🕒 3 min read

Nearly ten days after the Premier of Ontario declared a state of emergency due to the COVID-19 pandemic and ordered all bars and restaurants in the province to close unless offering takeout and delivery, the Government is allowing them to sell wine, beer and spirits, effective immediately.

The Government has amended Regulation 719 under the Liquor Licence Act (LLA) to “temporarily allow liquor sales licensees (i.e., licensed bars and restaurants) to sell beer, wine and spirits as part of a food order for takeout or delivery.” These changes are in effect as of today, March 26, 2020, until December 31, 2020. 

The Alcohol and Gaming Commission of Ontario (AGCO) states in its latest news release that “All liquor sales licensees are automatically permitted to begin selling liquor for takeout or delivery along with food – they do not have to apply, request permission, or notify the AGCO.” 

Licensees must however, meet many requirements and follow strict protocols, including: 

1. All types of liquor may be sold for takeout or delivery, but must be purchased together with food. This includes beer and wine made under a brew pub or wine pub endorsement.
2. Liquor sold for takeout or delivery must be in a sealed and unopened container. 
3. The permitted hours of sale and delivery of liquor with food are 9 a.m. to 11 p.m. 
4. Liquor may be sold for takeout or delivery through a third party, such as a food delivery service or ordering platform, provided they are acting on behalf of the licensee.   
5. There is no limit on the amount of liquor that may be sold for takeout or delivery. 
6. The licensee must ensure that any persons involved in the sale or delivery of liquor have completed Smart Serve training, including any third parties acting as agent for the licensee. In response to this extraordinary circumstance, the Government of Ontario is allowing agents who are not yet Smart Serve certified to begin delivering liquor on behalf of licensees, as long as they obtain their Smart Serve certification by April 25, 2020.  

For more information, view the release in its entirety. 

This favourable amendment may save some restaurants from the brink. Whether it can save the industry as a whole remains to be seen. Let’s hope.