Liquor License Restrictions

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Law of the Land: Safari Bar and Grill Inc., 2008


No matter what kind of law you practice, brushing up on your geography skills can help you quickly get to the root of land based legal research. Read below to see how mapping and aerial imagery is being utilized in Canadian law:

Related: Law Of The Land

Application To Remove Liquor License Restrictions: Safari Bar and Grill Inc., 2008

The liquor license application process involves hearing the feedback and objections of local residents who do not want the character of their neighbourhood to be degraded by an increase in alcohol visibility, noise, traffic and parking issues.

 

Overview


Safari Bar and Grill has operated without any liquor violations or complaints from local residents for many years. At the time they were first granted a liquor license, a bylaw prevented them from serving alcohol on their outdoor patio, as the neighbourhood was considered too residential at the time. The bylaw was changed, and newer businesses with patios were permitted to serve alcohol outdoors. Safari applied for removal of their liquor license restriction, citing a competitive disadvantage. Before the the application could be approved, local residents' objections related to possible noise and public intoxication had to be considered first.

Outcome


The application was approved. Safari overcame the objections by demonstrating service on their patio was unlikely to degrade the character of the neighbourhood.

How Were Maps And Aerial Imagery Used In This Case?


The establish quantifiable facts of geography.

Quantitative Analysis

The applicant was able to demonstrate by measuring distances over aerial imagery that the closest residential neighbour to his patio was more than twice the distance away compared to the distance between the nearest residential neighbour and the patio of a similar business a few blocks away.

Municipal objections to serving liquor on the patio were no longer an issue. Safari overcame the objections of residents by demonstrating the hesitations about potential noise problems were based on perceptions, not reality.

Related: Top Three Ways Location Intelligence Helps Lawyers

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