Licence Tribunal

Appeal d'appel en

Tribunal matière de permis

DATE:

2014-06-13

FILE:

8798/LLA

CASE NAME:

8798 v. Registrar of Alcohol and Gaming

Appeal from the Notice of Proposal of the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19 - to Review an Application for a Licence

Compass Group Canada Ltd. o/a TD Place

Appellant

-and-

Registrar of Alcohol and Gaming

Respondent

-and-

Michael Vickers

Added Party

DECISION AND ORDER

ADJUDICATORS:

Douglas Wallace, Vice Chair

Keith Penner, Member

APPEARANCES:

For the Appellants:

Antonio di Domenico, Counsel

For the Respondent:

Joyce Taylor, Counsel

For the Added Party/Objector:

Self-represented

Heard in Ottawa :

May 23, 2014

REASONS FOR DECISION

BACKGROUND

The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act, (the “Act”) issued a Notice of Proposal, number 20313 dated April 22, 2014 regarding an application for a new Liquor Sales Licence by Compass Group Canada Ltd. o/a TD Place, on the basis that the Registrar has received one or more written objections to the application. The Tribunal conducted a hearing as required by the Act on May 23, 2014 and, noting the urgency of the matter due to the imminent commencement of the football season, granted an oral order directing the Registrar to issue the licence. These are the reasons for that decision.

FACTS

The Appellant applied with its partner, Lansdowne Stadium Limited Partnership, for a new liquor sales licence authorizing the sale of liquor in the indoor and outdoor areas in the premises known as TD Place, formerly known as the Ottawa Civic Centre. TD Place will be the home of the Canadian Football League (CFL) franchise which is returning to Ottawa for the 2014 football season.

The Added Party did not give evidence but referred to his filed Objection. He has lived in the residential area adjacent to the premises now known as TD Place for some 40 years. He objects to the issuance of the licence out of a concern that the Appellant has not made sufficient provision to mitigate the risks and possibility of public disturbance for local residents. These concerns arise as a result of observing instances of anti-social behaviour in the surrounding area on occasions where large licenced events were held in the premises now known as TD Place.

The Registrar took no position on the merits of the application.

The Appellant filed a Book of Documents and called three witnesses: Mark Goudie, Chief Operating Officer, Lansdowne Stadium Ltd. Partnership, Jeff Bell, Vice-President, Operations, Compass Group Canada Ltd., and Ernest Russell, a director with the Glebe Business Improvement Area and Vice-Chair of the Lansdowne Development Committee.

Mr. Goudie indicated that in his role as Chief Operating Officer of the Limited Partnership, he managed the Request for Proposals which resulted in the choice of the Compass Group as the food and beverage provider at TD Place. The choice of Compass Group was based on its extensive and successful experience in providing food and beverage services in the UK, USA and Canada. Mr. Goudie also took part in the Request for Proposals relating to security services at TD Place. The firm chosen (Securitas Canada), was created in 2001 and now has over 9,000 employees providing security services nationwide from 25 branches across Canada. It will work with AwareManager, a company providing text-based facility management services in many locations throughout the world, including major sports facilities such as those at Spots Authority Field for the Denver Broncos and the Los Angeles Dodger stadium. It was Mr. Goudie’s evidence that the food and beverage experience was an essential feature that keeps bringing fans to sporting events rather than at home watching games on T.V.

Jeff Bell has been in the food and beverage business for over 25 years, including a number of years as manager of a five star hotel and 10 years immediately prior to joining Compass Group in 2004 as Vice-President of Operations at the Toronto Skydome. Since joining the Compass Group, Mr. Bell has overseen the food and beverage services at such places as the Bell Centre, McGill University and the Ontario Science Centre. Compass has had no liquor licence violations since its entry into Canada and relies on an adequate number of highly trained staff to ensure that all requirements for safe alcohol consumption are met. As well as the training provided by Smart Serve, Mr. Bell has ready access to the on-line and on location training provided by Levy Restaurants, a related company.

Ernest Russell operates a leisure wear clothing business on Bank St. within a mile from the TD Place and is familiar with the development taking place at Lansdowne Park, having been the B.I.A. representative on the development committee. Although some members of the business community opposed parts of the retail component of the development plan in its early stages, no concerns were ever raised with respect to the liquor licence and the B.I.A. now fully supports the current application. Indeed, Mr. Russell concurs in Mr. Goudie’s opinion that a liquor licence is important to ensure the success of the development.

THE LAW

An applicant is entitled to the issuance of a licence to sell liquor pursuant to subsection 6 (2) of the Liquor License Act except if

(h) the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located.

ISSUE

The sole issue is whether the Objector has shown, on the balance of probabilities, that the issuance of this licence is not in the public interest. To determine this issue the Tribunal is directed to have regard to the needs and wishes of the residents of the municipality.

APPLICATION OF LAW TO FACTS

The Tribunal accepted the submissions of Counsel for the Appellants that there was no evidence of a causal connection between alcohol being served in these premises and the acts of rowdiness observed in the past by the Objector. Although it is likely that the observed incidents were fueled in part at least by alcohol, there are many other licensed bars and restaurant in the immediate vicinity which could, and in all probability would, provide the fuel necessary for disorderly conduct.

The Tribunal was satisfied that the very comprehensive steps proposed by Mr. Bell to control drinking will ensure that public disturbance to local residents is kept to a minimum. These steps include trained security forces provided by Securitas and the Ottawa Police Services if necessary to prevent alcohol coming into the park and rowdiness in the stands; the implementation of AwareManagement communications between patrons and staff and, of course, staff properly trained by Levy and Smart Serve.

Only one Objector appeared before the Tribunal at this hearing. His concerns are largely speculative. The Tribunal heard from Mr Russell that the local BIA supports this application. Weighing the evidence before it, the Tribunal was not satisfied on the balance of probabilities that the issuance of this licence would be contrary to the public interest.

ORDER

Pursuant to the authority vested in it under the section 23(10) of the Act, the Tribunal directs the Registrar to issue the liquor licence to the Appellant.

LICENCE APPEAL TRIBUNAL

Douglas R. Wallace, Vice-Chair

Keith Penner, Member

Released: June 13, 2014