(5)Where the Lieutenant-Governor in Council has approved an order made by the Minister under subsection (4), the licence issued or continued by the order shall be subject to such special conditions as the Lieutenant-Governor in Council may attach.
65(6)The prohibitions contained in subsections (1) and (3) do not apply and no licence is void under subsection (2) if the brewer, distiller, or wine-maker in question holds a lounge licence or a special facility licence in respect of the premises in question.
1961-62, c.3, s.62; 1974, c.26(Supp.), s.3; 1977, c.31, s.2; 1992, c.90, s.42; 1994, c.100, s.1; 1996, c.37, s.31