Appendix 1: Legal References

Similar documents
- L iq uor to in to xica ted cus tomers - R e mo va l o f l iq u o r fr o m p r e mis e s

GAMING AND LIQUOR ACT

A GUIDE TO TASMANIAN LIQUOR LAWS

City Of Kingston. Ontario. By-Law Number A By-Law To License, Regulate And Govern Certain Trades And Occupations

Section of Act Offence Infringement Fine Maximum Fine at Magistrates Court. 108(4)(a) Supply liquor to an intoxicated person $1,732 $17,323

w21carcv& BYLAW NO TOWN OF VEGREVILLE TOWN OF

PLEASE NOTE Legislative Counsel Office not Table of Public Acts

Liquor Amendment (Kings Cross Plan of Management) Act 2013 No 76

AN BILLE DEOCHANNA MEISCIÚLA 2008 INTOXICATING LIQUOR BILL Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS

Liquor Amendment (3 Strikes) Act 2011 No 58

Liquor Amendment (Kings Cross Plan of Management) Act 2012 No 91

Bylaw # "Fireworks Bylaw"

Methadone Pharmacy and Methadone Clinics Licensing Bylaw

2018 Bill. Fourth Session, 29th Legislature, 67 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6

BYLAW NO A BYLAW TO PROVIDE FOR THE LICENCING OF BUSINESSES IN THE CITY OF TRAIL

BELIZE PUBLIC SAFETY ACT CHAPTER 142 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

METHYLATED SPIRITS ACT

CLASS 4 GAMBLING VENUES POLICY Effective from 16 September 2015

LAWS OF BRUNEI CHAPTER 187 SECURITY AGENCIES

CHAPTER 82:22 LICENSED PREMISES ACT ARRANGEMENT OF SECTIONS

New South Wales. OCCUPATIONAL HEALTH AND SAFETY ACT 1983 No 20. Justices Legislation Amendment (Appeals) Act 1998 No 137

PERCENT MALT LIQUOR

CITY OF EDMONTON BYLAW PUBLIC PLACES BYLAW

2015 Bill 13. Third Session, 28th Legislature, 64 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 13 FISHERIES (ALBERTA) AMENDMENT ACT, 2015

CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38)

NORTHERN TERRITORY LICENSING COMMISSION LIQUOR LICENCE NUMBER 814XXXXX

(Bill No. 29) An Act to Respond to the Legalization of Cannabis

CITY OF EDMONTON BYLAW ENFORCEMENT BYLAW (CONSOLIDATED ON MARCH 20, 2018)

BYLAW #797A OF THE TOWN OF KILLAM IN THE PROVINCE OF ALBERTA

1986 CHAPTER 64 PUBLIC ORDER ACT CHAPTER 64. (excerpts) Royal Assent [7 November 1986] Public Order Act 1986, Ch. 64, Long Title (Eng.

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996

Gaming Control Act CHAPTER 4 OF THE ACTS OF as amended by

Canada: Canadian Human Rights Act

Avon & Somerset Constabulary Police Community Support Officers Powers. Standard powers. Nationally, all PCSOs have the following powers:

BYLAW 2334/PS/08 BEING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF ALBERTA FOR THE PROTECTION OF PUBLIC SPACES FOR PUBLIC USE

Trespass an offence 2. (1) Every person who is not acting under a right or authority conferred by law and who,

Draft Substitute Ordinance As Reamended July 22, 2008 S U B S T I T U T E O R D I N A N C E A S R E A M E N D E D

LICENCE. Chapter 329 ADULT LIVE ENTERTAINMENT PARLOUR

CHAPTER 2. Liquor Licenses and Permits

CHAPTER 19:02 LOTTERIES AND BETTING ARRANGEMENT OF SECTIONS

STATUTE SECTION STATUTORY BREACH LIABILITY DEFENCE RESPONSIBLE PARTY FEDERAL STATUTES Canada Pension Plan, R.S.C 1985, c. C-8.

Gaming Control Act CHAPTER 4 OF THE ACTS OF as amended by

CUNY HENDERSON RULES. Policy Id: PS.013 Henderson Rules

Ontario Society for the Prevention of Cruelty to Animals Act R.S.O. 1990, CHAPTER O.36

Number 2 of 1994 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 REVISED. Updated to 14 August 2017

VILLAGE OF HEISLER BYLAW IN THE PROVINCE OF ALBERTA

MUNICIPALITY OF JASPER BYLAW #061

Ordinance of the States

Commercial Agents and Private Inquiry Agents Act 2004 No 70

BY-LAW NUMBER OF THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT

Trespass. Version : Page 1 of 19

CHAPTER 59 GAMING. [30th June, 1890.] 1. This Ordinance may. be cited as the Gaming Ordinance.

STAFF REPORT ACTION REQUIRED

Casinos and Gambling Houses Act 32 of 1994 (GG 983) brought into force on 2 December 1994 by GN 230/1994 (GG 984) ACT

BOARD OF SELECTMEN TOWN OF FOXBOROUGH 40 SOUTH STREET FOXBOROUGH, MASSACHUSETTS Telephone Fax

By-Law This by-law is printed under and by authority of the Council of the City of Barrie, Ontario, Canada. Disclaimer:

Unit: Working as a Door Supervisor within the Private Security Industry. Equipment Projector Screen Flipchart and Pens Cable Covers.

TOWN OF EDSON BYLAW NO.

COHASSET RULES AND REGULATIONS GOVERNING ALCOHOLIC BEVERAGES

DECISION OF THE GENERAL MANAGER LIQUOR CONTROL AND LICENSING BRANCH IN THE MATTER OF

Liquor Amendment (Small Bars) Act 2013 No 5

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER

R.293/1968 (RSA GG 1771) ), (RSA GG

The Nakuru County Child Care Facilities Bill, 2014 THE NAKURU COUNTY CHILD CARE FACILITIES BILL, 2014 ARRANGEMENT OF CLAUSES PART I PRELIMINARY

Office Consolidation Adult Entertainment Establishment By-law

CRIMINAL PROCEDURE ACT NO. 51 OF 1977

ANIMAL PROTECTION ACT

YUKON LIQUOR ACT Office Consolidation May 2012

The Tourist Industry Licensing Act

R ) (RSA GG

Lottery Licensing By-law

Gaming Act 1968 ARRANGEMENT OF SECTIONS CHAPTER 65. of certain offences. 25. Supplementary provisions as to disqualification orders.

BYLAW NO. B-26/2018 OF THE CITY OF AIRDRIE IN THE PROVINCE OF ALBERTA

METAL DEALERS AND RECYCLERS ACT

MOTOR VEHICLE COMPONENTS AND ACCESSORIES ACT

PROVINCIAL BUILDING CODE ACT

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 87. (Chapter 11 of the Statutes of Ontario, 2017)

COLLEGE REGULATIONS. Chapter I General

518 Defending suspects at police stations / appendix 1

State law references: Authority to regulate license or prohibit amusements, circuses, etc., Minnesota Statutes , subd. 25.

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE

PROCEDURES REGULATION

BY-LAWNO NOW THEREFORE THE COUNCILOF THE CORPORATIONOF THE CITYOF THOROLD ENACTS AS FOLLOWS:

Number 5 of 2011 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2011 ARRANGEMENT OF SECTIONS. Section 1. Interpretation. 2. Offence.

Council Meeting Date: Feb 3, 2009 Agenda Item #: 7.1

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

BYLAW BEING A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA TO REGULATE THE SAFETY OF TAXIS

ANIMAL PROTECTION LAWS OF NEW BRUNSWICK

TOWN OF DEVON SMOKING BYLAW. BYLAW 763/2004 amending bylaw 763/2004 and 777/2006. (Office Consolidation)

Copyright Juta & Company Limited

LIQUOR DISTRIBUTION ACT

One-Day Liquor License. Check List. If you are having a private Party by Invitation only and you are not charging admission or a fee for alcohol.

AGRICULTURAL SERVICE BOARD ACT

AMUSEMENT DEVICE LICENSE

Guide for Special Licence Section 138, Sale and Supply of Alcohol Act 2012

LIQUOR LICENSE PLAN OF OPERATION

ANATOMY ACT CAP [Rev. 2012] Anatomy CHAPTER 249. ARRANGEMENT OF SECTIONS Section. A14-3 [Issue 1]

Subject: Offences Committed Against Peace Officers Date: October 2015

BERMUDA RESIDENTIAL CARE HOMES AND NURSING HOMES ACT : 28

Transcription:

: Legal References Appendix A number of references are made to the Criminal Code of Canada, the Alberta Gaming and Liquor Act and the Alberta Gaming and Liquor Commission s Licensee Handbook. Familiarity with these documents and knowledge of how these laws can affect you will prove invaluable to doorpersons and managers in the hospitality and liquor industry. The following is a selection of relevant excerpts to use as a reference: Alberta Gaming and Liquor Commission Licensee Handbook (as of April 1, 2007) Occupant Load 9.2.1 The Maximum occupant load of licensed premises will normally be established in accordance with the Fire Code, (Certificate of Occupant Load) and must not be exceeded by the total of all individuals on the licensed premises (staff included). Patron Management 9.6.1 The licensee must manage patrons. This includes: a) prohibiting the unlawful entry of minors; b) refusing liquor service and consumption of liquor to persons who appear to be intoxicated or under the influence of drugs; c) prohibiting persons who appear to be intoxicated or under the influence of drugs from playing a gaming activity or provincial lottery which is conducted on the licensed premises. d) refusing liquor service and removing individuals whose behaviour becomes quarrelsome, riotous or disorderly, and/or who are involved in illegal activities, such as drug dealing; e) considering barring entry of individuals who have been removed from the premises repeatedly. At the request of the Board, the licensee will provide full particulars on the circumstances surrounding the removal or barring of an individual; and f) cooperating with police authorities. 9.6.5 Licensees must keep the entry doors to their premises open and accessible to Inspectors and Police Officers when patrons are present. A1-1

Unruly Patrons 1.37.2 A licensee must hire trained and competent staff in adequate numbers and ensure the premises are under competent and approved management. All licensed premises must be properly staffed and supervised during all operating hours. If police help is requested, the licensee should be prepared to proceed with charges. 9.8.1 Licensees are required to maintain a high level of supervision and control in licensed premises. Licensees are responsible for overseeing their business to ensure the health and safety of the people within the premises. Illegal Drug Activities 9.7.1 Licensees need to be aware that their premises may be a prime location for drug activities, and therefore consider the following precautions: Minors a) watch for any suspicious actions by staff or patrons on a daily basis. Be aware of the clientele being catered to and the character of your staff 8.1.1 It is an offence under the GLA to provide liquor to anyone under 18 years of age in licensed premises. 8.1.9 A licensee will visibly post a No Minors sign at all access routes to premises with a Class A Minors Prohibited licence and other premises where a condition has been imposed on the licence barring minors. 8.1.15 Persons of questionable age shall provided identification upon each occasion of entry to minors prohibited premises. To prevent the use of false identification, all customers who appear to be under 25 years of age, should be required to provide identification prior to each entry. Liquor service in licensed premises 8.2.20 Licensees will not normally allow on-duty staff to consume liquor or be under the influence of liquor, however, it is acceptable for staff to consume a beverage after the end of a shift, and for the manager/owner to consume a beverage while entertaining a client. Hours of Liquor Sales and Consumption 8.3.4 At the end of the consumption period all unauthorized people must leave Class A Minors Prohibited premises. Inspections 1.43.1 AGLC Inspectors must be given full and unrestricted access to the licensed premises at any reasonable time, that is, when the premises is allowed to be open or at any time when there are people in the licensed premises. Such access is to ensure compliance with the GLA, GLR, Board policies and federal, provincial and municipal legislation. A1-2

Gaming and Liquor Act (GLA) (as of June 1, 2003) Minors on licensed premises 74 (2) No minor may enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises. 1996 cg-0.5 s71 Duty to intoxicated person 75.1 No liquor licensee may (a) sell or provide liquor in the licensed premises to a person apparently intoxicated by a liquor or a drug, (b) permit a person apparently intoxicated by liquor or a drug to consume liquor in the licensed premises 2002 c15 s19 Conduct on licensed premises 69 (1) No liquor licensee or employee or agent of a liquor licensee may permit any activity in the licensed premises that (a) is contrary to any municipal bylaw or any Act or regulation of Alberta or Canada, (b) is detrimental to the orderly operation of the premises, (c) may be injurious to the health and safety of people in the premises, or (d) is prohibited under the licence or by the regulations. 69 (2) No person may do anything in licensed premises that (a) is detrimental to the orderly operation of the premises, (b) may be injurious to the health and safety of people in the premises, or (c) is prohibited under the licence or by the regulations. RSA 2000 cg-1 s69;2002 c15 s17 Leaving licensed premises when requested 70 No person may (a) remain in the licensed premises after having been requested to leave the premises by the liquor licensee or an employee or agent of the liquor licensee, or (b) enter licensed premises after having been forbidden to enter the premises by the liquor licensee or an employee or agent of the liquor licensee. 1996 cg-0.5 s67 Leaving licensed premises 71 (1) Except in those licensed premises prescribed in the regulations, every person other than the liquor licensee and the liquor licensee s employees or agents must leave licensed premises when the sale and consumption of liquor in those premises are required to cease under the regulations or stadium bylaws. 1996 cg-0.5 s68 A1-3

Obstruction of Inspector 99 No person my hinder, obstruct or impede an inspector in the performance of the inspector s duties or in the exercise of the inspector s powers. 1996 cg-0.5 s96 Duty of persons directing work (duty of care) Criminal Code of Canada 217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task. 2003, c.21, s.3 Defence of house or real property 41. (1) Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or remove a trespasser therefrom, if he uses no more force than is necessary. R.S., c. C-34, s. 41. Protection of persons acting under authority 25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law (a) as a private person, (b) as a peace officer or public officer, (c) in aid of a peace officer or public officer, or (d) by virtue of his office, is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do so and in using as much force as is necessary for that purpose. R.S., 1985, c. C-46, s. 25; 1994, c. 12, s. 1. Use of force to prevent commission of offence 27. Every one is justified in using as much force as is reasonably necessary (a) to prevent the commission of an offence (i) for which, if it were committed, the person who committed it might be arrested without warrant, and (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a). R.S., c. C-34, s. 27. A1-4

Excessive force 26. Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess. R.S., c. C-34, s. 26. Arrest without warrant 494. (2) Any one who is (a) the owner or a person in lawful possession of property, or (b) the person authorized by the owner or by a person in lawful possession of the property, May arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property. Delivery to peace officer 494. (3) Any one other than a police officer who arrests a person without warrant shall forthwith deliver that person to a peace officer. R.S., c. C-34, s. 449; R.S., c. 2(2 nd Supp.), s. 5. A1-5