11391585 Canada Inc. o/a Moulin in the Park v. Registrar, 2021 CanLII 144694

Date: 2021-01-29

Appeal from a Notice of Proposal of the Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, c. 26, Sched. to Review an Application for a Liquor Sales Licence under ss. 8(4)(b) and 21(1) of the Liquor Licence Act, R.S.O. 1990, c. L.19

Between:

11391585 Canada Inc. o/a Moulin in the Park

Appellant

and

Registrar, under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

Respondent

and

Wendy Myers, Jane Bower and Magda Kubasiewicz

Added Parties

ORDER

Order Made by: Jennifer Friedland, Member

Date of Order January 29, 2021

Appearances:

For the Appellant: Ainslie Dunstone, agent For the Respondent: Rena Khan Counsel For the Added Paries: Wendy Myers, Jane Bower and Magda Kubasiewicz

OVERVIEW

1This was an appeal of a proposal brought by the Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act to review the appellant’s application for a liquor sales licence, pursuant to sections 8 (4) (b) and 21 (1) of the Liquor Licence Act.

2The appellant, 11391585 Canada Inc., operating as, or intending to operate as, Moulin in the Park, had applied for a liquor sales licence in relation to a concession-style bistro to be operated by the appellant in Patterson Creek Park East in Ottawa, Ontario. The land is owned by the National Capital Commission (NCC).

3The proposal met with significant objection from a number of neighbourhood residents. It was on the basis of those objections that the Deputy Registrar issued its proposal and the matter wound its way for a determination before this Tribunal – the question being whether the issuance of the licence was in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located.

4A hearing commenced before me on November 3, 2020 and continued on November 4, 5, 6, 9, 13 and 25. It was to continue on January 25, 2021 however at the resumption of the hearing, the parties informed the Tribunal that two of the three added parties (Ms. Myers and Ms. Bower) had signed an agreement with the appellant and the NCC in consideration for which they were withdrawing their objection to the licence (“the side agreement”).

5The third added party, Ms. Kubasiewicz, is not a party to the side agreement, but has advised that as a result of the side agreement she is withdrawing from any further participation in the appeal.

6The Registrar is not a party to the side agreement.

7The side agreement addresses some of the concerns raised by the objectors, including, but not limited, to location and size of the bistro; hours of operation; restrictions regarding noise, lighting, and cooking on the premises; constraints on introducing additional structures on the property; and park maintenance. The NCC representative who attended throughout the hearing advised that the agreement will be available to the public through an access to information request.

8On the basis of there being no objectors intending to pursue their objections before this Tribunal, the Registrar has agreed to withdraw its proposal and to issue the liquor sales licence on the conditions agreed to below. The appellant will also withdraw his Notice of Appeal.

9The terms reflected in the side agreement do not form part of this order and are not attached to the conditions of the liquor sales licence.

THE TRIBUNAL ORDERS ON CONSENT:

10The Registrar is directed to approve a liquor sales licence for the premises located at 298 Queen Elizabeth Drive, Ottawa, Ontario, K1S 3N4, with the following conditions:

a. There shall be no music on or directed towards the outdoor licensed area. The Licensee shall post a telephone number and e-mail address for residents to register concerns or complaints.

b. The telephone number will normally be answered by a staff member during the Licensee’s published hours of operation. The telephone number will be equipped with a functioning message service for those periods when the Licensee’s staff is otherwise occupied and when the establishment is closed.