What is the LCBO’s standard of reasonableness in its application for a licence to prohibit the sale of unlicensed alcohol?
Ontario, Canada
The following excerpt is from Liquor Control Board of Ontario v Ontario Public Service Employees Union, 2021 CanLII 15607 (ON LRB):
27. The LCBO relies on Radke v. Ontario Provincial Police, [2017] O.L.R.B. Rep. 543, at paragraph 28, that the standard of reasonableness is not the complete absence of danger and that the Board must take into account “the nature of the industry, the operation and specific process in issue” and “the likelihood of the perceived harm and the magnitude of that harm”.
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