One thing all licensees on campus should know is the law. Serving it right gives a good overview of case law, and how to run an event effectively, but it does not go in to the details over how the administrative side of licensing works. Allegations of the University Detachment reinterpreting the Liquor Control and Licensing Act/Regulation should be strong motivation for us to know what the law says, and how to argue effectively. This series serves as a mere guide, not as legal opinion, to help you defend your rights as a licensee. Today’s article is an FAQ regarding the two types of license you can achieve: public, and private.
What is the difference between a private and public license?
The liquor control and licensing regulation goes over two classes of license: private and public. Each has their own intentions, their own benefits, and their own detriments. The following chart should help:
Public
* $100.00 licensee fee.
* Event is open to the general public.
* No spirits can be served without exception from the University Detachment and the Liquor Control and Licensing Branch.
* Capacity is defined as the number of people in the room (replacements permitted).
Private
* $25.00 license fee.
* Event is restricted to members of an organization or ticket holders.
* Spirits can be served.
* Number of guests invited cannot exceed capacity (no replacements).
In general, you will likely want a private license. The only downside is the no replacements rule.
The University Detachment is denying my private event, claiming it’s actually public!
Lets take a look at the regulations. Contrary to claims that licenses are intended for events like weddings, the law says that community and social events are acceptable to license if private. Here is what the regulation says:
“private special occasion” means any of the following events for which a special occasion license is issued:
(b) an event of a social, cultural, recreational, religious, sporting or community nature, if
(i) the licensee is an individual who is a member of and a representative for a genuine organization,
(ii) the event is organized and hosted by the organization, and
(iii) attendance is limited to the organization’s members or staff, to invited guests or to persons to whom tickets have been sold or provided before the event;
“public special occasion” means an event for a community or public celebration or an event, open to the public, for the conduct of tastings to acquaint the public with products of a liquor manufacturer licensed under the Act or any comparable Act of any other jurisdiction, for which event,
(c) for any other event, support for the event has been expressed by the local government or police having jurisdiction in the area;
Odds are your event is private. You represent a genuine organization (your fraternity, club, constituency, etc.), your event is likely hosted by your organization, and you have either pre-sold tickets to your event, or the only attendees are members of the organization (the Detachment may require proof, so either tell your members to bring membership cards, or print out your list of members prior). Private licenses are both cheaper, and permit hard-bar, and there’s no way we should be denied those priveledges if we are entitled to them.
In Part 2 of the series, we will discuss advertising.
March 9, 2008
Categories: Uncategorized . . Author: jacobmedel . Comments: Leave a comment