Powerhouse Corporation appealed a Licence Appeal Tribunal (LAT) decision granting it a liquor licence but imposing a condition prohibiting outdoor amplified music at its Cabana pool bar.
The City of Toronto cross-appealed, arguing the licence should have been refused entirely because Powerhouse's application was an abusive attempt to circumvent existing noise conditions on the venue's prior licence.
The Divisional Court dismissed both appeals.
The Court held the LAT correctly interpreted its limited jurisdiction under s. 6(2)(h) of the Liquor Licence Act and properly applied an objective standard to assess noise disturbances affecting Toronto Island residents.
The Court also rejected Powerhouse's procedural fairness arguments regarding an incomplete hearing transcript and alleged lack of notice.
