Licence Appeal Tribunal File Number: 16044/LLCA-s11
In the matter of an application under Section 11(4) of the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22 to remove a condition.
Between:
14042638 Canada Inc. o/a Limestone Lanes
Appellant
and
Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019
Respondent
CONSENT ORDER
VICE-CHAIR:
Colin Osterberg
APPEARANCES:
For the Appellant:
Michael Conley, President of Appellant
For the Respondent:
Brian Haddad, Representative
HEARD: August 20, 2024
CONSENT ORDER
1The appellant, 14042638 Canada Inc. o/a Limestone Lanes, brings this application to remove a condition from its Liquor Sales Licence.
2The respondent, Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 (“Registrar”) consents to the removal of the condition.
3The condition in question was placed on the subject licence on December 31, 1991 by the Board of the Alcohol and Gaming Commission (“Board”) which was the predecessor of the Licence Appeal Tribunal in terms of appeals relating to the imposition and removal of certain conditions under liquor licencing legislation in Ontario.
4The subject condition provides that the appellant’s liquor licence is restricted to the sale of liquor to certain classes of purchasers set out under regulation.
5The parties advise that the condition is no longer consistent with the current legislative scheme and is not enforceable by the Alcohol and Gaming Commission.
6Section 11(4) of the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22 (the “Act”) provides that the Tribunal may remove a condition that the Tribunal has imposed if the Tribunal is satisfied that there is a change in circumstances justifying the removal of the condition. For the reasons set out in the Tribunal decision in 13165272 Canada Inc. v. Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, 2022 CanLII 68314, I find that the Tribunal has jurisdiction to remove conditions imposed by the Board.
7I am satisfied that there has been a change in circumstances justifying removal of the subject condition and, on consent of the parties, order that the following condition be removed from the appellant’s liquor licence:
The sale of liquor is restricted to those persons as permitted under Section 112 of Ontario Regulation 719/90 made under the Liquor Licence Act, 1990
8The Tribunal file is closed.
Released: August 20, 2024
__________________________
Colin Osterberg
Vice-Chair