Application by a Licensee under s. 14 of the Liquor Licence Act to Remove Conditions
Between:
Entice Entertainment Group Inc. o/a Entice Culinary Lounge Applicant
and
Registrar of Alcohol, Gaming and Racing Respondent
DECISION AND ORDER
Adjudicator: Jeanie Theoharis, Vice Chair Date of Direction: August 8, 2018 Heard in Writing
DECISION AND ORDER
Introduction
1By written application received November 29, 2017, the applicant requests the removal of conditions on its liquor licence # 817027, 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 condition be removed:
a. The sale and service of liquor shall cease at 12:30 am for business days starting on Tuesdays and Wednesdays and at 5:30 pm on Sundays. No liquor shall be served on Mondays.
3The Registrar indicates that the condition was attached to the licence pursuant to section 6(2)(h) of the Act as a result of public objections.
4The appellant posted a placard to address the removal of this condition. The placard informed the public of the applicant’s application to remove the condition and invited the public to file written objections if they were concerned with the application to remove the condition. The Registrar’s submissions indicate that no objections were received in regards to the applicant’s removal of this condition. The Registrar also notes that he does not take a position in regards to this application.
Issue
5The issue I am deciding is whether it is plain and obvious that there has been a change of circumstances such that the condition on the applicant’s liquor licence is no longer proper to give effect to the purposes of the Act.
6If 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
7Subsection 14(2) of the Act permits the Tribunal, on an application to remove a condition from a licence, to remove conditions if there is a change in circumstances.
Analysis
8Having 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, I conclude that there has been a change of circumstance in that:
a. The condition was 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 indicates that his business is losing sales due to the condition’s restriction of alcohol service; and that many customers are requesting they be open for business on Sunday and Monday nights for dinner. In that regard, to stay competitive with the neighbouring restaurants, the condition restricting alcohol service on Sunday and Monday evenings would need to be removed. To address the public’s request for the applicant to be open for service on all days of the week, the applicant seeks to be open seven days a week with the sale and service of liquor being until 2:00 a.m.
c. The Registrar indicates that no objections were received. Moreover, 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 my authority set out in s. 14(2) of the Act, I order:
9I am satisfied that there has been a change in circumstances and the Registrar has not taken a position on the removal of condition. I order that the following condition currently attached to the applicant’s liquor licence be removed:
a. The sale and service of liquor shall cease at 12:30 a.m. for business days starting on Tuesdays and Wednesdays and at 5:30 p.m. on Sundays. No liquor shall be served on Mondays.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice Chair
Released: August 8, 2018