Application by a Licensee under s. 14(2) of the Liquor Licence Act, R.S.O. 1990, c. L. 19 to Remove Conditions
Between:
10617369 Canada Inc. o/a Chuck’s Roadhouse Bar and Grill
Applicant
And
Registrar of Alcohol, Gaming and Racing
Respondent
DECISION AND ORDER
Adjudicator: Jeanie Theoharis, Vice Chair
Heard in Writing
DECISION AND ORDER
Overview:
1By written application received March 8, 2018, 10617369 Canada Inc. (Licensee/applicant) operating under the name Chuck’s Roadhouse Bar and Grill requests the removal of conditions on its liquor licence #LSL 1030435, pursuant to section 14(2) of the Liquor Licence Act, R.S.O. 1990 c L. 19 (Act), on the grounds that there has been a change in the circumstances that led to the imposition of the conditions.
2The applicant requests that the following two conditions be removed:
a. The licensee shall ensure that there is a licensed security guard posted at each entrance and exit that is operable and to provide greater specificity, by operable it is not intended that a licensed security guard be posted at the internal mall door when the mall is closed to the public.
b. The licensee shall post and maintain prominent signs visible at all public exits advising patrons not to loiter and to be considerate of the surrounding community.
3By correspondence dated April 26, 2018, the Registrar of Alcohol, Gaming and Racing advised the Tribunal that the original application for a liquor sales licence resulted in an objection from a member of the public. The public interest concern was resolved by the imposition of these conditions at a public meeting. The Registrar further indicated that no objections were received, and that he does not take a position with regards to this application.
Issue:
4The issue to be decided is whether there has been a change in circumstances such that the conditions on the applicant’s liquor licence are no longer proper to give effect to the purposes of the Act.
Law:
5Subsection 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:
6Having 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 conditions were imposed on the liquor license as part a public meeting held to address an objection from a member of the public.
(b) The applicant requests the two conditions on its liquor license be removed. The applicant indicates that their day-to-day business has changed in that they are not operating as a nightclub or dance-club. The applicant indicates that they now operates as a full service restaurant, with food sales amounting to over 70% of sales.
(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 its authority set out in s. 14(2) of the Act, I order:
7I 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 license be removed:
The licensee shall ensure that there is a licensed security guard posted at each entrance and exit that is operable and to provide greater specificity, by operable it is not intended that a licensed security guard be posted at the internal mall door when the mall is closed to the public.
The licensee shall post and maintain prominent signs visible at all public exits advising patrons not to loiter and to be considerate of the surrounding.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice-Chair
Released: May 14, 2018