19th Hole Sports Bar and Grill Inc. o/a 19th Hole Sports Bar and Grill v. Registrar of Alcohol, Gaming and Racing, 2019 CanLII 37534

Date: 2019-04-26

An application for removal of the condition with respect to hours of sales and service of liquor on the patio

Between:

19^th Hole Sports Bar and Grill Inc. o/a 19^th Hole Sports Bar and Grill

Applicant

and

Registrar of Alcohol, Gaming and Racing

Respondent

DECISION AND CONSENT ORDER

Adjudicator: Katherine Livingstone, Member

Appearances:

For the Applicant: Ben Bennardo, company representative

For the Respondent: Tamara Brooks, counsel for AGCO

Heard by teleconference: April 24, 2019

INTRODUCTION

1The applicant is the owner of 19^th Hole Sports Bar and Grill Inc. o/a 19^th Hole Sports Bar and Grill in the city of Toronto. By written applicant dated February 2, 2019 the applicant requests removal of a condition of its liquor licence # 27959, 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 following condition was added to the licence on consent on May 24, 2018 based on the objection of the ward Councillor at the time:

The sales and service of alcohol on the premises shall end and all signs of service and consumption shall be cleared by 11:00pm

3The applicant seeks to have the condition removed due to a change in circumstances. Removal of the condition would result in the applicant being bound by the regular permissible hours of sale and service of alcohol, which extend past the applicant’s present allowable hours.

4The proposed change in circumstances is that the only objector to the licence, the ward Councillor at the time, is no longer in office. New Councillor Nunziata supports the application for extending the hours of service.

ISSUE

5The 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 proper and necessary to give effect to the purpose of the Act.

LAW

6Subsection 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

7The matter came before me for a case conference on April 24, 2019. At that time the applicant presented email correspondence dated March 26, 2019, from the office of Councillor Nunziata. The email stated

“Our office has confirmed that no complaints have been filed about the 19^th Hole Sports Bar and Grill with the Toronto Police and the AGCO.

The Councillor supports the application for extending serving hours”

8In light of the email correspondence the respondent has no objection to the removal of the condition.

9Additionally, both the applicant and the respondent consented to me, as the case conference adjudicator, making the decision on whether there had been a change in circumstances.

10I have reviewed the application and other documents submitted by the applicant and the Registrar of the Alcohol and Gaming Commission on Ontario. I have also considered the submissions of the applicant and the respondent. I conclude there has been a change of circumstances in that the sole objector to the licence is no longer the Councillor in the ward and the new Councillor is supportive of extending the hours of service.

11Consequently, 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:

The sales and service of alcohol on the premises shall end and all signs of service and consumption shall be cleared by 11:00pm.