FAQ

Why does a Public Health Officer have any say on occupancy in a bar?

The Public Health Act requires an eating or drinking establishment to have enough washrooms for its patrons. The Public Health Officer checks how many washrooms are in a bar and then gives his or her recommendation about occupancy.

Why are RCMP and firefighters allowed to apply for a liquor licence for their mess halls/canteens? We don't want these people drinking on the job.

The purpose of a licensed mess/canteen is to allow those who work in public protection to enjoy an off-duty drink out of the public eye. Because of the nature of their jobs, these individuals are often unfairly expected to be "on duty" at all times. It is difficult for them to relax and enjoy a few drinks in a restaurant or bar without public scrutiny or public expectation of their services.

The licensed mess/canteen must abide by the same rules as other licensed premises. They may not over-serve their members, serve minors, or promote over-consumption, and they face strict penalties for doing so.

While the Liquor Act does not specifically prohibit consumption by on duty emergency workers, there are other statutes and policies that protect the public in this way. For example, the federal RCMP Act prohibits consumption of liquor by RCMP members who are on duty. As well, the Motor Vehicles Act prohibits the operation of vehicles by an impaired driver, and there is case law that on-duty emergency workers who are intoxicated are subject to civil liability.

There are certain times when an applicant for a liquor licence must place a notice in the local newspaper. When this is required, that person should also notify the community council about their application.

Good suggestion. We will include this requirement.

My wife and I run a bed & breakfast. We would like to be able to sell our guests a glass of wine in the evenings. Will this be possible under the new Act?

Yes, if you meet the eligibility requirements. We have not finalized all the requirements yet, but as a start you will need to meet all the criteria listed in the new Act, subsection 5(1). Other requirements, such as a minimum number of rooms, will also be developed. Check back with us in the fall for more details.

Communities will be able to make bylaws concerning some aspects of licensed premises. Does this mean bylaw officers will become liquor inspectors?

Yes and no. Bylaw officers will be given the powers of a liquor inspector to inspect licensed premises - but only related to the matter in the bylaw. Bylaw officers will not be able to inspect licensed premises for any other matter. These inspections will continue to be done by liquor inspectors.

The reason for this is the need for consistency. Except for the 4 or 5 matters that may be governed by community bylaws, liquor regulations apply equally to licensed premises across the NWT and need to be enforced in a consistent manner.

If a plebiscite question is not successful, how long must a community wait before holding another plebiscite with the same question?

There are three types of liquor plebiscites, with different waiting periods:

1. Plebiscite to change a community to prohibited, restricted or open - the Liquor Act gives no specific waiting period, except to say that plebiscites are conducted at the discretion of the Minister of Finance.
2. Plebiscite to allow the first licence of a particular class - must wait 3 years
3. Plebiscite to close an entire class of liquor licences - must wait 4 years

How much notice does the public need before a liquor plebiscite is held?

There is no specific notice period in the Liquor Act. This would therefore be at the discretion of the Minister of Finance.

In the new Act, the question on a plebiscite will pass with a majority vote. Is that a majority of residents in the community, or a majority of people who voted?

A majority means 50% plus 1 of all persons who vote.

Can communities make a bylaw that staggers the hours of licensed premises?

No. Any community bylaw related to operating hours must apply equally to all licence holders within a particular class of licence. This makes the operating conditions fair for everyone and does not favour one bar over another.

Giving communities the power to make bylaws about bars is off-loading a responsibility that should belong to the government, wouldn't you say?

During the 2005 Liquor Act Review, community governments repeatedly told us that they wanted more input into and responsibility for how licensed premises are run. They said the one-size-fits-all approach that currently exists is inappropriate. The idea of community bylaws was introduced to give communities more control. Granted, this will be more work for communities, but if communities choose not to implement this option, the liquor regulations will be written in such a way that the system defaults to the current situation.