What happens to a liquor licence when I buy the property a restaurant operates from in Ontario?
A liquor licence is issued by Ontario's alcohol regulator to a specific licensee, the business operator, not to the real property itself, so simply buying the building doesn't transfer the licence along with it. If you're only acquiring the real estate and a new, separate operator will run the restaurant, that operator generally needs to apply for their own new liquor licence before serving alcohol, regardless of who owns the building.
Where this gets more nuanced is if the deal also involves buying the restaurant as a going concern, meaning the operating business itself and not just the real estate. In some cases a licence transfer process may be available rather than starting from scratch, but this depends on the specific circumstances and the regulator's requirements, and it isn't automatic just because the business or property changed hands.
Because licensing gaps can mean a period where alcohol can't legally be served, anyone buying a restaurant property with plans to continue liquor service, whether through a new operator or a continuing one, should confirm the correct licensing path and timeline with the appropriate regulatory process well before closing, rather than assuming the existing licence simply carries over with the keys.
Key takeaways
- A liquor licence belongs to the business operator, not the real property, and doesn't transfer with a building sale.
- A new operator generally needs to apply for their own licence rather than inheriting the seller's.
- Buying the restaurant business itself, not just the property, may open a different, but not automatic, transfer path.
- Confirm the correct licensing process early to avoid a gap in the ability to serve alcohol.