JKTN Lee’s Palace Inc. o/a Lee’s Palace v. Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, 2025 ONLAT LLCA 16722
Licence Appeal Tribunal File Number: 16722/LLCA
Application for the removal of a condition in a licence under the Liquor Licence Control Act, 2019. S.O. 2019 c15, Sched. 22, pursuant to s. 11(4).
Between:
JKTN Lee’s Palace Inc. o/a Lee’s Palace
Appellant
And
Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019
Respondent
DECISION AND ORDER
VICE-CHAIR: Geneviève Painchaud
APPEARANCES:
For the Appellant: Travis Newman, Corporate Director Jerry Levitan, Counsel
For the Respondent: Brian Haddad, Counsel
Held by teleconference: May 5, 2025
BACKGROUND
1JKTN Lee’s Palace Inc. o/a Lee’s Palace (the “appellant”) has applied to the Tribunal for the removal of a condition with respect to Liquor Sales Licence number LSL 1364783 pursuant to s. 11(4) of the Liquor Licence Control Act, 2019, S.O. 2019, c. 15, Sched. 22 (the “Act”).
2The subject condition was imposed by the Ontario Liquor Licence Board (“OLLB”) in a decision released April 25, 1997. Applications to remove conditions imposed by the OLLB are now under the jurisdiction of the Licence Appeal Tribunal (the “Tribunal”), as the OLLB’s authority has transferred to the Tribunal.
3The appellant’s position is that there is a change in circumstances that is sufficient to warrant removal of the following liquor licence condition:
a. No minors, except as performers, shall be allowed on the premises after 7:00 p.m.
4The respondent consents to the removal of the condition due to a change in circumstances.
ISSUE IN DISPUTE
5The issue to be decided at the hearing is:
a) Is there a change in circumstances such that the condition in the appellant’s liquor licence is no longer appropriate, namely the condition prohibiting the presence of minors on the premises after 7 p.m., except as performers?
ANALYSIS
6As per s. 11(4) of the Act, the Tribunal may, on the application of a licensee, remove a condition that the Tribunal has imposed if the Tribunal is satisfied that there is a change in circumstances such that the condition is no longer appropriate, and, if it decides not to remove the condition, it shall direct the Registrar to issue a proposal to refuse to remove the condition. While this condition was imposed by the OLLB, consideration of its removal is now under the jurisdiction of the Tribunal.
7The parties jointly submitted to the Tribunal a Consent Agreement signed April 24, 2025, for the removal of the condition due to a change in circumstances.
8The appellant submits that the condition was initially imposed 28 years ago along with a disciplinary suspension order. That order was imposed due to an infraction rather than as a public interest measure. However, the current licensee is unrelated to the previous licensee who received the suspension order. I find that the passage of time and the fact that this condition was due to a disciplinary issue relating to a different licensee establishes a change in circumstances.
9The appellant also argues that the arts and venues scene has drastically changed over the past 28 years and that its competitors do not have a limitation on minors as minors are the intended audience of many of their performances. This condition puts it at a competitive disadvantage. I find that the appellant has demonstrated the competitive disadvantage impacting it due to the change of the type of events to those aimed at a minor audience, which is a change in circumstances.
10Also, the parties agree that the current operator of the venue does not have any disciplinary issues.
11Together, these changes in circumstance are such that the condition is no longer appropriate.
12I am satisfied that the appellant has demonstrated a change in circumstances such that the condition prohibiting the presence of minors on the premise after 7 p.m. is no longer appropriate.
ORDER
13For the reasons set out above and pursuant to s. 11(4) of the Act, I order the removal of the following condition on the appellant’s licence:
a. No minors, except as performers, shall be allowed on the premises after 7:00 p.m.
LICENCE APPEAL TRIBUNAL
Geneviève Painchaud
Vice Chair
Released: May 23, 2025