Enforcement action

On this page

• Enforcement process and compliance meetings
• Notice of Enforcement Action (NOEA)
• Enforcement action options
• Signing a waiver
• Monetary penalty payment
• Not signing a waiver

Inspectors attempt to resolve issues through education and compliance meetings before taking enforcement action, depending on numerous considerations. For example, if you have committed similar contraventions in the past, or there is a threat to public safety, a notice of enforcement action is more likely.

If the Branch decides not to issue a Notice of Enforcement Action (NOEA)

• The inspector holds a compliance meeting
  • The meeting is for you, your staff and the inspector to discuss the situation and agree on a solution

Liquor and cannabis seizures

A seizure occurs when liquor and cannabis inspector(s) confiscate product (generally liquor or cannabis) as evidence for a contravention of:

• Legislation or regulations
• Licence terms and conditions

Seizures generally occur if the inspector intends to pursue enforcement action. Learn more about liquor and cannabis seizures.

Notice of Enforcement Action (NOEA)

If the Branch decides to issue a NOEA: 

• A NOEA goes out to you, by email or regular mail
• The notice includes
  • Details of the contravention
  • Proposed enforcement action
  • Implications
  • Your options

Examples of enforcement action include:

• Licence suspension
• Monetary penalty
• Licence, authorization or permit cancellation
• Transfer of licence
• Licence terms and conditions (i.e., shorter service hours or removal of certain licence privileges) 

Enforcement action options

In some cases, you are given a choice between paying a fine or having a licence or authorization suspended.

You can choose between a fine or suspension if:

• It is the first liquor contravention within a 24-month period or the first cannabis contravention within a 12-month period
• The minimum of either penalty found in the schedules below is suitable. Either penalty could be a monetary-penalty or a suspension
  • Liquor Control and Licensing Regulation: Schedule 2
  • Cannabis Licensing Regulation: Schedule 2

The NOEA will also include the provision for a licensee or authorization-holder to waive the opportunity for a hearing through a waiver notice. 

Signing a waiver 

Waiver notices must be signed by the licensee, authorization holder or shareholder and a witness.

If you choose to sign the waiver, you

• Agree you committed the contravention
• Accept the requirements from the Notice of Enforcement Action
  • This includes the enforcement decision and penalty
• Give up the opportunity for an enforcement hearing
• Agree the contravention is now part of your compliance history

If your NOEA contains more than one contravention

• You can sign a waiver for one or more of the contraventions, and challenge the others at an enforcement hearing

Once the general manager receives your signed waiver, the general manager issues a penalty letter outlining the

• Procedures for imposing the penalty
• Conditions of the penalty

The penalty can be either a monetary penalty or a licence or authorization suspension.

Monetary penalty payment

Generally, you need to pay the monetary penalty in full within 30 days, or within the time frame stated in your penalty letter.

Not signing a waiver

If you choose not to sign the waiver, the next step is an enforcement hearing.