The Alcohol and Gaming Commission of Ontario (AGCO) is responsible for regulating and licensing Liquor Delivery Services. Under the Liquor Licence Act, Ontario Regulation 718/90, Liquor Delivery Services are required to be licensed. A Liquor Delivery Service licence permits the delivery of liquor to the public for a fee.
If an applicant for a Liquor Delivery Licence is a corporation, partnership or sole proprietorship, its business trade (operating) name must be registered with the Companies and Personal Property Security Branch. Also note that corporations must file updated information with respect to officers and directors of a corporation with the Companies and Personal Property Security Branch on a regular basis. For information and forms, please see the Ontario.ca, Central Forms Repository. Forms must be forwarded to Companies and Personal Property Security Branch for processing.
Obtaining and Renewing a Licence
In order to operate a Liquor Delivery Service in the Province of Ontario, you are required to obtain a Liquor Delivery Service Licence from the AGCO. The Liquor Delivery Service Licence permits the delivery of liquor to the public for a fee. A new licence is valid for a 2 year period and expires on the date set out in the licence. Renewals are valid for 3 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 fees
payable to the Ministry of Finance, prior to the expiry date. It is your responsibility for renewing your licence. Failure to file the renewal application and fee prior to the expiry date means that you cannot deliver liquor until you have applied for and received a new licence.
A copy of the Liquor Delivery Service Licence must be carried by each individual engaged in the delivery of liquor products. Before purchasing liquor, the licensee must have an order from the person on whose behalf the purchase is being made. The order must set out:
- The name and address of the licensee;
- The kinds and quantities of liquor to be purchased; and,
- The residential address where the liquor is being delivered.
All liquor must be purchased from the Liquor Control Board of Ontario (LCBO), an LCBO Agency Store, The Beer Store or a manufacturer’s retail store.
Liquor must only be delivered to a residence and must be delivered to, and accepted by, persons 19 years of age or older.
All signed receipts must contain the following information:
- The name and address of the person for whom the purchase was made;
- The date of the delivery;
- The kinds and quantities of liquor delivered;
- The price paid for the liquor purchased;
- The delivery fee; and,
- The name of the person making the delivery.
The liquor must be delivered on the day it is purchased and while the retail store is open or within one hour of the retail store’s closing.
The licence holder shall charge the recipient of the liquor the following minimum fee for delivery:
- $6.00 is to be collected upon delivery to the municipalities of Burlington, Peterborough, Toronto and Welland;
- $5.50 is to be collected upon delivery to the municipalities of Barrie and Petawawa;
- $5.00 is to be collected upon delivery to the municipalities of Niagara Falls, Orillia and St. Catharines; and,
- $4.00 is to be collected upon the delivery to all other municipalities.
All records pertaining to the delivery of liquor, including purchase orders and signed receipts, must be kept at the place of business as set out in the licence for at least one year, and be made available upon request.
No free liquor may be offered or given to a customer as a prize in a contest.
No relationship with a liquor manufacturer can exist (i.e. contracts or agreements), unless the licence holder is acting under an agreement with a manufacturer of liquor to deliver the liquor of that manufacturer for a charitable purpose. A charitable purpose is defined as:
- The relief of poverty;
- The advancement of education;
- The advancement of religion; and,
- Other charitable purposes beneficial to the community, not falling under a), b) or c).
No benefits can be received from a manufacturer (i.e. cash, donation of products or items that assist the business), unless the licence holder is acting under an agreement with a manufacturer of liquor to deliver the liquor of that manufacturer for a charitable purpose (see above for definition of charitable purpose).
Liquor Delivery Service Licence holders must ensure that managers and persons involved with taking liquor orders and/or supplying liquor to customers hold a certificate demonstrating the successful completion of a server training course approved by the Board of the AGCO within 60 days after being hired.
Currently, the server training program that has been approved by the Board of the AGCO is the Smart Serve Training Program. The Smart Serve Training Program is available on video or online through the Smart Serve website. For more information about the Smart Serve Training Program, please visit their website at: www.smartserve.ca
- Except as set out in 2) below, the holder of a liquor delivery licence shall not advertise liquor or the availability of liquor without the prior approval of the Registrar.
- In an advertisement, a holder of a liquor delivery licence may, without the prior approval of the Registrar:
- state that the licence holder is licensed by the AGCO to deliver liquor from government stores operated by the Liquor Control Board of Ontario or Brewers Retail Inc. to a person’s residence;
- state the name of the delivery service, its address, telephone number, facsimile number, and e-mail address or the name under which the licence holder is carrying on business and its delivery fees; and,
- refer in general terms to the types of liquor available for delivery (the use of terms such as beer, light beer, wine, imported wine, liquor, spirits, cocktails, etc., are permitted).
- Where prior approval is not required, advertising must still comply with all the guidelines.
- Where an advertisement has been submitted for approval to the Registrar and approval has been denied, this section does not permit the use of the advertisement.
- No advertisement shall promote immoderate consumption, convey that liquor is offered for sale by the licence holder or target a person under 19 years of age.
For more detailed information on the AGCO’s Advertising Guidelines, please see Advertising Guidelines, Ferment on Premise and Liquor Delivery Licence Holders and Special Occasion Permit Holders.
A 90-Day Carry-over allows a transfer applicant to operate a liquor delivery service until the licence is transferred into the applicant’s name, the 90 days are up, the licence expires, or the AGCO refuses the transfer, whichever comes first.
During the 90-day period, both the current liquor delivery service licence-holder and the transfer applicant are responsible for the delivery of liquor to residences in accordance with the Liquor Licence Act and Regulations.
The 90-Day Carry-over agreement must be submitted to the AGCO with the transfer application, and appropriate
alcohol licensing fees
Change of Business Address
In order to make sure that the AGCO has the most current contact information, liquor delivery service operators are explicitly obligated to immediately inform the AGCO when their business relocates. Liquor delivery service licensees should inform the AGCO of a business address change by way of a written notification sent to:
AGCO Head Office
Licensing and Registration Branch
90 Sheppard Avenue East, Suite 200
Toronto, Ontario M2N 0A4
Change of Ownership
A change in ownership of the business requires the transfer of the licence. A transfer application must be submitted if:
- A liquor delivery service with a licence is purchased and the licensee consents to transferring the licence;
- A current owner takes on a new partner;
- All the shares of a corporation that holds an active licence are purchased by another party;
- There is a change in the corporate structure, resulting in a person or corporation gaining 10% or more of the shares;
- The will of a deceased licensee is being probated and the licensed delivery service will be operated by the beneficiary;
- An individual or a partnership decides to incorporate and become a corporation;
- A corporation with a sole officer, director and shareholder becomes a sole proprietorship; and/or,
- A corporation with more than one officer, director or shareholder becomes a partnership.
New and updated PDF forms on this site can be filled-in and saved locally to your PC. This updated feature preserves all of the information you have filled in, however, version 6.05 or later of Adobe Reader® is required. Download Adobe Acrobat Reader®