The Lobster Trap v. Registrar (Alcohol, Cannabis & Gaming)

In order to obtain (and renew) a licence to sell alcohol in British Columbia, the General Manager of the Liquor and Cannabis Regulation Branch must be satisfied that the individual or individuals applying for the licence are suitable – meaning that they are “fit and proper”. To assist the General Manager (and his or her delegates) in making this determination the Liquor Control and Licensing Act provides that the General Manager may make inquiries and conduct investigations, including background investigations and criminal record checks, for the purpose of informing the exercise of this discretion.

This is an important concept for existing and pending licensees to understand if they (or their business partners, investors, friends and family) have a history of criminality or otherwise unlawful behaviour – even if that conduct occurred in other provinces or countries. Alcohol & Advocacy has written about these concepts before in other contexts, and those articles can be found here and here.

A very recent decision of Ontario’s Licence Appeal Tribunal (“LAT“) involved an analysis of these very concerns. Although Ontario’s legislation and processes are a little different than British Columbia’s, the LAT’s treatment of issues relating to past criminality, accountability, and transparency during the licence application process are in the writer’s view instructive.

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