The Dragon BBQ Bar v. Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, 2026 CanLII 2282

Licence Appeal Tribunal

File Number: 17828/LLCA

Application for the removal of conditions pursuant to section 11(4) of a licence under the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sch. 22 (the “Act”).

Between:

The Dragon BBQ Bar

Appellant

and

Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019

Respondent

DECISION and ORDER

VICE-CHAIR: Kevin Kovalchuk

APPEARANCES:

For the Applicant: Dion Vassos, Counsel

For the Respondent: Jordan Stewart, Counsel

Heard by teleconference: December 17,2025

OVERVIEW

1On October 3, 2025, Dragon BBQ Bar (“the appellant”) applied under s. 11(4) of the Liquor Licence and Control Act, 2029, S.O. 2019, c.15, Sched. 22 (the “Act”), for removal of conditions attached to the applicant’s licence issued under the Act.

2The appellant’s position is that there is a change in circumstances that is sufficient to warrant removal of the following liquor licence conditions (“the conditions”) as documented within the Liquor Sales Licence LSL1394583 issued August 11, 2025.

1. Service of alcohol shall cease no later than 11:00 p.m.
2. There shall be no live entertainment on the premises which includes, dancing, karaoke, or any live music or bands.
3. The main entrance door shall be kept closed at all times except for the ingress and egress of patrons.
4. Signage shall be placed inside the main entrance door so that it is visible to patrons when leaving. The sign will ask patrons to be respectful of the neighbours/neighbourhood.

3The respondent does not oppose the removal of conditions 1, 2, and 3, due to a change in circumstances.

4Subsection 11(4) of the Act allows the Tribunal to remove a condition that the Tribunal has previously imposed if it is satisfied there is a change in circumstances justifying the removal of the condition. The appellant has the onus of demonstrating, on a balance of probabilities, that a change in circumstances justifies the removal of a condition.

5The Tribunal may consider and determine whether a change in circumstances justifies a removal of a condition, at a case conference event of the Tribunal.

6This case conference is constituted under Rule 21 of the Licence Appeal Tribunal Rules, 2023 (the “Rules”) and all other Tribunal Rules apply except to the extent varied or negated by the provisions of Rule 21.

7At the case conference, both the appellant and the respondent consented to me, as the case conference adjudicator, making the decision on whether there has been a change in circumstances.

8I find on a balance of probabilities that the appellant has met its onus in demonstrating that the change in circumstances of its establishment justifies the removal of conditions, 1, 2, and 3.

ISSUE:

9The issue to be determined is:

a. Is there a change in circumstances such that conditions 1, 2, and 3, are no longer appropriate?

RESULT:

10Conditions 1, 2, and 3 shall be removed from the appellant’s licence. Condition 4 shall remain on the appellant’s licence.

ANALYSIS:

Change in Circumstances

11I find on a balance of probabilities that the appellant has met its onus in demonstrating that the change in circumstances of its establishment justifies the removal of the conditions.

12The conditions were imposed on a previous Licensee, on April 24, 2009, when the establishment was operating as an unrelated business, known as Fu Jian Seafood Restaurant inc.

13The conditions were imposed over sixteen years ago after the Alcohol and Gaming Commission of Ontario (“AGCO”) received one or more written objections to the application of the previous licensee.

14In 2024, the previous Licensee ceased operations and transferred the liquor licence to the appellant.

15Counsel for the respondent advised the Tribunal that a case conference originally scheduled for November 17, 2025, was adjourned in order for the respondent to seek public input on the issue of removal of the conditions.

16Counsel for the respondent advised the Tribunal that as a result of public notices being placed, there were no concerns raised by the public about the removal of the conditions except for condition 4 that signage be maintained to remind patrons that when leaving the premises they are respectful of the neighbours and the neighbourhood.

17Because the conditions were imposed over sixteen years ago, the previous Licensee ceased operations and transferred the liquor licence to the appellant and because there were no concerns raised by the public about the removal of the conditions except for condition number 4, I am satisfied that the removal of the conditions will not be contrary to the public interest.

18The respondent submits that it does not oppose the removal of the conditions 1, 2 and 3 due to a change in circumstances but did oppose the removal of condition number 4. The appellant agreed that conditions 1, 2 and 3 would be removed but that condition 4 would be maintained. The appellant withdrew its request with regards to condition 4.

Conclusion

19For the reasons outlined above, I find on a balance of probabilities that the appellant has met its onus in demonstrating that the change in circumstances, specifically conditions 1, 2, and 3.

ORDER

20Pursuant to section 11(4) of the Act, I order the following conditions be removed from the licence:

1. Service of alcohol shall cease no later than 11:00 p.m.
2. There shall be no live entertainment on the premises which includes dancing, karaoke, or any live music or bands.
3. The main entrance door shall be kept closed at all times except for ingress and egress of patrons.

21Condition number 4, that signage shall be placed inside the main entrance door so that it is visible to patrons when leaving and that the sign will ask patrons to be respectful of the neighbours/neighbourhood will not be removed from the licence.