Hearing decisions and penalties

​After a hearing, the hearing delegate considers the evidence and argument presented by both you and the Branch, and issues a written decision within 30 days after the hearing is completed. You will be given a copy of the written decision.

On this page: 

• Successful defence of due diligence
• Enforcement action
• Reconsideration

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Successful defence of due diligence

If the hearing delegate finds that you successfully proved a defence of due diligence, you (the licensee) are not liable for the contravention and will not face a penalty. 

If you are not successful in proving due diligence, you (the licensee) face enforcement action. 

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Enforcement action

If the hearing delegate finds that you (the licensee) are liable for a contravention, the hearing delegate may do one or more of the following:

• Add terms and conditions to your licence or authorization 
• Rescind or amend existing terms and conditions
• Require you to pay a monetary penalty under the
  • Liquor Control and Licensing Regulation: Schedule 2, or
  • Cannabis Licensing Regulation: Schedule 2
    • The hearing delegate must follow the minimums set out in the penalty schedule
• Suspend your licence under the
  • Liquor Control and Licensing Regulation: Schedule 2, or
  • Cannabis Licensing Regulation: Schedule 2
    • The hearing delegate must follow the minimums set out in the penalty schedule
• Cancel all or part of your liquor licence
• Cancel your cannabis licence
• Order you to transfer your licence or authorization, within a certain period, to a person who is at arm’s length from you

The hearing delegate does not have to impose the penalty from the Notice of Enforcement Action. They may impose higher penalties or suspensions than those in the penalty or suspension schedule

• When it is in the public interest to do so

Penalty letter

If the hearing delegate imposes a penalty in the hearing decision, you will be sent a penalty letter.

Once the hearing decision has been cleared for publication, the Branch posts the complete text of the decision on the  Canadian Legal Information Institute website. Names of individuals and personal details such as where the licensee or authorization holder works, are removed to protect privacy and comply with the

• Freedom of Information and Protection of Privacy Act (FOIPPA)

Monetary penalty payment

Generally, you need to pay a monetary penalty in full within 30 days, or by the due date stated in the penalty letter or hearing decision.

Licence suspension 

If your licence is suspended, the suspension starts on the same business day as the initial contravention

• For example, if the contravention happened on a Friday, the contravention starts on a Friday

If the contravention happened after midnight, it starts on the business day the work shift began.

The suspension has to be served on consecutive days.

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Reconsideration

If you don’t agree with the results of the enforcement hearing, you can apply to the Branch for reconsideration.

You have 30 days to apply for reconsideration

• The 30 days starts from when you receive the enforcement order

Find out more about the reconsideration process, including how to apply.