Licence Appeal Tribunal
Application by a Licensee under s. 14 of the Liquor Licence Act to Remove Conditions
Between:
2494960 Ontario Inc. o/a The Music Hall Applicant
and
Registrar of Alcohol, Gaming and Racing Respondent
DECISION AND ORDER
Adjudicator: Jeanie Theoharis, Vice Chair Date of Order: April 27, 2018 Heard in Writing
DECISION AND ORDER
Overview:
1By written application received August 31, 2017, 2494960 Ontario Inc. (Licensee/applicant) operating under the name The Music Hall requests the removal of conditions on its liquor licence # 803507, 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 the following two conditions removed:
a. Condition Number 1: The Licensee shall ensure that security personnel will be located on the outside of the premise during operating hours.
b. Condition number 3: No patrons under the age of 19 years shall be permitted on the premise during the serving of alcohol.
3The applicant further requests that the removed conditions be replaced with the following two conditions:
a. The Licensee shall ensure that security personnel will be located on the outside of the premises during operating hours at the Licensee’s discretion. i.e. in inclement weather the Licensee shall ensure security personnel will be located directly inside the front door entrance of the premises during operating hours, or located on the outside of the premises during operating hours, dependant of weather.
b. To allow all ages to be permitted on the premises during the serving of alcohol at the Licensee’s discretion, as per event basis. The Licensee shall ensure, upon entry that an approved item of identification will be verified for all patrons. Patrons under age 19 will be given a coloured wrist band and must be worn at all times while on the premises. Patrons aged 19 and over will be given an opposing coloured wrist band and must be worn at all times while on the premises.
4On January 26, 2018, the Tribunal directed the applicant to post a Notice of Application to Remove Conditions on a Liquor Licence to allow for any objectors to make submissions and/or objections to the applicant’s request to remove the conditions. The direction indicated that the conditions were imposed at the request of The City of Oshawa Police Department in 2003. Following a posting of a Notice of Application to Remove Conditions on a Liquor Licence, the Tribunal did not receive any submissions from the public objecting to the applicant’s application to remove the conditions.
5By correspondence dated January 15, 2018 and March 15, 2018, the Registrar of Alcohol, Gaming and Racing advised the Tribunal that they did not take a position with regard to the applicant’s application for removal of conditions; and that the conditions were attached to the licence by the Registrar per the request of the City of Oshawa Police Department in 2003.
Issue:
6The 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:
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.
8Pursuant to subsection 14(1) the Registrar may at any time review a licence and may attach to the licence any further conditions consented to by the licensee.
Analysis:
9I find that there has been a change in circumstances that led to the imposition of the conditions. In particular the applicant’s business structure has changed, in that it is not solely operating as a nightclub.
10The applicant would like to offer its space to be utilized for events that can be attended by patrons of all ages. The diversity of events attracts patrons under the age of 19. Currently with the condition limiting access to the premise to those over the age of 19, the diversification in event space is limited. Moreover, it can be reasonably assumed that during certain events or during inclement weather, it would not necessitate a security personnel to be outside of the premises at all times during operating hours.
11The applicant operates as a public hall, and it is rented out for a variety of functions such as charity fundraisers, concert hall, nightclub, and private events; and partakes in various forms of entertainment, music genres, and comedy acts. The applicant asserts that it would benefit and meet the public needs by allowing all ages to access the premise.
12The applicant would like to offer the premise to be used for family type events, such as weddings, all-ages events and talent shows. The applicant submits that it is not their intention to operate as an all-ages venue at all times, but will assess the age requirement on an event-to-event basis. It asserts that it will continue to maintain a nineteen (19) and older age restriction during certain events, such as a nightclub event or various concerts.
13I have considered both party’s submissions, the applicant’s request to remove two conditions from its liquor licence, and the replacement conditions the applicant agrees may be added to its liquor licence. To stay competitive and operational, and to facilitate a broader range of events the applicant can host at its premise, the removal of the proposed conditions are warranted. The applicant’s proposed change in its business structure is a change in circumstance which warrants a remove of the proposed conditions. As stated above, the Registrar has the authority under s. 14(1) of the Act to impose conditions consented to by the Licensee.
Consequently, in accordance with my authority set out in s. 14(2) of the Act, I order:
14I 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. Condition Number 1: The Licensee shall ensure that security personnel will be located on the outside of the premise during operating hours.
b. Condition number 3: No patrons under the age of 19 years shall be permitted on the premise during the serving of alcohol.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice Chair
Released: April 27, 2018