Penalty Schedule

 

Item

Contravention

Period of Suspension (Days)

Monetary
Penalty

 

 

First Contravention

Second Contravention

Subsequent Contraventions

 

Operating Outside Of Licence Purpose

1

Contravention of section 18 (1) (a) of this regulation [service of food in the service area under a food primary licence not the primary purpose of the business]

10-15

20-30

30-60

$7 500 - $10 000

2

Contravention of section 26 (1) (a) or (b) of this regulation [preparation and service of food is not the primary purpose of the business of caterer or caterer not having equipment or personnel necessary to prepare and serve food]

10-15

20-30

30-60

$7 500 - $10 000

Minors

3

Contravention of section 77 of the Act [supplying liquor to minors]

10-15

20-30

30-60

$7 500 - $10 000

4

Contravention of section 79 of the Act [minors in establishment or liquor store]

4-7

10-14

18-20

$5 000 - $7 500

Allowing Disorderly or Unlawful Conduct

5

Contravention of section 61 (2) (b) (iii) of the Act [allowing violent, quarrelsome, riotous or disorderly conduct]

10-15

20-30

30-60

$7 500 - $10 000

6

Contravention of section 61 (2) (b) (iv) of the Act [allowing unlawful activities or conduct]

10-15

20-30

30-60

$7 500 - $10 000

Intoxicated Patrons

7

Contravention of section 61 (2) (a) of the Act [selling or serving liquor to an intoxicated person]

4-7

10-14

18-20

$5 000 - $7 000

8

Contravention of section 61 (2) (b) (i) of the Act [allowing a person to become intoxicated]

4-7

10-14

18-20

$5 000 - $7 000

9

Contravention of section 61 (2) (b) (ii) of the Act [allowing an intoxicated person to enter or remain in a service area]

4-7

10-14

18-20

$5 000 - $7 000

Weapons

10

Contravention of section 61 (2) (b) (v) of the Act [allowing a person who has a knife or weapon to enter an establishment  or event site]

4-7

10-14

18-20

$5 000 - $7 000

Disturbance of Persons

11

Failure to comply with term or condition that requires licensee or permittee to take reasonable measures to ensure that the operation of the establishment or event site does not disturb persons in the vicinity

10-15

20-30

30-60

$7 500 - $10 000

Overcrowding

12

Contravention of section 78 (1) (a) or (2) (a) of this regulation [person or patron capacity in service area exceeded, but occupant load not exceeded]

1-3

3-6

6-9

$1 000 - $3 000

13

Contravention of section 78 (1) or (2) of this regulation [person or patron capacity and occupant load in service area exceeded]

4-7

10-14

18-20

$5 000 - $7 000

14

Contravention of section 97 (e) or (f) of this regulation [exceeding maximum attendance or occupant load at catered event]

4-7

10-14

18-20

$5 000 - $7 000

15

Contravention of section 101 (b) or (c) of this regulation [exceeding maximum attendance or occupant load at event site under a temporary use area authorization]

4-7

10-14

18-20

$5 000 - $7 000

16

Contravention of section 117 (j) or (k) of this regulation [exceeding maximum attendance or occupant load in service area at special event]

4-7

10-14

18-20

$5 000 - $7 000

Unlawful Sale and Purchase of Liquor

17

Contravention of section 8 (2) (a) of the Act [unlawful sale of liquor]

10-15

20-30

30-60

$7 500 - $10 000

18

Contravention of section 8 (2) (e) of the Act [unlawful purchase of liquor]

10-15

20-30

30-60

$7 500 - $10 000

19

Contravention of section 8 (3) of the Act [selling or serving unauthorized liquor]

10-15

20-30

30-60

$7 500 - $10 000

20

Contravention of section 140 of this regulation [selling or serving liquor purchased under another licence or permit]

10-15

20-30

30-60

$7 500 - $10 000

Liquor Service

21

Contravention of section 60 (1) of the Act [failure to complete training or recertification]

1-3

3-6

6-9

$1 000 - $3 000

22

Contravention of section 89 (a) of this regulation [failure to clear patrons within 1/2 hour after liquor service has ended]

1-3

3-6

6-9

$1 000 - $3 000

23

Contravention of
(a) section 26 (i) of this regulation [unused liquor at residential event not returned to the caterer’s establishment], or
(b) section 90 (1) of this regulation [failing to take liquor from patrons within 1/2 hour after liquor service has ended]

4-7

10-14

18-20

$5 000 - $7 000

24

Contravention of section 91 (1) of this regulation [allowing a person to consume liquor beyond 1/2 hour after liquor service has ended]

4-7

10-14

18-20

$5 000 - $7 000

25

Contravention of section 142 (1) or (3) of this regulation [employees or staff consuming liquor while working]

1-3

3-6

6-9

$1 000 - $3 000

26

Contravention of section 141 (2) of this regulation [permitting liquor not sold or served by licensee or permittee to be consumed]

4-7

10-14

18-20

$5 000 - $7 000

27

Contravention of section 141 (4) of this regulation [allowing liquor to be taken from the service area]

1-3

3-6

6-9

$1 000 -
$3 000

28

Contravention of
(a) section 82 (1) of this regulation [licensee providing unlimited or unspecified quantities of liquor for a single price or using a sales strategy that is likely to promote or encourage intoxication], or
(b) section 118 of this regulation [permittee providing unlimited or unspecified quantities of liquor for a single price or using a sales strategy that is likely to promote or encourage intoxication]

4-7

10-14

18-20

$5 000 - $7 000

Production of Records

29

Contravention of section 43 (a) (iii) of the Act [failure to produce records, liquor or other things]

10-15

20-30

30-60

$7 500 - $10 000

Advertising

30

Contravention of section 64 of the Act [advertising liquor]

1-3

3-6

6-9

$1 000 - $3 000

Entertainment

31

Failure to comply with term or condition dealing with adult entertainment

4-7

10-14

18-20

$5 000 - $7 000

32

Failure to comply with term or condition dealing with entertainment other than adult entertainment

1-3

3-6

6-9

$1 000 - $3 000

Miscellaneous Contraventions

33

Contravention of section 57 (1) (c) of the Act [providing false or misleading information]

10-15

20-30

30-60

$7 500 - $10 000

34

Contravention of section 8 (2) (a) of the Act [selling or serving liquor at a catered event without a catering authorization]

4-7

10-14

18-20

$5 000 - $7 000

35

Contravention of section 8 (2) (a) of the Act [manufacturer selling or serving liquor at a market without  a market authorization]

4-7

10-14

18-20

$5 000 - $7 000

36

Contravention of section 8 (2) (a) of the Act [selling liquor at a food or beverage festival without a temporary off-site sale authorization]

4-7

10-14

18-20

$5 000 - $7 000

37

Contravention of section 8 (2) (a) of the Act [ selling or serving liquor without a temporary use area authorization]

4-7

10-14

18-20

$5 000 - $7 000

38

Contravention of section 79 (1) (a) or (2) of this regulation [making structural alteration or changing size or location of service area without amending licence]

1-3

3-6

6-9

$1 000 - $3 000

39

Failure to comply with term or condition requiring compliance with an agreement under section 5 of the Liquor Distribution Act

 

 

 

up to $25 000

40

Contravention of section 80 (4) of this regulation [failing to keep a register of liquor purchases]

1-3

3-6

6-9

$1 000 - $3 000

41

Contravention of section 144 (1) or (3) of this regulation [unlawful dilution or adulteration of liquor or refilling bottles]

4-7

10-14

18-20

$5 000 - $7 000

Tied Houses and Inducements

42

Contravention of section 62 (1) or (2) of the Act [tied houses and inducements]

10-15

20-30

30-60

$7 500 - $10 000

43

Failure to comply with term or condition to report to general manager information respecting tied house arrangements

10-15

20-30

30-60

$7 500 - $10 000

U-Brew/U-Vin

44

Contravention of section 44 of this regulation [failing to ensure that the customer performs the listed tasks]

4-7

10-14

18-20

$5 000 - $7 000

45

Contravention of any of the following sections of this regulation:

       (a) 43 [payment, acknowledgment and invoice requirements];

       (b) 45 [unauthorized consumption];

       (c) 46 (1) [storage requirements];

       (d) 46 (2) [licensee removing customer’s product];

       (e) 47 [removal of finished product required];

       (f) 48 [labelling, removal and use];

       (g) 50 [underage customers];

       (h) 51 [record keeping and reporting requirements];

       (i) 172 [advertisements]

1-3

3-6

6-9

$1 000 - $3 000

46

Contravention of section 49 of this regulation [failing to ensure that beer or wine is not sold at a U-Brew or U-Vin]

10-15

20-30

30-60

$7 500 - $10 000

Default in Monetary Penalties

47

Contravention of section 51 (10) or 53.1 (12) of the Act [failure to pay monetary penalty within required time]

10-15

20-30

30-60

 

Suspension, Cancellation and Obstruction

48

Contravention of section 8 (2) (a) of the Act [selling or serving liquor while licence is suspended] or failure to comply with a term or condition prohibiting consumption while licence is suspended

15-90

15-90

15-90

 

49

Contravention of section 8 (2) (a) of the Act [selling liquor at an event catered by the licensee while the licence is under suspension, the  catering endorsement is under suspension or the  catering authorization is under suspension or cancelled]

15-90

15-90

15-90

 

50

Contravention of section 8 (2) (a) of the Act [licensed manufacturer selling or serving liquor at an event while the licence is under suspension, the manufacturer on-site store endorsement is under suspension or the market authorization is under suspension or cancelled]

15-90

15-90

15-90

 

51

Contravention of section 8 (2) (a) of the Act [selling liquor at a food or beverage festival while the licensee retail store, wine store or special wine store licence is under suspension, the  temporary off-site sale endorsement is under suspension or the  temporary off-site sale authorization is under suspension or cancelled]

15-90

15-90

15-90

 

52

Contravention of section 44 (6) of the Act [obstructing peace officer or refusing to allow peace officer entry]

15-90

15-90

15-90

 

53

Contravention of

       (a) section 43 (a) (i) and (ii) of the Act [not allowing general manager entry or not facilitating inspection] or

       (b)            section 43 (b) of the Act [obstructing general manager]

15-90

15-90

15-90

 

General

54

Contravention of any provision of the Act or this regulation or failure to comply with a term or condition not specifically referred to in this Schedule

1-3

3-6

6-9

$1 000 - $3 000