BILL NO. 52
(as introduced)
1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
Liquor Control Act
(amended)
The Honourable Diana Whalen
Minister responsible for the Liquor Control Act
1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
The Honourable Diana Whalen
Minister responsible for the Liquor Control Act
First Reading: April 15, 2014
Second Reading: April 22, 2014
Third Reading: April 29, 2014 (LINK TO BILL AS PASSED)
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Clause 1 amends the Liquor Control Act to add a definition of "ferment-on-premises facility" and amend the definition of "license" to include licenses to operate a ferment-on-premises facility.
Clause 2 provides the Minister of Service Nova Scotia with the general supervision and management over the licensing of premises for the operation of a ferment-on-premises facility. Clause 3 governs licensing in respect of ferment-on-premises facilities and prohibits a person from operating a ferment-on-premises facility without a license to do so. Clause 4 creates a new class of licenses under the Act, the ferment-on-premises license. Clause 5 provides for the non-application, in respect of an application for a ferment-on-premises license, of provisions of the Act requiring that the initial designation of a licensing area in a municipal district be subject to certain advertising and notification requirements and voting by residents or requiring that public consultation take place before the granting of certain kinds of licenses. Clause 6 adds regulation-making powers for the purpose of regulating ferment-on-premises facilities and establishing an administrative-penalty regime under the Act. Clause 7 prohibits a licensee of a ferment-on-premises facility or an employee or agent of the licensee from allowing a person under the age of nineteen to use the facility to make beer or wine. Clause 8 removes a provision authorizing the Nova Scotia Liquor Corporation to seek an injunction to enjoin a person from violating the Act or regulations or from continuing a violation. Clause 9 updates the name of Service Nova Scotia and Municipal Relations and the title of the Minister of Service Nova Scotia and Municipal Relations. Clause 10 provides that this Act comes into force on proclamation.
(a) adding immediately after clause (e) the following clause:
(b) adding "or to operate a ferment-on-premises facility" immediately after "liquor" in the second line of clause (j).
2 Subclause 14(1)(a)(i) of Chapter 260, as enacted by Chapter 21 of the Acts of 2011, is amended by adding "or for the operation of a ferment-on-premises facility" immediately after "premises" in the second line. 3 (1) Clause 47(1)(a) of Chapter 260, as enacted by Chapter 21 of the Acts of 2011, is amended by striking out "to sell liquor" in the second line.(2) Subsection 47(2) of Chapter 260 is repealed and the following subsections substituted:
(a) have and sell liquor on the premises in respect of which such license is in effect for consumption on those premises; or
(b) operate a ferment-on-premises facility,
subject to the terms and conditions of the license and the provisions of this Act and the regulations.
(2A) Notwithstanding subsection (2), a person may hold separate licenses to have and sell liquor in accordance with clause (a) of subsection (2) and to operate a ferment-on-premises facility, if the licenses are not granted in relation to the same premises.
(2B) No person shall operate a ferment-on-premises facility except under the authority of a license to operate such a facility.
(a) striking out the period at the end of clause (h) and substituting a semicolon; and
(b) adding immediately after clause (h) the following clause:
(a) striking out "or to" the second time it appears in the fifth line and substituting a comma; and
(b) adding "or an application for a ferment-on-premises license" immediately after "license" in the last line.
6 Section 50 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 42 of the Acts of 2007, Chapter 21 of the Acts of 2011 and Chapter 43 of the Acts of 2012, is further amended by(a) adding ", ferment-on-premises licenses" immediately after "licenses" the first time it appears in the fifth line of clause (a);
(b) adding immediately after clause (gd) the following clauses:
(gf) respecting the advertisement of goods and services provided in connection with the making of beer and wine at a ferment-on-premises facility and requiring that advertisements meet any conditions imposed by the Executive Director;
(gg) prescribing the qualifications and duties of persons who work in ferment-on-premises facilities;
(gh) prescribing standards for ferment-on-premises facilities;
(gi) prescribing, restricting or prohibiting methods and practices in connection with the making of beer or wine at ferment-on-premises facilities;
(gj) respecting the sampling or tasting of beer or wine on the premises of a ferment-on-premises facility;
(gk) respecting the possession, storage, removal and consumption of beer or wine at a ferment-on-premises facility;
(gl) prohibiting operators of ferment-on-premises facilities and their employees and agents from offering or giving inducements or engaging in prescribed practices with respect to the provision of any service provided at such a facility, and prescribing such practices;
(gm) prescribing the days and hours during which ferment-on-premises facilities may operate;
(c) adding immediately after clause (lf) the following clause:
(6) Subsection (5) does not preclude a person under the age of nineteen years from entering or being in a ferment-on-premises facility if the person is in the company of a parent or guardian.