This is an appeal to the Licence Appeal Tribunal based on facts indicating that the Appellant, Vikram Subramanian, had applied for a liquor sales licence and was denied by the Respondent claiming ineligibility for a licence under the Liquor Licence and Control Act due to past criminal conduct.
In the required Disclosure Report submitted with his licence application, the Appellant indicated that he had previously been charged with sexual assault from an incident in 2020 (pending trial), as well as two counts of assault, forcible confinement, criminal harassment, uttering threats to cause death, and cruelty to animals from July 2022. Part of the release order conditions from this incident were that he not possess or have care or control of an animal, which he breached in September 2023.
The Appellant pled guilty to the two counts of assault and was granted a conditional discharge with one-year probation and the other charges were withdrawn. He also had driving infractions and two licence suspensions for unpaid fines.
The tribunal concluded “that it is reasonable for this Tribunal to draw a nexus between his past behaviour and his ability (or lack thereof) to adhere to the rules and regulations which are imposed by virtue of possessing a valid liquor sales licence” (para.17) and agreed with the Respondent “that his conduct does indicate a repeated pattern of behaviour which displays not only a disregard for compliance with rules and regulations, but also with the wellbeing of others” (para. 18), leaving no reasonable alternative but to refuse the liquor licence. The decision from the Alcohol and Gaming Commission of Ontario to refuse the liquor licence application was upheld.
https://canlii.ca/t/k79gd