5022978 Ontario Inc. o\a Leng Keng v. Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, 2020 CanLII 40181

Decision and Consent Order

Date: 2020-06-02

An application for the removal of conditions with respect to the requirement to have a licensed security guard at certain times and to maintain records from security cameras for 30 days and make them available for inspection.

Between:

5022978 Ontario Inc. o\a Leng Keng Applicant

-and-

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

ADJUDICATOR: Katherine Livingstone, Member

Appearances in Writing For the Applicant: Le Anh Nguyen, owner For the Respondent: Tamara Brooks, counsel for AGCO

Authority referred to: 8120 v. Registrar of Alcohol and Gaming, 2013. CanLII 41645 (ON LAT)

Introduction

1The applicant is the owner of 5022978 Ontario Inc. o\a Leng Keng. By written application dated May 21, 2020, the applicant requests removal of the conditions of its liquor licence #1179093, pursuant to section 14(2) of the Liquor Licence Act, (the Act), on the ground there has been a change in circumstances that led to the imposition of the conditions.

2The establishment was granted a liquor licence with the following conditions:

1. The applicant shall ensure that there is at least one security guard at the door on Sunday to Thursday inclusive, between the hours of 10 p.m. and the establishment’s closing time.
2. The applicant shall maintain all recordings from the establishment’s security cameras for a period of thirty (30) days and make these available to AGCO inspectors or police upon request.

3The applicant seeks to have the conditions removed due to a change in circumstances.

4The proposed change in circumstances is the applicant is trying to reopen their business after the Coved 19 pandemic, and they have additional measures and overhead costs involved in the re-opening. They are new management and have changed the focus of the operation to target family customers. They believe the costs associated with maintaining the conditions will negatively impact on the establishment’s ability to financially survive.

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

7After the appeal was filed by the applicant, the matter was reviewed by the respondent. A date of June 16, 2020 was set for a case conference that would allow the parties to further outline and discuss their respective positions.

8By email dated May 26, 2020, the respondent corresponded with the Tribunal indicating it was satisfied there had been a change in circumstances and agreeing to removal of the conditions. The respondent was satisfied that the matter proceed without a case conference in order to expedite matters.

9The respondent outlined their reasons for concluding there had been a change in circumstances: namely, the conditions were placed on the licence following the 2013 decision of 8102 v. Registrar of Alcohol and Gaming, 2013 CanLII 41654, as part of the sanctions to address concerns with the prior licensee. The liquor licence was transferred on May 14, 2020 with the conditions originally intended to address risks unrelated to this applicant. The applicant has been operating the establishment on a contract-out authorization for some time prior to the transfer, without incident. The respondent advised there was no regulatory history for the applicant.

10Both the applicant and the respondent consented to me making the decision on whether there had been a change in circumstances in the absence of hearing further from the parties.

11I have reviewed the application and other documents submitted by the applicant and the Registrar of the Alcohol and Gaming Commission on Ontario as well as the prior 2013 decision of this Tribunal. I have also considered the written submissions of the applicant and the respondent. I conclude there has been a change of circumstances in that the conditions were imposed to address risks unrelated to this applicant. Further, the applicant has been operating the establishment for some time prior to the transfer of the licence with no concerns. Finally, there is no regulatory history for the applicant.

12Consequently, in accordance with my authority set out in s. 14(2) of the Act, I order the following conditions, currently attached to the applicant’s liquor licence, be removed:

1. The applicant shall ensure that there is at least one security guard at the door on Sunday to Thursday inclusive, between the hours of 10 p.m. and the establishment’s closing time.
2. The applicant shall maintain all recordings from the establishment’s security cameras for a period of thirty (30) days and make these available to AGCO inspectors or police upon request.