Application by a Licensee under s. 14 of the Liquor Licence Act to Remove Conditions
Between:
Troup Group Inc. o/a Sandbar Waterfront Grill
Applicant
and
Registrar of Alcohol, Cannabis and Gaming
Respondent
DECISION and CONSENT ORDER
ADJUDICATOR: Jacqueline Castel, Member
APPEARANCES:
For the Applicant: Lena Bidawid, Agent
For the Respondent: Tamara Brooks, Counsel
Heard by teleconference on: May 8, 2019
INTRODUCTION
1The applicant, Tour Group Inc., operating as Sandbar Waterfront Grill amended its application at the case conference and is now seeking to have four conditions removed from its liquor license. The request is pursuant to section 14 (2) of the Liquor Licence Act (the Act), on the grounds there has been a change in circumstances that led to the imposition of the conditions.
2The applicant seeks the removal of the following conditions:
No music audible outside the licensed establishment. Absolutely no windows or doors to be left open during musical entertainment.
No adult entertainment inside or outside.
No live entertainment or live band music except Sundays and only 3 p.m. to 8 p.m. for outdoors.
Mondays to Saturday quiet background music only for outdoors.
3The applicant also proposes to have new conditions added which would permit live bands on the patio on Sundays (like currently permitted under condition #3) as well as on the statutory holiday weekends between May and September.
4The above four conditions were added to the licence on January 27, 2000 through the public interest provisions under section 9 of the Act. There were five objectors to the liquor licence, and the conditions were added on consent of the applicant at that time.
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 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
7At the case conference, the parties agreed that there has been a change in circumstances.
8The applicant submitted that the business, neighbourhood and neighbours have changed since 2000 when the conditions were initially added to the licence. According to the applicant, there have been no noise complaints filed by any neighbouring business or private residents for many years, and the applicant does not operate as an adult entertainment establishment.
9The applicant filed seven letters, from residents closest to the applicant’s premises, including residents living directly across the river, supporting its proposal of scheduling live music on the patio on statutory holiday weekends from May to September. The residents who signed the letters of support have lived at their current address between 2 and 26 years.
10In addition, the applicant posted signage (a copy of which was submitted) at its establishment (inside and outside), notifying patrons that it has applied to the Alcohol and Gaming Commission of Ontario for permission to have live bands on the patio on the statutory holiday weekends between May and September. The applicant also indicated that management staff have conducted regular table visits with diners, notifying them of the proposal of having live bands on the patio on statutory holiday weekends in the summer, and asking for their feedback. The applicant stated that no residents or customers have expressed any concerns or opposition to the proposal.
11With respect to the removal of the first conditions, Ms Brooks, counsel for the respondent, stated that the respondent does not regulate interior noise and no longer adds conditions to a liquor licence to that effect. Further, Ms Brooks acknowledged that the second condition is unnecessary, given that the applicant is not operating as an adult entertainment establishment. As such, the respondent consented to the removal of the first two conditions.
12Ms Brooks also noted that the applicant appears to have support for the proposal of offering live bands on the statutory holiday weekends in the summer. As such, she indicated that the respondent agrees there has been a change in circumstances such that the removal of the conditions is not contrary to the public interest.
13In light of the notice that was given to the public, the respondent proposes and the applicant agrees that the following conditions should replace the existing conditions:
The licence holder shall only permit live entertainment on Sundays and during statutory holiday weekends from May to September; and
The licence holder shall only permit entertainment on the patio on Sundays between 3 p.m. and 8 p.m. and during statutory holiday weekends from May to September.
14Having 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.
15As such, under s. 14(2) of the Act, I order:
The following conditions currently attached to the applicant’s liquor licence be removed:
No music audible outside the licensed establishment. Absolutely no windows or doors to be left open during musical entertainment.
No adult entertainment inside or outside.
No live entertainment or live band music except Sundays and only 3 p.m. to 8 p.m. for outdoors.
Mondays to Saturday quiet background music only for outdoors.
The following conditions shall be added to the applicant’s liquor licence:
The licence holder shall only permit live entertainment on Sundays and during statutory holiday weekends from May to September; and
The licence holder shall only permit entertainment on the patio on Sundays between 3 p.m. and 8 p.m. and during statutory holiday weekends from May to September.
LICENCE APPEAL TRIBUNAL
Jacqueline Castel, Member
Released: May 9, 2019