KOS Café & Restaurant v. Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 2019 CanLII 58151

Date: 2019-06-03

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

Between:

KOS Café & Restaurant

Applicant

and

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

Respondent

DECISION and CONSENT ORDER

ADJUDICATOR: Jacqueline Castel, Member

APPEARANCES:

For the Applicant: Marites Herrera, Agent

For the Respondent: Jordan Stewart, Counsel

Heard by Teleconference on: June 3, 2019

INTRODUCTION

1The applicant, KOS Café & Restaurant, requests the removal of a condition of its liquor licence # LSL811124. The request is made 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 condition on the applicant’s liquor licence is :

1. The sale and service of alcohol is to cease at 10 p.m.

3The above condition was placed on the licence in 2004 based on an agreement between the applicant and one resident objector.

ISSUE

4The 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 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

6At a case conference on June 3, 2019 the parties agreed that there has been a change in circumstances for the purpose of subsection 14(2) of the Act.

7Specifically, 15 years have elapsed since the condition was imposed, at the request of one resident objector. The neighbourhood has changed over the last 15 years, as has the applicant’s business model.

8Mr. Stewart, counsel for the respondent, also stated that the applicant has a clean record of regulatory compliance. As such, he indicated that the respondent is of the view that the removal of the condition is not contrary to the public interest and consents to the condition being removed.

9Having 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.

10Accordingly, under s. 14(2) of the Act, I order:

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

1. The sale and service of alcohol is to cease at 10 p.m.