The Liquor Licence Act was amended effective March 30, 2000, authorizing AGCO to regulate the operation of Ferment on Premise (FOP) facilities. Ferment on Premise facilities operating in Ontario are required to apply to the AGCO for an operating licence.

The FOP Licence permits you to provide a facility where equipment for the making of beer or wine on the premises is available for individuals. The Liquor Licence Act and regulations set out the specific roles of the customer and the licensee and his or her employees and agents.

The premises are to be used exclusively for customers who make their own beer or wine for personal consumption.

FOP facilities are subject to advertising and promotion regulations and guidelines and cannot offer for sale, keep for sale, produce for sale or sell wine or beer.

All licensees must be registered with Retail Sales Tax office (Ministry of Finance), in the same name they use to apply for a FOP Licence.

For information on how to obtain a federal ferment on premise registration, please visit the Canada Revenue Agency website.

Renewing a Ferment on Premise Facility Licence       back

A new licence is valid for two years and renewed every three years.

A renewal notice and application form will be mailed to the licensee by the AGCO, as a courtesy, 60 days prior to the expiry date shown on the licence. The licensee must return the completed renewal form and the appropriate alcohol licensing fee payable to the Minister of Finance, prior to the expiry date. There is an additional fee for late renewals.

A licence cannot be renewed if the licensee is in arrears for Retail Sales Tax (RST). If in doubt, contact your local RST office. You'll find the address in the blue pages of your local phone book under Finance - Ministry of; Retail Sales Tax District Office.

It is illegal to operate the FOP facility with an expired licence.
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90-Day Contract Agreement       back

Application Forms and Guides

A 90-Day Contract Agreement allows a transfer applicant to operate a ferment on premise facility until a licence is issued in the new owner’s name, the 90 days are up, the licence expires, or the AGCO refuses the application, whichever comes first.

During the 90-day period, both the current ferment on premise facility licence holder and the transfer applicant are responsible for the operation of the facility.

The 90-day contract agreement must be submitted in triplicate to the AGCO with the new application, and appropriate alcohol licensing fee.
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Ownership Change (Transfer) of a Ferment on Premise Facility     back 

Application Forms and Guides

FOP licences are issued to individuals, partnerships and corporations. The licence holder is responsible for the ongoing operation of the licensed premises.
Ownership changes must be approved by the AGCO. A Transfer Application must be submitted if:
	You purchase a FOP facility with a licence.
	You purchase all the shares of a corporation that holds an active licence.
	You (or your corporation) hold a current licence and take on a new partner.
	You (or your corporation) hold a current licence and a change in the corporate structure will result in a person or corporation gaining more than 10% of the equity shares.
	The will of a deceased licensee has been probated and the licensed facility will be operated by the beneficiary.
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Ownership Change (Corporate Rollover) of a Ferment on Premise Facility      back

Application Forms and Guides

FOP licences are issued to individuals, partnerships and corporations. The licence holder is responsible for the ongoing operation of the licensed premises.

Ownership changes must be approved by the AGCO. A Corporate Rollover Application must be submitted if:
	An individual or a partnership decides to incorporate and become a corporation. In this case the individual or the partners must be the only officers and directors of the new corporation and a corporate structure form must be completed.
	A corporation with a sole officer, director and shareholder decides to become a sole proprietor.
	A corporation with more than one officer, director or shareholder decides to become a partnership and the officers; directors and shareholders are the only partners.
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Temporary One Year Transfer of Licence       back

Application Forms and Guides

A premise with a valid ferment on premise licence may be eligible for a one-year non-renewable transfer of ferment on premise licence in order to dispose of the business in an orderly fashion, if the licensed premise is temporarily taken into possession by:
	A trustee in bankruptcy
	A court appointed receiver
	A mortgagee (on the property)
	A franchisor
	A landlord by default of lease

An Application for a Temporary Transfer must be completed by one of the eligible applicants listed above and forwarded to the AGCO along with the appropriate alcohol licensing fee.

Applicants may not operate the ferment on premises until the temporary licence has been issued by the AGCO.
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Application Forms and Guides:      back  

Click Here For Important Instructions On Completing and Submitting PDF Forms.

Please mail completed applications, including all attachments and appropriate alcohol licensing fee to:

Alcohol and Gaming Commission
Licensing & Registration
90 Sheppard Avenue East, Suite 200
Toronto, Ontario
M2N 0A4

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