Panzarotini Group Inc. o/a Old School Bar and Grill v. Registrar of Alcohol, Gaming and Racing, 2018 CanLII 128923

Date: 2018-08-28

Appeal under s. 14 of the Liquor Licence Act R.S.O. 1990 c L-19 to remove conditions on a licence to sell liquor

Between:

Panzarotini Group Inc. o/a Old School Bar and Grill

Appellant

-and-

Registrar of Alcohol, Gaming and Racing

Respondent

DECISION AND ORDER

Adjudicator: D. Gregory Flude

Date of Direction: August 28, 2018

Heard by Teleconference: June 14, 2018

DECISION AND ORDER

Introduction

1By written application received February 16, 2018, the applicant requests the removal of conditions on its liquor licence # 100072, pursuant to section 14 (2) of the Liquor Licence Act on the grounds that there has been a change in the circumstances that led to the imposition of the conditions.

2The appellant requests that the following conditions be removed:

a. There will be four clearly identifiable security persons outside the licensed premises in the parking areas from 1:30 a.m. to 3:30 a.m.;

b. The licensee shall comply with Minutes of Settlement dated November 27, 2002 entered into between the licensee and the Corporation of the City of Mississauga attached as Exhibit A to the Agreed Statement of Facts and Joint Submissions of Disposition.

3The Registrar indicates that the conditions were attached to the licence pursuant to section 6(2)(h) of the Act as a result of public objections.

4A number of other conditions have been attached to the licence by the Registrar. Since these conditions were attached to the licence pursuant to s. 8.1 of the Act, their removal does not fall within the purview of s. 14(2). Removal of those conditions is a matter for the appellant and the registrar.

5By order released on June 27, 2018, I required the appellant to post notice of its request to remove the conditions and invite the public to file written objections outlining any concerns with the application to remove the condition. I also ordered that the Tribunal send a copy of my order directly to City of Mississauga. The Tribunal received no objections during the comment period in regards to the removal of the conditions. The Registrar also notes that he does not take a position in regards to this application.

Issue

6The issue I am deciding is whether it is plain and obvious that there has been a change of circumstances such that the conditions on the applicant’s liquor licence are no longer proper to give effect to the purposes of the Act.

7If I do not find it plain and obvious, then I will order the Registrar to issue a Notice of Proposal and the issue may proceed to a full hearing where the question of a change of circumstances can be fully explored with all interested parties present.

Law

8Subsection 14(2) of the Act permits the Tribunal, on an application to remove a condition from a licence, to remove conditions imposed following a public hearing under s 6(2)(h) of the Act if there is a change in circumstances.

Analysis

9Having reviewed the application and other documents submitted by the applicant and the Registrar of the Alcohol and Gaming Commission of Ontario, and having considered their oral submissions, I conclude that there has been a change of circumstance in that:

a. The conditions were imposed on the liquor license as part a public meeting held to address objections from members of the public. The public was provided an opportunity to address their objections to the application for the removal of the condition, and no objections were received.

b. The applicant’s premises are in an industrial area with little to no impact on surrounding residents.

c. There has been a change in ownership of the premises and a change in the business model.

d. No objections were received. It is of particular note that the City of Mississauga did not file an objection despite being notified directly.

e. The Registrar takes no position with regards to the application

Consequently, in accordance with my authority set out in s. 14(2) of the Act, I order:

10I am satisfied that there has been a change in circumstances and the Registrar has not taken a position on the removal of conditions. I order that the following conditions currently attached to the applicant’s liquor licence be removed:

a. There will be four clearly identifiable security persons outside the licensed premises in the parking areas from 1:30 a.m. to 3:30 a.m.;

b. The licensee shall comply with Minutes of Settlement dated November 27, 2002 entered into between the licensee and the Corporation of the City of Mississauga attached as Exhibit A to the Agreed Statement of Facts and Joint Submissions of Disposition.