Saturday, 29 May 2010

Having a Drink at Bare Oaks


We're very pleased to announce that, for the first time, the Bare Bistro is now fully licensed. (in previous years, liquor was sold under special occasions permits)

Also, a reminder that the Bare Bistro is now open 7 days per week. (see the Bare Bistro website for hours of operation)

There has been much speculation about what it means to have a licensed establishment within Bare Oaks Family Naturist Park.  In fact, nothing has changed legally, as a result of the liquor license other than you are now able to purchase wine, beer and other drinks at the Bare Bistro.

What we did learn is that we had been misinformed about the law with regards to liquor and alcohol consumption at the park. The possession and consumption of alcohol at Bare Oaks is regulated by Ontario law.  The law is the same whether we have a liquor license or not.

People who live in different jurisdictions may find these laws and regulations very restrictive. Indeed, one can still see the influence of temperance attitudes in the rules. Ontario liquor laws seem to betray a belief that alcohol is an unavoidable evil temptation that even normally responsible adults are incapable of controlling. But regardless of our opinion, these laws apply at Bare Oaks just like they do in the rest of the Province of Ontario. So until things change, here are a few things to keep in mind:

  • Beer, wine and other alcoholic drinks can be purchased at the Bare Bistro. By law, only drinks purchased at the Bare Bistro can be consumed in the licensed area. Additionally, drinks served at the Bare Bistro cannot be taken outside of the licensed area.
  • Except for the Bare Bistro licensed area, people can only be in the possession of alcohol or consume alcohol in a private place or residence. (alcohol in a closed container is not considered possession)
  •  This rule applies everywhere in Ontario whether or not there is a licensed premise on the property. It does apply to private property that is not a residence or a private place.
  • A residence includes your tent, trailer or RV along with the land next to it that is used as part of your campsite.
  • A private place is defined by law as “an indoor place to which the public is not ordinarily invited or permitted.”
  • Each individual is personally responsible for obeying the law. We have no plan to inspect coolers or examine the content of mugs & cups. But if a person is obviously violating the law while at Bare Oaks Family Naturist Park, we must intervene or we become complicit in the act.



Unlawful possession or consumption [Liquor Licence Act R.S.O. 1990, c. L.19, s. 31 (1-5)]

Definition
(1)     In this section, “residence” means a place that is actually occupied and used as a dwelling, whether or not in common with other persons, including all premises used in conjunction with the place to which the general public is not invited or permitted access, and, if the place occupied and used as a dwelling is a tent, includes the land immediately adjacent to and used in conjunction with the tent.

Unlawful possession or consumption
(2)     No person shall have or consume liquor in any place other than,
(a)  a residence;
(b)  premises in respect of which a licence or permit is issued; or
(c)  a private place as defined in the regulations.

Exception
(3)     Subsection (2) does not apply to the possession of liquor that is in a closed container.

Intoxication
(4)     No person shall be in an intoxicated condition,
(a)    in a place to which the general public is invited or permitted access; or
(b)    in any part of a residence that is used in common by persons occupying more than one dwelling in the residence.

Arrest without warrant
(5)     A police officer may arrest without warrant any person whom he or she finds contravening subsection (4) if, in the opinion of the police officer, to do so is necessary for the safety of any person.

Private Place [Liquor Licence Act R.R.O. 1990, Regulation 718] 

3.      (1)       For the purposes of clauses 30 (13) (a) and 31 (2) (c) of the Act, “private place” means a place, vehicle or boat described in this section.
(2)     An indoor place to which the public is not ordinarily invited or permitted is considered to be a private place except at the times when the public is invited or permitted access to it.
(3)     Despite subsection (2), an indoor place that is available for rental by members of the public for occasional use is not a private place.
(4)     A motor vehicle equipped with sleeping accommodation and cooking facilities is considered to be a private place while it is parked and being used as a residence.
(5)     Despite subsection (4), a motor vehicle is not considered to be a private place while it is on a highway or a King’s Highway within the meaning of the Highway Traffic Act. 


Photo by Slack12