Appeal Process

The LGCA’s appeal process covers all licences, permits and approvals under The Liquor, Gaming and Cannabis Control Act. You can request a hearing by the LGCA board if you disagree with a letter you received from the LGCA’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.

When you request an appeal, the LGCA will consider your application, review the reason and grounds of the appeal, and inform you of next steps.

The following step-by-step summary shows you how to ask for and prepare for an appeal. You can also contact us by email or by calling us at 204-927-5300 or toll-free at 1-800-782-0363 if you have any questions.

Send a request in writing to the LGCA, stating the reason you want to appeal, within 21 days of receiving the decision or order. Your request for appeal must include your name, address and phone number, and must specify the grounds of the appeal.

At this time, you can say if you want your hearing to be held in person, over the phone or in writing. You can also outline information about your case and any evidence or witnesses you plan to bring to your hearing.

You can send your request for an appeal to:

1055 Milt Stegall Drive

Winnipeg, MB R3G 0Z6

Telephone: 204-927-5300

Toll-free: 1-800-782-0363

Fax: 204-927-5385

The LGCA will notify you of your hearing date, time and place within seven to ten days of receiving your request. Your hearing will be held within 60 days of LGCA’s receiving your request and you will receive written notice at least ten days in advance of your hearing date. You can ask for a later date if you need more time to prepare your case.

If you, your witnesses, or your representative cannot attend on the date arranged, you can ask to reschedule the hearing. Contact the LGCA 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 LGCA. It’s up to you to attend. If you don’t appear on the set date, the hearing may go ahead without you.

Consider all the facts. Decide what things you want to tell the board and what kind of evidence will support your case. Decide what you want to say before the hearing. You can speak on your own behalf, or you may ask a lawyer or another person to represent you and speak on your behalf. Some people have a lawyer come with them to present their case, others come alone or with someone who they trust to speak for them, or help and support them.

If you want to bring witnesses, make sure they know the time and place of the hearing. 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.

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. Prepare any documents or written evidence that will help you. Bring the original and three copies of any documents you want to present.

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

This is your chance for you and your witnesses to give facts and evidence for the board to consider. Three or more board members assigned by the chair of the LGCA board will form the panel to hear your appeal.

You will have the chance to ask the executive director questions about the decision or order. 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.

The executive director will also have an opportunity to present their case. They will be represented by a lawyer and will present evidence, such as documents and witnesses to support the decision. You may be asked questions about your case and the information you present. You may be asked questions by the board members and by the executive director's lawyer. All those involved in the appeal may call witnesses, cross-examine witnesses, present arguments and submit evidence at the hearing.

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 ask the LGCA for copies of these documents.

The board will consider the 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.

If you want to appeal the board's 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. 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.

Questions?