1507342 Ontario Inc. o\a 2 Cats v. Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, 2020 CanLII 94747

Licence Appeal Tribunal

Date: 2020-11-16

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

Between:

1507342 Ontario Inc. o\a 2 Cats

Applicant

-and-

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

Respondent

DECISION and CONSENT ORDER

ADJUDICATOR:

Katherine Livingstone, Member

APPEARANCES:

For the Applicant:

Scott Manicom, Representative

For the Respondent:

Rena Khan, Counsel

Heard by Teleconference

November 05, 2020

Introduction

1The applicant,1507342 Ontario Inc. operating as 2 Cats, is an establishment in Toronto. By written application dated October 15, 2020 the applicant requested the removal of one of the conditions of its liquor licence # 809671, 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 applicant seeks the removal of the following condition:

#11 Prior to the submission of any application to transfer the liquor licence, the licence holder shall notify Ms. Eya Donald Greenland in writing and, should Ms. Greenland not be available to be notified, then the residents that have submitted

letters objecting to the issuance of this liquor licence shall be notified in writing by letter delivered by regular mail.

3This condition was placed on the licence after a public hearing in the fall of 2002.

Issue

4The issue I am deciding is whether there has been a change in circumstances such that the condition in question on the applicant’s liquor licence is no longer proper and necessary to give effect to the purpose of the Act.

Law

5Subsection 14(2) of the Act permits the Tribunal to remove a condition(s) if, on an application to remove a condition from a licence, the Tribunal finds there is a change in circumstances.

Analysis

6On November 5, 2020 a telephone case conference took place at which time I heard from both the applicant and the respondent.

7The applicant’s advised he recently had undertaken efforts to mail Ms. Greenland and the other parties who had initially objected to the licence, relying on their addresses from 2002. In response to those letters he was advised the objecting parties had moved from the premises some time ago. In particular, Ms. Greenland had not resided at the residence in question since 2003.

8The applicant advised he reached out to an eligibility officer employed by the respondent to obtain new addresses for the objectors however he advised by the officer they only had the original addresses.

9In his application to remove the condition the applicant provided copies of correspondence with respect to his attempts to contact the objectors.

10The respondent, after reviewing the material filed, took the position there had been a change in circumstances sufficient to warrant the removal of the condition as the objectors who initially objected no longer lived in the area. Additionally, the respondent submitted the removal was also warranted as the respondent no longer seeks to put this type of condition on a liquor licence.

11Both 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.

12Having reviewed the application and the other documents submitted by the applicant and the Registrar of the Alcohol and Gaming Commission of Ontario, and having considered their submissions, I concluded there has been a change of circumstances in that:

a. The persons who objected to the granting of the licence no longer live in the area.

b. The condition in question is not one the respondent now seeks to include as a condition on a liquor licence.

13I orally advised the parties of my decision and said a written decision and order would be forthcoming.

Order

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

#11 Prior to the submission of any application to transfer the liquor licence, the licence holder shall notify Ms. Eya Donald Greenland in writing and, should Ms. Greenland not be available to be notified, then the residents that have submitted

letters objecting to the issuance of this liquor licence shall be notified in writing by letter delivered by regular mail.