Licence Appeal Tribunal
Appeal of a Notice of Proposal by the Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, pursuant to the Liquor Licence Act, R.S.O. 1990, c. L.19 - to Refuse Application for Licence
Between:
Brandon Millette John o/a or intending to o/a The Bank Sports Bar and Nightclub Appellant
and
Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 Respondent
DECISION AND ORDER
ADJUDICATOR: Patricia McQuaid, Vice-Chair
APPEARANCES:
For the Appellant: Self-represented
For the Respondent: Elizabeth Maishlish, Counsel
Heard in Toronto: May 27, 2019
REASONS FOR DECISION AND ORDER
BACKGROUND
1This is a hearing before the Licence Appeal Tribunal (the “Tribunal”) arising out of a Notice of Proposal to refuse an application for licence issued by the Registrar, Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 (the “Registrar”). In the Notice of Proposal dated December 18, 2018, the Registrar cites several grounds under the Liquor Licence Act (the “Act”) for refusing the application, specifically, as set out in section 6(2)(d) and (e) of the Act respectively:
i. The applicant Brandon John is a front for his father, Leon John, whose past conduct affords reasonable grounds for belief that they will not carry on business in accordance with law and with integrity and honesty; and
ii. Leon John made false statements in the Personal Disclosure Report filed with the application.
2The application for a liquor sales licence for the Bank Sports Bar and Nightclub at 661 Colborne Street in Brantford was initially filed by Leon John as sole proprietor of the business and the contact person. That information on the application was changed on October 1, 2018 to list Brandon John as owner. Brandon John’s signature appears on the application. A Personal Disclosure Form was also submitted to the Alcohol and Gaming Commission (“AGCO”) on October 18, 2018, for Leon John as the manager of the establishment. On that form, Leon John responded “no” to the question about whether he had ever been found guilty of an offence. In the Notice of Appeal, submitted by Leon John, for his son, he stated that any misinformation on the application, particularly on the Personal Disclosure Form, was an “honest mistake” and that it is the intention that the business will be run by Brandon John.
3The hearing took place on May 27, 2019 with evidence from three witnesses on behalf of the Registrar: Christine Bourrie, John Meissner and Rebecca Castillo. The appellant testified as did Leon John. Closing submissions were made in writing, with the last of these received on June 11, 2019.
RESULT
4After carefully considering the evidence and submissions, and for the reasons set out below, I direct the Registrar to carry out the Notice of Proposal.
ANALYSIS
Past Conduct - s. 6(2)(d) of the Act
5The ‘past conduct’ of concern is principally that of Leon John who, the Registrar alleges, is in fact the actual owner of the proposed establishment and who will have “responsibility for the management or operation of the business”, as per s. 6(2)(d) of the Act. I will, therefore, first assess the evidence on the ownership and /or management and control issue.
a. Ownership of the business
6Rebecca Castillo, AGCO senior manager of licensing and eligibility, testified that she was aware that an application for licence would be forthcoming because of discussions she had with Leon John and Tracy Thompson (a friend of Leon and Brandon John) about their use of the special occasion permit (“SOP”) in August 2018. Specifically, the concern was whether they were using the SOP for public events which is not permitted under the Act; in effect, using an SOP to run an ongoing business. Ms. Castillo testified that she told Leon John that he should be applying for a liquor licence.
7When the application was first submitted, Leon John was named as the owner, but shortly thereafter, Leon John and Ms. Thompson attended at the AGCO offices and substituted Brandon John as the