The Licensee appealed an Order of Monetary Penalty issued by the Registrar for alleged violations of section 46 of O. Reg. 719/90, which prohibits permitting noise from the premises to disturb nearby residents.
A neighbouring condominium resident complained of loud music from the establishment's patio on two occasions.
The Board found that on the first occasion, an uninvited busker played acoustic guitar and was promptly asked to leave by staff, meaning the Licensee did not permit the noise.
On the second occasion, evidence established that the patio was closed, the outdoor speakers were broken, and the weather was extremely cold, making it unlikely the noise emanated from the premises.
The Board dismissed the allegations and set aside the $2,400 monetary penalty.