ORFA ALERT

AGCO Special Occasion Permit (SOP) Recreation Grounds Use Application Gap

September 17, 2024

The ORFA has been made aware of a possible gap in the current online Alcohol and Gaming Commission Ontario (AGCO) Special Occasion Permits (SOP) application process. SOPs are for the sale and/or service of beverage alcohol at special occasions such as weddings, receptions, public events, etc. An SOP is required anytime alcohol is offered for sale or served anywhere other than in a licensed establishment or a private place. A private place is an indoor area not usually open to the public and not open to the public during the event (for example, a private office or a residence). Special Occasion Permits are issued exclusively online via the AGCO website. [More]  

The ORFA has discovered that in one member community, the public had made application and was granted an SOP for use of a community greenspace without municipal staff knowledge or approval. When contacted, the AGCO shared that scrutinizing every online application was not possible thus creating a gap. Once advised by recreation department staff, AGCO staff did ensure that their inspection team visited the site to ensure compliance. Confusion surrounding the approval of the SOP may have been influenced by a City of Toronto decision to allow alcohol consumption in some of their open spaces under their Alcohol in Parks Program Alcohol in Parks Program – City of Toronto. This decision may have all Ontarian’s believing this is a provincial change to current liquor laws RSO 1990, c L.19 | Liquor Licence Act – it is not! Recreation management might also expect an increase in the consumption of alcohol on recreational spaces as Ontarian’s adjust to the increased availability of alcohol products in more locations. [More] 

The ORFA reminds recreation administrative staff of the potential for pre-existing Municipal Alcohol Policies (MAPs) that could have been formally passed by elected officials in the 1990s. These MAP policies may exist but are not being properly administered. The ORFA encourages the review of these documents as they may pose a significant liability when not accurately being applied by all stakeholders.

In the same light, a reminder that the consumption of cannabis is restricted in public places, including community recreation facilities, parks, playgrounds, beaches, and any place where tobacco smoking (and vaping) is prohibited to limit exposure to second-hand smoke and maintain public order under the Smoke-Free Ontario Act, 2017. Cannabis use is to only be permitted in private residences based on landlord policy. [More] 

ORFA members are also encouraged to reach out to your operations insurance providers risk department to discuss how to best approach these changes. The ORFA continues to monitor this new administrative operational challenge and invites members to share any similar experiences. [More]