Andrew Dobson

The Appellant, operator of Rebel and Cabana Pool Bar, appealed a Notice of Proposal by the Registrar to attach nine new conditions to its liquor licence, including a ban on outdoor amplified music, and a Notice of Proposal refusing to remove existing conditions.

The Tribunal found that while noise from the premises had disturbed nearby Toronto Island residents, a complete ban on outdoor amplified music was disproportionate given the Appellant's recent successful noise mitigation efforts and the implementation of a new decibel-based municipal noise by-law.

The Tribunal ordered the removal of several subjective and unenforceable conditions, replacing them with objective, decibel-based sound monitoring requirements aligned with the municipal by-law, while adding other conditions to address community concerns.

The appellants appealed the Township's passing of a site-specific zoning by-law amendment intended to facilitate the construction of a grain milling, seed-cleaning, and blending facility on prime agricultural land.

The appellants argued that the proposed use was industrial and did not conform to the applicable official plans or constitute an agriculture-related use under the Provincial Policy Statement.

The Tribunal found that the official plans, as amended by site-specific amendments passed after the by-law, applied to the analysis and that the Clergy principle did not operate to restrict the Tribunal to former policies.

The Tribunal concluded that the proposed facility constituted an agriculture-related use, conformed to the amended official plans, and was consistent with provincial policies.

The appeal was dismissed.