Application by a Licensee under s. 14 of the Liquor Licence Act, R.S.O. 1990, c. L.19 to Remove a Condition
Between:
1173799 Ontario Ltd. o/a The Sandbar Applicant
-and-
Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, Respondent
DECISION
ADJUDICATOR: Laura Hodgson, Member
APPEARANCES:
For the Applicant: Danny Pozeg, Owner
For the Respondent: Rena Khan, Counsel
Heard by Teleconference: September 22, 2021
Background
1The applicant operates a licensed establishment in Wasaga Beach, Ontario. The applicant requests the removal of two conditions of its liquor licence (no. LSL803286). The Request is made pursuant to section 14(2) of the Liquor Licence Act (the "Act") on the grounds that there has been a change in circumstances.
2The conditions on the applicant's license are as follows:
- No live music or DJ's will perform on the patio. The only music permitted on the patio is soft background music.
- There will be no dancing or parties held on the patio.
3These conditions were placed on the licence in 2011 following a public management case conference held by the Alcohol and Gaming Commission of Ontario (AGCO). The conditions were agreed upon by the applicant and an individual who objected to the licence.
4The applicant told the Tribunal that the person who objected to the licence had owned a pizza restaurant in the community. This individual no longer owns this business.
5Further, due to Covid-19 restrictions, the serving area in the applicant's establishment is mostly limited to the outdoor patio. The applicant noted that his establishment is located on a 'commercial strip' and that, to his knowledge, other businesses are not subject to the same conditions. According to the applicant, the conditions are somewhat ambiguous and can be difficult to follow. As an example, he queried whether the condition prohibiting parties meant that patrons could not celebrate a birthday on his patio.
6The Registrar of the AGCO took no position on the applicant's request to remove the conditions. The Registrar did confirm that the individual who initially objected to the licence no longer owns the restaurant that she did at the time of the objection. The Registrar also indicated that the language of the conditions at issue is no longer used by the AGCO. She noted that the wording of these conditions can raise enforceability issues (e.g., is swaying to music considered dancing?).
Law and Analysis
7The Tribunal must decide whether there has been a change in circumstances such that the conditions are no longer necessary to give effect to the purpose of the Liquor Licence Act, R.S.O. 1990, c. L.19 (the "Act").
8This Tribunal has reviewed the application submitted. The submissions of both parties have been considered. The Tribunal concludes there has been a change in circumstances and the conditions are not necessary to give effect to the Act.
9Ten years have elapsed since the imposition of the conditions. The individual who objected to the licence in 2011 no longer owns the business that she did at that time. More significantly, Covid-19 restrictions have impacted the applicant's establishment and patrons are now mostly limited to the patio area. Other establishments in the vicinity are not subject to the same limits. There has been a change in circumstances and the conditions, noted by parties to be outdated and ambiguously worded, are no longer necessary.
Order
10Consequently, pursuant to s. 14(2) of the Act, the Tribunal orders that the following conditions, currently attached to the applicant's liquor licence, be removed:
- No live music or DJ's will perform on the patio. The only music permitted on the patio is soft background music.
- There will be no dancing or parties held on the patio.
LICENCE APPEAL TRIBUNAL
Laura Hodgson
Released: October 14, 2021