An application for removal of a condition presently attached to the liquor licence
Between:
Frisaca Corporation dba Frisaca
Applicant
and
Registrar under the
Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996
Respondent
DECISION
Adjudicator: Katherine Livingstone, Member
Appearances:
For the Applicant: Salvador Cerna Montero, owner
For the Respondent: Tamara Brooks, Counsel
Heard by teleconference: June 07, 2019
OVERVIEW
1The applicant is the owner of Frisaca Corporation dba Frisaca, a licenced establishment in Toronto.
2In 2006, following a hearing before the Ontario Alcohol and Gaming Commission, the previous holders of the licence agreed to have the following condition attached to their licence:
No person under the age of 19 years be allowed in the licensed premise
3The applicant is the new owner of the establishment and is seeking to have the condition removed.
ISSUE
4The issue is whether there has been a change in circumstances that warrants the removal of the conditions.
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
6During the case conference the Tribunal was advised by counsel for the respondent that the condition had been placed on the licence after an incident where underage persons were served alcohol in the establishment, one to the point of intoxication.
7The Tribunal was further advised by the respondent there had been no further difficulties since the condition was placed on the licence. Most particularly, while acknowledging the applicant had only taken over the licence a short period of time ago, the respondent confirmed there were no reported infractions with respect to the applicant.
8The applicant advised the Tribunal that he wish to have the condition removed so that his three children, two of whom are minors, could attend at the restaurant, especially to celebrate special occasions.
9After hearing the position of the applicant and reviewing the history to the licence since the condition was imposed, respondent counsel stated they were satisfied there had been a change in circumstances and they were not opposed to the removal of the condition on the licence.
10Additionally 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.
11The Tribunal has reviewed both the application and other documents submitted by the applicant and the respondent. Their submissions have been considered. The Tribunal concludes there has been a change of circumstances in that:
The reason for placing the condition in 2006 is no longer a concern. In the period of time leading up to the transfer of the licence and in the short time the applicant has had the liquor licence there have been no reported infractions.
The respondent is not opposed to the removal of the condition.
12Consequently, in accordance with the authority set out in s. 14(2) of the Act, the Tribunal orders the following condition currently attached to the applicant’s liquor licence be removed:
No person under the age of 19 years be allowed in the licensed premise
LICENCE APPEAL TRIBUNAL
Katherine Livingstone, Member
Released: June 20, 2019