I am an Uber driver do I need a liquor delivery licence?
I am an Uber driver do I need a liquor delivery licence?
No, Uber would be considered the holder of the liquor delivery service licence and remains accountable for ensuring delivery contractors comply with all requirements of the regulation, including the responsible sale and service of alcohol. Individuals involved in the delivery of alcohol must be Smart Serve certified before they can deliver. Liquor may not be purchased or obtained prior to receiving an order.
You can obtain your Smart Serve licence online by visiting www.smartserve.ca
Liquor Delivery Service Licence Holders
You may operate the delivery service as your primary business, or in conjunction with other compatible services such as taxi, courier or food or grocery delivery business. If the Liquor Delivery Service licence is held directly or indirectly by an authorized grocery store selling beer, wine or cider, the licensee cannot purchase alcohol from that grocery store.
Once an order has been placed, you may purchase or obtain the requested liquor at any government store or a store authorized under the Liquor Control Act. This includes the LCBO, The Beer Store and any manufacturer’s on-site or off-site retail store (such as a retail wine store). Liquor with food orders can also be purchased or obtained from eligible liquor licensed establishments.
A Liquor Deliver Service licensee can deliver on behalf of an eligible liquor licensed establishment or on behalf of certain retail stores. Customers can order directly from an eligible liquor licensed establishment or retail store who then engages the Liquor Delivery Service to complete delivery.
Liquor must only be delivered to a residence or private place. The licence holder must ensure that drinks are not tampered with or opened.
A Liquor Delivery Service must operate only under the business name set out on its licence. The AGCO must be notified of any changes in ownership.
All individuals purchasing or delivering liquor must be at least 19 years of age and carry a copy of the Liquor Delivery Service licence. Licence holders (and any employees and contractors) must understand the obligations under the Liquor Licence Act and its regulations.
Record Keeping
All orders for liquor placed with a Liquor Delivery Service, whether for delivery from a liquor sales licensee or retail store, must include the following information, along with the licence holder’s name and address:
The name and address of the customer;
The date on which the liquor is purchased, and the date on which it is to be delivered;
The kinds and quantities of liquor to be delivered; and,
The address where the liquor is to be delivered.
The licence holder must keep the above noted records for each order for one year from the date of delivery.
In addition, for deliveries by a liquor delivery licensee from a retail store, the licensee must also keep, for one year, a copy of every order given to the licensee by the retail store.
Obtaining a receipt signed by the customer at the time of delivery is no longer required. This is a permanent change.
Delivery Hours
The permissible hours for the delivery of liquor by a Liquor Delivery Service are 9 a.m. to 11 p.m. for liquor purchased or obtained from eligible liquor licensed establishments and from retail stores. Please note: During Covid you must comply with provincial government regulations regarding hours of service.
Storage of Liquor
Regulation 718 under the LLA has been amended to allow liquor delivery licensees to store liquor that has been ordered by a customer from an authorized retail store or a liquor licensed establishment. Currently, a liquor delivery licensee must deliver liquor to the customer on the same day it is purchased from a retail store. The amendment will allow for the storage of liquor purchased from a retail store or from a liquor sales licensee in advance of delivery, provided that an order for liquor from a customer has been received. This provision applies to all liquor delivery licensees and would permit businesses that deliver food boxes, meal kits or gift baskets to purchase liquor ordered by a customer and store it in advance of delivery.
Liquor must be stored securely before delivery and accessible only to the licence holder (including employees and contractors). Storage will not be permissible in a dwelling and the liquor delivery licensee will need to ensure that the liquor is not opened or tampered with.
Liquor that cannot be delivered must be returned to the store or licensed liquor establishment from which it was purchased or obtained for a refund.
Minimum liquor delivery fees
The minimum delivery fees that must be charged by a liquor delivery licensee will be removed from Regulation 718 under the LLA to provide greater flexibility for licensees. Previously, Regulation 718 set out specific minimum delivery fee amounts, ranging from $4 to $6 depending on the location in Ontario.
Package size for beer
Regulation 718 has also been amended to provide that, where a Liquor Delivery Service Licence is held, directly or indirectly, by an authorized grocery store operator, the liquor delivery licensee must ensure that beer for delivery is not purchased or obtained in packages with more than 6 containers from the LCBO, The Beer Store, or a manufacturer retail store. The exception is where the store from which the beer is purchased or obtained is a “Combination Government Store” listed in Schedule 2 of Regulation 718.
Previously this restriction applied to all liquor delivery licensees.
Social Responsibility Requirements
A Liquor Delivery Service cannot deliver liquor to, or allow a delivery to be accepted by, anyone under 19 years of age.
If it is suspected that a person is underage, you must check his/her identification. Identification must reasonably appear to have been issued by a government and include the person’s photograph and date of birth.
Acceptable forms of ID include:
an Ontario Driver’s Licence with photo;
a Canadian passport;
a Canadian Citizenship Card with photo;
a Canadian Armed Forces Identification Card with photo;
an LCBO BYID photo card;
a secure Indian Status Card (Canadian);
a Permanent Resident Card (Canadian);
a photo card issued under the Photo Card Act.
Licensees also must make sure that they do not supply or deliver liquor to anyone who is or appears to be intoxicated. or appears to be intoxicated.
Agreements with Manufacturers
Licence holders may enter into non-exclusive agreements with liquor manufacturers with on-site retail stores or winery off-site retail stores and The Beer Store to facilitate or promote the delivery of liquor. Where a Liquor Delivery Service chooses to enter into such agreements:
Agreements cannot restrict a Liquor Delivery Service or manufacturer from entering into further agreements with other manufacturers.
Agreements can only apply to the purchase and delivery of liquor before July 1, 2021.