Dr. David Roberts

The appellant, operator of Rebel and Cabana Pool Bar, appealed the Registrar's proposals to add new conditions and refuse the removal of existing conditions on its liquor licence, primarily concerning outdoor noise that disturbed Toronto Island residents.

The Tribunal found that while noise had disturbed residents, the appellant's recent implementation of a cardioid speaker system and sound monitoring, along with the City of Toronto's new objective decibel-based noise by-law, constituted a change in circumstances.

The Tribunal rejected the Registrar's proposed condition to ban all outdoor amplified music, finding it disproportionate.

Instead, the Tribunal removed the subjective 'inaudibility' conditions and replaced them with objective decibel limits and mandatory sound monitoring, while adding conditions regarding capacity, community communication, and notification of future applications.

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.