Application by a Licensee under s. 14 of the Liquor Licence Act to Remove Conditions
Between:
2461458 Ontario Inc. o/a Junction Local
Applicant
-and-
Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996,
Respondent
DECISION
ADJUDICATOR:
Katherine Livingstone, Member
APPEARANCES:
For the Applicant:
Gino Benevenga, Owner
For the Respondent:
Valreen Sealie, Counsel
Heard by Teleconference:
October 1, 2019
Background
1The applicant, 2461458 Ontario Inc., operating as Junction Local, is a licensed establishment in Toronto, Ontario.
2The applicant has been operating his restaurant for approximately 3 years. There is a patio adjoining the restaurant. Prior to the applicant obtaining the licence there was a public hearing during which time people objected to the licence being granted for the patio. However, an agreement was reached with respect to the hours the patio would sell and serve alcohol. As a result, the objectors withdrew their objections and all parties consented to the conditions. The applicant’s position is there has been a change in circumstance and now wishes to remove the following condition from the licence:
From Sunday to Wednesday inclusive the sale and service of alcohol on the patio shall cease by 9:15 pm. On Thursday, Friday and Saturday, the sale and service of alcohol shall cease by 10:15 pm.
3Should the condition be removed, the applicant’s intention is to serve alcohol on the patio until 10:15 pm. every day. The applicant advised the Tribunal that applicant is bound by a City of Toronto bylaw requiring the applicant to have the patio cleared of any signs of service by 11:00 pm.
Issue
4The issue the Tribunal is deciding is whether there has been a change in circumstances such that the condition in question is no longer proper and necessary to give effect to the purpose of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act. (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
6An initial case conference was held on July 18, 2019. During the conference the applicant alluded to support he believed he would receive for the removal of the conditions. However, in his application, there were no specifics or statements on whether the original objectors were either now not objecting to the removal or had moved from the area of the establishment. Nor were there any statements from persons who were supportive of the changes, particularly those neighbours who would be most directly affected by the removal of the conditions.
7Given the limited information available, the respondent advised they were not, at that time, able to take a position with respect to the application.
8The applicant indicated his willingness to reach out to previous objectors to obtain their position on the proposed removal of the condition and to also attempt to provide the Tribunal with more information from those people who are supportive of the removal. The matter was adjourned to allow the applicant to obtain additional information.
9The applicant subsequently provided a document signed by nine persons living in the immediate area, expressing approval for the proposed change to daily service of alcohol on the patio until 10:15 pm.
10The applicant also provided a letter date August 26, 2019, signed by an original objector. The author of the letter lives directly across the street from the restaurant. He wrote that none of his original concerns of late-night noise, litter, sidewalk smoking or other concerns had materialized. He further went on to describe the applicant as “good neighbours” who improved their property significantly. He concluded his letter by stating, “I hope they stay there, and I have no problem with their request for a short extension on the licensing hours”.
11Having reviewed the material forwarded by the applicant, the respondent indicated they were satisfied there was a change in circumstances, and they were agreeable to the removal of the present condition and, pursuant to section 14 (1) of the Act, a subsequent attachment of a condition which would allow for daily service of alcohol on the patio until 10:15 pm.
12Both the applicant and the respondent consented to this Tribunal making the decision as to whether or not there had been a change in circumstances.
13This Tribunal has reviewed the application and the other documents submitted by the applicant and the respondent. The submissions of both parties have been considered. The Tribunal concludes there has been a change in circumstances in that an original objector approves the change and neighbours in the immediate area also approve the change. Additionally, the respondent is not opposed to the removal of the condition. Further, both parties agree, pursuant to section 14(1) of the Act to imposing a condition allowing daily service until 10:15 pm.
Order
14Consequently, in accordance with my authority set out in s. 14(2) of the Act, I order the following condition currently attached to the applicant’s liquor licence be removed:
From Sunday to Wednesday inclusive the sale and service of alcohol on the patio shall cease by 9:15 pm. On Thursday, Friday and Saturday, the sale and service of alcohol shall cease by 10:15 pm.
LICENCE APPEAL TRIBUNAL
________________________
Katherine Livingstone, Member
Released: October 16, 2019