This is an excellent question, and it recently came up on a night out with my wife.
We were out and decided to pop into a local establishment for some “nibbles” and some more wine. After ordering an assortment of charcuterie-type snacks and a bottle of wine, my wife decided she wanted to go home.
She asked the barman to re-cork our bottle. The barman said he couldn’t. My wife was sure he could and should. I was not sure of anything. So, off to the Internet, I went! My search took me to the Alcohol and Gaming Commission of Ontario site.
The Gist Of It All.
I’m no lawyer, but it seems to me—that it’s up to the establishment to decide. But, yes, you are allowed to take an opened bottle of wine home (if sealed properly) with you (unless you appear to be intoxicated).
Here is what the AGCO has on their site:
Take Home The Rest
1. Does a licensed premise have to make application to offer customers THTR?
No. All establishments with a valid liquor sales licence that sell wine may choose to offer THTR.
2. Why aren’t liquor licensees required to apply for an endorsement to their licence in order to offer THTR?
THTR is intended to give Ontarians another option for drinking responsibly, and any licensed establishment is permitted to offer this service. The only additional requirement for licensees would be to ensure the bottle is properly resealed. There would be no need for additional licensing requirements relating to THTR.
3. How does THTR work?
THTR allows patrons to remove an opened, unfinished bottle of wine that they either brought with them or purchased at the restaurant. Controls must be in place to ensure the bottle is properly resealed. Wine made by a licensee under a wine pub endorsement cannot be resealed for THTR.
4. What is the procedure for re-sealing a partially consumed bottle of table wine?
Liquor sales licensees offering THTR must seal an unfinished bottle of wine with a cork that is flush with the top of the bottle.
5. Does THTR now permit a licensee to sell wine to go?
No. THTR is only permitted for opened, unfinished bottles of wine at the end of the patron’s visit.
6. Is commercially-made wine the only beverage alcohol permitted under THTR?
Licensees participating in THTR may only offer to reseal unfinished wine brought by patrons under BYOW or ordered from the menu for patrons to take home the rest. Wine made by the licensees under a wine pub endorsement cannot be resealed for THTR.
7. Can licensees permit patrons to leave with an opened bottle of wine?
No. Restaurants offering THTR are required to reseal the bottle in such a manner that it cannot be readily re-opened and consumed while in transit. Liquor sales licensees offering THTR must seal an unfinished bottle of wine with a cork that is flush with the top of the bottle. Existing controls on transporting opened bottles of liquor and prohibiting consumption in public areas will still apply.
8. What are the existing requirements for transporting bottles of liquor in motor vehicles?
Liquor transported in a vehicle must be in a container that is unopened and the seal unbroken; or is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle (e.g., stored in the trunk of the vehicle).
9. If a bottle of unfinished wine is re-sealed at one restaurant, can the patron take it to another restaurant and finish it there?
No. BYOW only allows patrons to bring wine that is commercially made and unopened (i.e., manufacturer´s seal not broken) onto the premises.
10. Is a licensee permitted to reseal wine for removal if a patron appears to be intoxicated?
No. Under the Liquor Licence Act, it is illegal to sell or supply liquor to an intoxicated patron.
Hopefully, this information shed some light on this issue.
Grape Stains by Jimmy 