Liquor Licensing
The Nova Scotia Utility and Review Board (“Board”) is the final stage in the licensing process for applicants for permanent liquor licenses in the Province. These adjudicative functions under the Liquor Control Act were assigned to the Board in April 2000. Previously, they had been performed by the Liquor License Board from 1961 to 1997, and by the Board of the Alcohol and Gaming Division (AGD) from 1997-2000.
There are currently several different categories of liquor license available to applicants. Application for license is made to the Licensing Division of the AGD (a Division of the Department of Environment and Labour). When applicants have completed the filing requirements (including zoning clearances, floor plans, deed or lease, etc.), the AGD forwards the file to the Clerk of the Board for review and the scheduling of a hearing. Applications for eating establishment licenses in “wet” areas of the Province and transfers of license are dealt with at informal staff presentation hearings which applicants are usually not required to attend. The Clerk advises parties of the time, date and location of hearings and is the Board’s contact person if there are any questions concerning process or procedure.
Most licenses (i.e., lounge, beverage room, cabaret, private club) involve a public hearing in the community where the proposed establishment is located. Notice of the public hearing is given in newspapers circulating in the community. Provided all the technical filing requirements for licensing have been adequately addressed, the principal test to be met by an applicant at a public hearing is to satisfy the Board that the premises to be licensed will not interfere with the quiet enjoyment of neighbouring properties, either public or private, including private residences, churches, nursing homes, hospitals and similar institutions. Interested parties may write to the Board to express their views on an application, or appear at the public hearing, or both. Written submissions are copied to the applicant in order to ensure fairness in the process.
Although not required, applicants are often represented by legal counsel at hearings. If an application is contested, the Board generally reserves its decision. All Board decisions are in writing and are available to the public.
The Board also hears disciplinary matters involving licensees who are charged by the AGD with infractions of the Liquor Control Act and/or Liquor License Board Regulations. Both the AGD and the licensee are usually represented by legal counsel at such hearings. Depending on the outcome of the hearing, the Board has a range of disciplinary options, including the power to dismiss the charge, suspend licensing privileges for a stipulated period of time, impose conditions on the operation of the establishment, impose a combination of sanctions, or cancel the license.
The Liquor Control Act and the Liquor License Board Regulations can be accessed through the “Statutes” and “Rules and Regulations” buttons located on the left hand side of the screen.
Also, decisions of the Board can be accessed through the “Decisions” button located on the left hand side of this screen.