Licence Appeal Tribunal
Application by a Licensee under s. 14 of the Liquor Licence Act to Remove Conditions
Between:
Roadside Picnic Inc., o/a Roadside Picnic
Applicant
-and-
Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act
Respondent
DECISION and CONSENT ORDER
ADJUDICATOR:
Jacqueline Castel, Member
APPEARANCES:
For the Applicant:
Jerry Levitan, Counsel
For the Respondent:
Tamara Brooks, Counsel
Valreen Sealie, Counsel
Introduction
1The applicant, Roadside Picnic Inc, requests the removal of a condition of liquor licence No. LSL1132463. The request is made pursuant to section 14 (2) of the Liquor Licence Act (the "Act"), on the ground there has been a change in circumstances that led to the imposition of the condition.
2The condition that the applicant is seeking to have removed from its liquor licence is :
- The sale and service of alcohol indoors shall cease at 11 p.m. daily and all signs of sale and service of alcohol shall be cleared by 11:45 p.m.
3The above condition was placed on the licence in January 2016 based on a consent agreement between the previous licence holder and the City of Toronto (the "City"). At the time, the City was the only objector to the liquor licence application. The liquor licence was transferred to a new licensee, the applicant, in August 2019. The applicant was not a party to the consent agreement.
Issue
4The issue I am deciding is whether there has been a change in circumstances such that the condition on the applicant's liquor licence is no longer necessary to give effect to the purpose of the Act.
Law
5Subsection 14(2) of the Act permits the Tribunal to remove conditions if, on an application to remove a condition from a licence, the Tribunal finds there is a change in circumstances.
Analysis
6At a case conference on October 17, 2019 the parties agreed that there has been a change in circumstances for the purpose of subsection 14(2) of the Act.
7Specifically, almost 4 years have elapsed since the condition was imposed, based on a consent agreement between the former licence holder and the City. Ms Brooks, counsel for the respondent, informed that she has been in touch with Mr. Mark Crawford, counsel for the City, who confirmed that his client has no objection to the condition being removed from the licence. Ms Brooks also indicated that the respondent has no objection to the removal of the condition.
8Having reviewed the application and the other documents submitted by the parties, and having considered their submissions, I conclude there has been a change of circumstances.
9Accordingly, under s. 14(2) of the Act, I order:
The following condition currently attached to the applicant's liquor licence shall be removed:
- The sale and service of alcohol indoors shall cease at 11 p.m. daily and all signs of sale and service of alcohol shall be cleared by 11:45 p.m.
LICENCE APPEAL TRIBUNAL
Jacqueline Castel, Member
Released: October 18, 2019