Notice to Restaurants Refusing to Shut Down

There have been multiple examples on Social Media of Restaurants refusing to shut down. We understand that these are difficult times, as we are experiencing them as well. We have received numerous inquiries asking, “what could happen if we keep our business open?”. Restaurants who fail to comply with the stay at home order risk having their licence revoked.

Those who hold a licence to sell alcohol are responsible for meeting their obligations under the Liquor Licence Act, and to expected to act with honesty and integrity. A licence holder must allow access to police officers or AGCO Compliance Officials acting in the course of their duties during or after hours of operation. Refusing to allow them to do their job could have serious repercussions.

There are consequences for licence holders who do not meet these requirements, including the possibility of an Order of Monetary Penalty, a temporary suspension of the licence, or in the most serious cases a revocation of the licence.

An establishment served with an interim suspension or a NOP has the right to appeal the Registrar’s action to the Licence Appeal Tribunal, which is an adjudicative tribunal independent of the AGCO and part of Tribunals Ontario.

Let’s do our best to find creative ways to get through this. Once things open up, we would hate to see these hard working establishments lose their license permanently.