Licence Appeal Tribunal
FILE: 10176/LLA
CASE NAME: 10176 v. Registrar of Alcohol and Gaming
Appeal from the Notice of Proposal of the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19 - to Refuse to Renew a Liquor Licence
Lake Affect Patio Bar & Grill Inc. o/a Lake Affect Patio Bar & Grill Inc. Appellant
-and-
Registrar of Alcohol and Gaming Respondent
ORDER
ADJUDICATOR: Patricia McQuaid, Vice-Chair
APPEARANCES:
For the Appellant: Saba Ahmad, Counsel
For the Respondent: Joyce Taylor, Counsel
Heard in Toronto: September 29, 2016
ORDER
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act, (the “Act”) issued a Notice of Proposal, dated March 22, 2016, which proposed to refuse to renew the liquor sales licence of Lake Affect Patio Bar & Grill Inc. o/a Lake Affect Patio Bar & Grill Inc. (the “Appellant”). The Appellant appealed this Notice of Proposal to the Licence Appeal Tribunal.
The hearing commenced on September 29, 2016. Given that the essential facts in this matter were not in dispute, the Tribunal requested that Counsel make submissions on how this matter could most efficiently proceed. Before those submissions were heard, at the request of Ms. Ahmed, witnesses were excluded. Only Ms. Castillo, the representative of Ms. Taylor’s client, the Registrar, was permitted to remain.
As a result of the submissions and the subsequent discussions between the parties, the Appellant and the Registrar reached an agreement to resolve this matter, the terms of which they requested be included in the Tribunal’s Order.
The parties have agreed as follows:
- The Appellant withdraws its appeal. The Registrar has undertaken that in the event that Lake Affect Patio Bar & Grill regains possession of the premises located at 1 Port Street East, Mississauga within eight (8) months of October 1, 2016 and also applies to hold this liquor licence again within that time frame, the Registrar shall exercise discretion and shall treat the application as an application to reinstate the licence which was the subject of this appeal.
On the basis of the foregoing agreement, this matter is hereby concluded.
LICENCE APPEAL TRIBUNAL
Patricia McQuaid, Vice-Chair
Released: October 12, 2016