Licence Appeal Tribunal
FILE: 9793/LLA and 9958/LLA
CASE NAME: 9793;9958 v. Registrar of Alcohol and Gaming
Appeal from the Notices 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 and to Refuse to Remove Conditions from a Licence
Ontario Beer Company Ltd. o/a Duggan's Brewery Parkdale Appellant
-and-
Registrar of Alcohol and Gaming Respondent
-and-
City of Toronto Added Party
CONSENT ORDER
ADJUDICATOR: Jacqueline Castel, Member
APPEARANCES:
For the Appellant: Michael Duggan, Agent
For the Respondent: Tamara Brooks, Counsel
For the Added Party: Mark Crawford, Counsel
Heard by teleconference: February 19, 2016
ORDER
A hearing was held in this matter on February 19, 2016 before this Tribunal in the presence of Michael Duggan, Agent for Ontario Beer Company Ltd. operating as Duggan’s Brewery Parkdale (the “Appellant”), Tamara Brooks, Counsel, representing the Registrar of Alcohol and Gaming (the “Registrar”) and, Mark Crawford, Counsel, representing the Added Party.
At the beginning of the hearing, Mr. Crawford filed Minutes of Settlement (the “Settlement”) between the Appellant and the Added Party, attached hereto as Schedule “A”. Ms Brooks advised the Tribunal that the Registrar is in agreement with the Settlement.
Accordingly, the Tribunal orders:
The Registrar shall issue a liquor licence (the “Licence”) for the expanded area of the Duggan’s Brewery Parkdale (the “Premises”) to the Appellant for additional indoor area (135 patrons to 164 patrons) and for new outdoor area (54 patrons).
The Registrar shall remove conditions 2, 5, 11, 12 and 13 from the Licence, and shall leave conditions 1 and 4 on the Licence unchanged.
The Registrar shall add the following two conditions to the Licence:
a) There shall be no amplified sound on the outdoor patio.
b) The outdoor patio shall be closed and cleared of patrons and staff by 11 p.m. daily
Further, and not forming part of the conditions to be attached to the Licence or part of the Order of the Tribunal, the Appellant and the Added Party have agreed that the Appellant will:
provide the Added Party with a copy of the Licence as issued;
notify the local Councillor if the Appellant, or its successor, makes an application to the Registrar or the Tribunal for any of the following:
to remove any of the conditions to the Licence;
to extend the hours of service for the Premises; or
to transfer the liquor sales licence.
LICENCE APPEAL TRIBUNAL
Jacqueline Castel, Member
Released: February 26, 2016