Pie Midland Corp. dba Pie Wood Fired Pizza Joint v. Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, 2019 CanLII 43880

Date: 2019-05-14

Application by a Licensee under s. 14 of the Liquor Licence Act to Remove Conditions

Between:

Pie Midland Corp. dba Pie Wood Fired Pizza Joint

Applicant

and

Registrar under the

Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

Respondent

DECISION and CONSENT ORDER

Adjudicator: Jacqueline Castel, Member

Appearances:

For the Applicant: Ryan Rattray, Counsel Lindsey K. Cunningham, Counsel

For the Respondent: Jordan Stewart, Counsel

Heard by Teleconference on: May 8, 2019

INTRODUCTION

1The applicant Pie Midland Corp., operating as Pie Wood Fired Pizza Joint, requests the removal of a condition on its liquor licence (LSL1051848). The request is made pursuant to section 14 (2) of the Liquor Licence Act (the “Act”), on the ground that there has been a change in circumstances that led to the imposition of the condition.

2The condition on the applicant’s liquor licence is :

1. The licensee shall not permit minors in the licensed premises after 9:30 p.m. except Meridis family events not open to the public.

3The above condition was imposed on the licence of the previous owner of the establishment, operating as Bleachers Bar and Eatery, in November 2005, by the Board of the Alcohol and Gaming Commission of Ontario. The condition was based on an agreed statement of facts, relating to a Notice of Proposal to suspend the licence. As such, it was part of a disciplinary matter.

4The liquor licence transferred to a new owner and operator on or about April 26, 2018. The new owner and operator, the applicant in this case, is not connected to the original liquor licence holder.

ISSUE

5The issue I am deciding is whether there has been a change in circumstances such that the conditions on the applicant’s liquor licence are no longer 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

7On May 14, 2019 a telephone case conference took place during which I heard submissions from both the applicant and the respondent. The parties agreed that there has been a change in circumstances.

8The applicant submitted that the condition was initially imposed on the former owner/operator of the establishment. The applicant is not connected to the former owner/operator of the establishment and also follows a different business model. The former owner operated a family dining establishment during the day and a night club in the evening. The applicant offers family dining services only. The condition also mentions the family name of the prior owner, which is not appropriate given that they are no longer involved in the business.

9Mr. Stewart, counsel for the respondent, confirmed that the respondent agrees that there has been a change of circumstances and that the removal of the condition is not contrary to the public interest.

10In the circumstances, I conclude there has been a change of circumstances.

11Under s. 14(2) of the Act, I order:

The following condition currently attached to the applicant’s liquor licence be removed:

1. The licensee shall not permit minors in the licensed premises after 9:30 p.m. except Meridis family events not open to the public.