Licence Appeal Tribunal
Safety, Licensing Appeals and Standards Tribunals Ontario
Tribunal d’appel en matière de permis
Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario
APPLICATION BY A LICENSEE UNDER S. 14(2) OF THE LIQUOR LICENCE ACT, R.S.O. 1990, c. L. 19
TO REMOVE CONDITIONS
APPLICANT: 896807 Ontario Limited o/a Club 147
ADJUDICATOR: Jeanie Theoharis, Vice Chair
HEARD: In Writing
ORDER
Pursuant to the provisions of s. 14(2) of the Liquor Licence Act (the “Act”), by written application received August 22, 2017, the applicant seeks the removal of a condition on its liquor licence, 812457, on the ground that there has been a change in circumstances.
Having reviewed the application and other documents submitted by the applicant and the Registrar of the Alcohol and Gaming Commission of Ontario, and having considered its written submissions, the Tribunal concludes that there has been a change of circumstance in that:
(a) The condition was imposed on the liquor licence as part of a disciplinary action taken due to infractions which took place at the establishment in 2008. The condition was also amended in July 2016.
(b) The applicant requests the condition which requires two security personnel at the premises be removed due to a change in the business volume and in the region in general. The applicant indicates that their business volume has decreased 70% over the past five years and the need for two security personnel is not needed. Moreover, the applicant indicates that the Timmins area is a very depressed area and population continues to decrease. The applicant indicated that the number of patrons in the establishment is very small on the weekends.
(c) The applicant placed a placard regarding this application at its premises, and no objections were received.
(d) The Registrar takes no position with regards to the applicant’s application, and has not advised the Tribunal of any adverse disciplinary history of the applicant.
Consequently, in accordance with its authority set out in s. 14(2) of the Act, the Tribunal orders the removal of the following condition from the applicant’s liquor licence:
- There shall be at least two security personnel on duty in the licensed premises on Friday and Saturday nights, one starting at 10:30 p.m. and 11:00 p.m., until the premises is closed and patrons have cleared the licensed premises, and at any other time management deems necessary due to large and expected occupancy, or when there is a special event.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice-Chair
Released: December 28, 2017