749439 Ontario Ltd. o/a National Tavern v. Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, 2019 CanLII 51325

DECISION and CONSENT ORDER

Date: 2019-05-06

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

Between:

749439 Ontario Ltd. o/a National Tavern Applicant

and

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

ADJUDICATOR: Jacqueline Castel, Member

APPEARANCES:

For the Applicant: Michael Taus, Agent For the Respondent: Jordan Stewart, Counsel

Heard by Teleconference on: May 3, 2019

INTRODUCTION

1The applicant, 749439 Ontario Ltd. operating as National Tavern, an establishment in Sudbury, requests the removal of two conditions on liquor licence # 92574. 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 conditions.

2The two conditions the applicant is seeking to have removed are:

1. There shall be no live music or speakers on the patio.
2. Doors and windows from the interior of the premises to the patio shall at no time be propped open.

3The conditions, which both pertain to the patio, were imposed by the Board of the Alcohol and Gaming Commission of Ontario for public interest reasons. However, the patio no longer exists and is now a parking lot.

ISSUE

4The 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

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

6On May 3, 2019 a case conference took place at which time I heard from both the applicant and the respondent.

7Mr. Stewart informed that the respondent received an application on or about March 20, 2019 to remove the outdoor licensed area from the applicant’s liquor licence. The application was approved on April 10, 2019, and the area which was previously used as an outdoor patio is no longer licensed. Mr. Taus confirmed that this area is now used as a parking lot.

8Both parties are agreed that there has been a change in circumstances and that the conditions pertaining to an outdoor patio are no longer applicable.

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

10Based on the submissions of the applicant and the respondent, I conclude there has been a change of circumstances, namely the area which was previously used as a patio is now a parking lot.

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

The following conditions currently attached to the applicant’s liquor licence be removed.

1. There shall be no live music or speakers on the patio.
2. Doors and windows from the interior of the premises to the patio shall at no time be propped open.

LICENCE APPEAL TRIBUNAL

Jacqueline Castel, Member