Appeals

The LGA works to ensure that our clients understand and comply with liquor and gaming regulations in Manitoba. The executive director has the authority to make decisions and issue orders requiring clients to follow certain rules or meet specific conditions. If clients disagree, they may escalate their concern to a higher level:

  • The executive director’s decisions and orders may be appealed to the LGA board.
  • The LGA board’s decisions may be appealed to the Court of Queen’s Bench in certain circumstances.

This appeal process allows clients to resolve concerns and complaints promptly and fairly.

How to make an appeal

Please review this information to determine if you can appeal, and how to request and prepare for a hearing.

Checklist: How to Make an Appeal

Send your request to:

Executive Director, LGA
200-215 Garry Street
Winnipeg, MB R3C 3P3
Telephone: 204-954-9400
Toll-free: 1-800-782-0363
Fax: 204-954-9450

Questions?

Please click below for answers to some common questions about appeals. You can also email us or call 204-954-9400 or toll-free at 1-800-782-0363.

What’s changed?

LGA staff are empowered to issue liquor and gaming licences and to address concerns or complaints about liquor- and gaming-related issues. Most matters are handled by LGA staff up to the executive director, but when there is a dispute or disagreement over a decision or order by the executive director, clients have the right to appeal the decision or order.

Appeals related to licenses, permits and approvals under The Liquor and Gaming Control Act are heard and decided upon by the LGA board. The is the same process that was in place for gaming-related appeals under the former Manitoba Gaming Control Commission and replaces the former Manitoba Liquor Control Commission’s Liquor Licensing Board that reviewed and approved liquor licences and conducted hearings.

What happened to the Liquor Licensing Board? I presented previous appeals to them.

The Liquor Licensing Board was eliminated as part of the amalgamation of liquor and gaming regulatory responsibilities under The Liquor and Gaming Control Act that came into effect in April 2014. As part of efforts to modernize Manitoba’s regulatory framework for liquor, the approval of liquor licences formerly conducted by the Liquor Licensing Board is now conducted as an administrative process by LGA staff. The LGA board now hears appeals in place of the Liquor Licensing Board.

Who can ask for an appeal?

The LGA’s appeal process covers all licences, permits and approvals under The Liquor and Gaming Control Act. You can request a hearing by the LGA board if you disagree with a letter you received from the LGA’s executive director about a decision or order regarding:

  • a licence, permit or approval;
  • the imposition of terms and conditions on a licence, permit or approval;
  • a decision to issue a liquor service licence or retail beer vendor licence;
  • a prohibited place order;
  • a patron dispute order;
  • a gaming integrity deficiency order; or
  • a compliance order.

What types of situations can be brought up at an appeal?

All licenses, permits and approvals under The Liquor and Gaming Control Act fall within the scope of the appeal process.

How do I request an appeal?

If you’ve received a letter from the executive director of the LGA and disagree with the decision or order, you have 21 days to ask for an appeal by writing to the LGA and stating the reasons for your appeal. Your written request for appeal must specify the grounds of the appealand must include your name, address and phone number.

Is there a time limit to request an appeal?

Yes. You have to ask for an appeal in writing within 21 days of receiving your letter. If other circumstances cause you to need for more time to request an appeal, you can ask for an extension.

When will my hearing be held?

The Liquor and Gaming Control Act requires that your hearing be held within 60 days of the LGA receiving your written request. You will be contacted within seven to ten days of your request and provided with the date, time and location for your hearing.

After receiving the date, time and place of the hearing, you must confirm in writing that you will attend. Tell us immediately if your address or phone number changes. This is very important if we have to contact you about your hearing.

What if I can’t attend the hearing on the set date?

If you, your witnesses, or your representative cannot attend on the date arranged, you can ask to reschedule the hearing. Contact the LGA in writing and explain why you, your witnesses, or your representative cannot attend and suggest alternate dates. While efforts will be made in most cases to reschedule, the authority to grant adjournments rests with the LGA. It’s up to you to attend. If you don’t appear on the set date, the hearing may go ahead without you.

Who will be at the hearing?

You or your representative, any witnesses and your lawyer will represent your interests. The LGA will be represented by the executive director and lawyer. The chair of the LGA board will set a panel consisting of three or more board members who will hear the appeal. A court reporter will record the hearing.

What happens at a hearing?

You will be able to ask the executive director questions about the order or decision and you will have an opportunity to present your case.

You can speak on your own behalf, or you may ask a lawyer or another person to represent you. You or your representative will need to present factual information, for example, evidence such as documents and witness testimony or character references. You may be asked questions about your case and the information you present.

The executive director will also have an opportunity to present his/her case. He/she will be represented by a lawyer and will present evidence, such as documents and witnesses to support the decision.

There will be an opportunity for both sides to question evidence brought forward, and the board may also ask questions.

The rules for all hearings are established by Parts 7 of The Liquor and Gaming Control Act,  and by the Licensing and Appeals Regulation. Please click on the links or as the LGA for copies of these documents.

How should I prepare for my hearing?

You or your representative must be ready to present your case at the hearing. You’ll need to explain why you think the executive director’s decision is wrong. It’s in your best interest to bring as much factual information regarding the case as you can. To support your case, you may:

  • give evidence yourself
  • ask witnesses to give evidence about specific facts or your character
  • present relevant documents, photographs, receipts, letters or other printed material.

Can I see the LGA’s file on my case before the hearing?

Before the hearing date, the LGA will send you a copy of the information used by the executive director to make the decision or order. This information will help you to prepare your case.

Can I ask questions about my file before the hearing?

Yes. If you have any questions, please email or call the person who sent you your file. Contact information is in the letter attached to your file.

What is evidence?

It’s important to bring evidence to prove your case. The board members hearing your case will make their decision based on the information presented at the hearing.

Evidence is given when:

  • you testify on your behalf
  • credible witnesses, with relevant knowledge, testify on your behalf, for example regarding facts about your case, and/or character or professional references relevant to your appeal
  • you relevant present documents, photographs, receipts, letters or other printed material that support your appeal

What is a witness?

A witness is a credible person with direct knowledge of any event that may support your case. Witnesses have to swear that their evidence is the truth. You’re responsible for arranging for your witnesses and for ensuring they attend the hearing.

Where will my hearing be held?

Hearings are usually held in person, often at the LGA’s offices in Winnipeg. Hearings may be held in another community when this can be arranged, or by a written submission, telephone or video conference when necessary.

Can the public attend hearings?

Hearings are open to the public, unless there is a good reason for the hearing to be held in private. Hearing notices and results are posted at the LGA’s offices and on the LGA website.

The LGA board may choose to close a hearing, or portions of a hearing, when financial, private or proprietary information is being presented.

What if I change my mind and I no longer want a hearing?

If you change your mind, you must notify the LGA in writing that you no longer want to have a hearing.

Can I ask for an interpreter?

If you need a French language interpreter, notify the LGA in advance and we’ll provide one for you. If you need an interpreter for any other language, arranging and paying for one will be your responsibility.

When will I get the decision?

The LGA board will consider all evidence submitted by you and by the executive director. Based on the information presented to them, the board will make a legally binding written decision. The board will provide its decision and reasons in writing as soon possible after the hearing. The written decision will be mailed to you and all parties.

What if I don’t agree with the decision?

If you don’t agree with the decision, you must apply to the Court of Queen’s Bench within 30 days of the board’s decision. If you want to do this, you may wish to seek legal assistance, as appeals will only be reviewed by the Court of Queen’s Bench if they involve a point of law or a question of the board’s jurisdiction.