Licence Appeal Tribunal File Number: 15855/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:
Trillium Resort & Spa
Appellant
and
A Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019
Respondent
CONSENT ORDER
VICE-CHAIR: Geneviève Painchaud
APPEARANCES:
For the Appellant: Stephanie Dionne, Self-represented Robert Henry, Self-represented
For the Respondent: Jordan Stewart, Counsel Brian Haddad, Counsel
CONSENT ORDER
1Trillium Resort & Spa (the “appellant”) brings this application to remove a condition from its liquor 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 May 13, 1992, by the Liquor Licence Board of Ontario (“Board”) imposing conditions on the appellant’s liquor licence that the licenced interior areas not exceed 80 seats and the outdoor areas not exceed 20 seats.
4Subsection 11(4) of the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22 permits me to remove conditions if, on an application to remove a condition from a licence, I find there is a change in circumstances.
5The parties jointly submitted that there has been a change in circumstances since this condition was imposed in 1992. There has been a public notice placard process that took place and there were no objections received, the conditions are dated, the establishment has a different operator, and the Registrar has not had any issues reported.
6I 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:
All licenced interior areas not exceed 80 and the outside patio not exceed 20.
7The Tribunal file is closed.
Released: September 6, 2024
Geneviève Painchaud Vice-Chair