Licence Appeal Tribunal

Safety, Licensing Appeals and Standards Tribunals Ontario

Tribunal d’appel en matière de permis Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario

Date: 2020-08-13

Application for Removal of Conditions from a Liquor Licence under Section 14(2) of the Liquor Licence Act, R.S.O. 1990, c. L. 19

Between:

2608483 Ontario Inc. o/a Petty Cash Applicant

and

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

CONSENT ORDER

ADJUDICATOR: Joanne Foot, Member

APPEARANCES:

For the Appellant: Mr. David Knight, Representative For the Registrar: Ms. Ashley An, Counsel

Consent Order

1A case conference for this matter was heard by telephone on August 4, 2020.

Background

2Liquor Licence No. LSL1041461 (the “Liquor Licence”) was issued to 2608483 Ontario Inc. o/a Petty Cash on March 12, 2019 relating to the premises located at 487 Adelaide Street West, Unit 100, Toronto, Ontario M5V 1T4 (the “Establishment”).

3The Liquor Licence contains a number of conditions including condition 14 that requires sales and service of alcohol on the patio area of the Establishment to end at 10:15 p.m. on Sunday to Thursday and at 12:15 a.m. on Friday and Saturday.

4The applicant has applied under Section 14(2) of the Liquor Licence Act, R.S.O. 1990, c. L. 19 (the “Act”) for the removal of condition 14.

5The business of the applicant has been negatively affected by the closure of the establishment and the subsequent occupancy and related restrictions variously imposed in response to the Covid-19 pandemic. The applicant has requested the removal of condition 14 in order to “maximize the patio’s operational times to increase its chances of surviving the pandemic.”

6The applicant acquired the Establishment about two years ago. Condition 14 was included in the Liquor Licence at the time of acquisition.

7Counsel to the AGCO indicated that condition 14 was added to the Liquor Licence in connection with the previous owner’s application to have the patio area of the Establishment licensed. The condition was imposed in response to an objection received from the public relating to the patio licensing application.

8We discussed the need to show that there has been a change of circumstances under s. 14(2) of the Act. The applicant’s representative indicated that there have been two changes of circumstances, namely:

a. The change of ownership of the Establishment approximately two years ago; and

b. The current Covid-19 pandemic and the associated occupancy and related regulatory restrictions imposed on the applicant’s business as a result of the pandemic.

9The representative of the applicant indicated that it would be desirable for the patio to be permitted to remain open until 1 a.m. daily until the later of November 1, 2020 or such time as all of the provincially-imposed occupancy and related regulatory restrictions imposed on the applicant’s business as a result of the pandemic are lifted.

10Counsel to the respondent undertook to seek instructions with respect to this matter.

11Counsel to the respondent received instructions from her client who agreed that there had been a change of circumstances and indicated that condition 14 could be removed in its entirety. Counsel requested a consent order to formalize this change to the Liquor Licence.

THE TRIBUNAL ORDERS as follows:

Removal of Condition

12Effective August 6, 2020, Condition 14 is removed from the Liquor Licence and the Registrar is directed to take such further steps as may be necessary to fully effect the removal of such condition.

13The appeal in this matter shall be withdrawn and the file is closed.