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2.4 Objection to an Application

Retail Cannabis Store Handbook

Policies

New Premises

 

  1. AGLC will post all applications for cannabis licences on its website (aglc.ca)
    1. cannabis licence(s) for new premises; and
    2. relocations of existing licensed premises.

      Note: The application must meet the preliminary requirements for a licence prior to the application being posted. These requirements include, but are not limited to, the application fee, application form, floor plan, site plan and Particulars of Individual Form.
  2. The following information will be posted on AGLC website:

    1. name of the applicant;

    2. name of the proposed premises;

    3. municipal address of the proposed premises;

    4. licence applied for; and

    5. the date that a written objection must be received by AGLC.

  3. All objections must be submitted in writing and received by AGLC within 7 calendar days from the date the application is posted on AGLC website in order for the objection to be considered during the current licensing process. (Amended Apr 2020)

  4. AGLC may not consider objections of the following nature as they are considered the responsibility of the municipality:

    1. number of licensees in a community;

    2. location;

    3. space between licensed premises;

    4. matters involving retail competition, community image and property values; and 

    5. objections of a social/moral concern regarding the sale and distribution of cannabis, generally. 

  5. The applicant will be notified in writing of all objections received, other than those described in Section 2.4.4.

  6. The applicant will be given 14 days from the date of notification to respond in writing to the objection; an extension may be requested by the applicant. No licence(s) will be issued until the objection and the applicant’s response, if any, have been considered by the Board.

  7. The objector(s) will be contacted to obtain detailed information regarding the objection. The municipality, local law enforcement and any other applicable agencies may also be contacted to make inquiries as to the potential impact, specific to the objection, of the licence being issued in that community. 

  8. The applicant and the person(s) filing the objection will be advised in writing of the Board’s decision.

  9. If no objections to the issue of a licence are received within the 7 calendar days AGLC will continue with the licensing process. (Amended Apr 2020)

Existing Licensed Premises

  1. For existing licensed premises, only written objections received by AGLC at least 90 days prior to the expiration of the current licence will be provided to the Board for consideration.
  2. AGLC may not consider objections of the following nature as they are considered the responsibility of the municipality:
    1. number of licensees in a community;
    2. location;
    3. space between licensed premises;
    4. matters involving retail competition, community image and property values; and
    5. objections of a social/moral concern regarding the sale of cannabis, generally.
  3. The applicant will be notified in writing of all objections received, other than those described in Section 2.4.11.
  4. The applicant will be given 14 days from the date of notification to respond in writing to the objection; an extension may be requested by the applicant. No licence(s) will be issued until the objection and the applicant’s response, if any, have been considered by the Board at the earliest possible date.
  5. The objector(s) will be contacted to obtain detailed information regarding the objection. The municipality, local law enforcement  and any other applicable agencies may also be contacted to make inquiries as to the potential impact, specific to the objection, of the licence being issued in that community.
  6. The applicant and the person(s) filing the objection will be advised in writing of the Board’s decision.
  7. If no objections to the issue of a licence are received before the 90 calendar days prior to the expiration of the current licence  AGLC will continue with the licensing process.
  8. The Board will not consider an objection for an existing licensed premises where there is a sale, transfer or change in control. Should an objection be received during a sale, transfer or change in control, the Board will deal with the objection at least 90  days before the expiration of the new licence term.

Appearances Before the Board

  1. Section 94 of the Gaming, Liquor and Cannabis Act (GLCA) provides the right to request a hearing only to a licensee or applicant. A person who objects to the issuance of a licence does not have the right to request a hearing before a Panel.
  2. If an application is to be heard by a Panel of the Board under Section 94 of the GLCA, AGLC may, at its discretion, call an objector as a witness before such a hearing.

Other Licence(s) Registrations

  1. If any written objection to an application for a cannabis licence or registration not referred to above is received by AGLC, the following policies apply:
    1. The applicant will be notified in writing of all objections received.
    2. The applicant will be given 14 days from the date of notification to respond to the objection; an extension may be requested by the applicant;
    3. The objection and the applicant’s response, if any, will be submitted to the President and Chief Executive Officer (CEO) of AGLC for consideration. Should an objection to the issue of a licence be received by AGLC without sufficient time to consider the objection, a new licence may be issued and the objection will be considered by the CEO at the earliest possible date.
  2. Any objection to an application for a licence received after the specified time frames noted above will not be taken into consideration. The objector(s) will be advised accordingly.

Guidelines

  1. A request may be made to view the site plan of the applicant’s proposed premises prior to submitting an objection. The person making the request will be given 7 days from the date the application is posted to view the plans and to submit a written objection.
  2. Objections and/or requests to view the plans of proposed premises may be forwarded to:

    Alberta Gaming, Liquor & Cannabis
    Director, Compliance
    50 Corriveau Avenue
    St. Albert, AB. T8N 3T5
    Fax: 780‐447‐8911
    Email: Inspections.Mailbox@aglc.ca
  1. If a request to view the plan is received, AGLC will contact the stakeholder to arrange a time to view the site plan at the nearest AGLC office to the proposed premises.
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