DECISION AND ORDER
Appeal from a Notice of Proposal to Review an Application for a Liquor Licence under the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22
Between:
Carlos Robert Zelaya o/a Clandestino Applicant
and
Registrar as defined in subsection 1 (1) of the Alcohol and Gaming Commission of Ontario Act, 2019 Respondent
and
Municipality of Leamington Objector/Added Party
ADJUDICATOR: Stephen Scharbach, Member
APPEARANCES:
For the Applicant: Mark Gebriel, Paralegal For the Respondent: Rena Khan, Counsel For the Objector/Added Party: Jameson Pritiko, Counsel
A. Overview
1Carlos R. Zelaya (“applicant”) applied to the Alcohol and Gaming Commission of Ontario (“AGCO”) for a liquor sales licence under the Liquor Licence Act (“LLA”), for premises he intends to operate at 19 Erie St. N. in the Municipality of Leamington. His application was continued under the Liquor Licence and Control Act, 2019, S.O 2019 c. 15, Sched. 22 (“LLCA”) when the LLA was repealed on November 29, 2021.
2The Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 (“Registrar”) received an objection to the application from the Municipality of Leamington (“Leamington”). Leamington objects because according to it, the applicant is acting in concert with another person who has operated licensed premises in Leamington and has a significant history of non-compliance.
3According to Leamington, the involvement of that other person makes it likely that if granted a licence, the applicant’s premises will be operated in a way that endangers public safety and is not complaint with the law.
4After considering that objection, the Registrar issued a Notice of Proposal to Review the application and pursuant to that notice, the applicant requested a hearing before this Tribunal.
5The purpose of the hearing is to give the parties an opportunity to be heard on the issue of whether granting a liquor licence to the appellant is not in the public interest. Leamington was the only objector to the application, and it was added as a party to the hearing.
6The AGCO administers the LLCA and conducts inspection and enforcement activity under that Act. It took no position on whether granting the licence was not in the public interest but participated in the hearing to make submissions with respect to any conditions that may be considered.
7After considering the evidence and submissions of the parties, I conclude that the available evidence does not establish on a balance of probabilities that the applicant is acting in concert with anyone else.
8As a result, I have no basis to conclude that issuing the licence is not in the public interest and I have directed the Registrar to issue a licence to the applicant.
B. The Legal Context
9On June 11, 2021, the applicant applied under the LLA for a liquor licence in respect of premises located at 19 Erie St. N. in Leamington, Ontario (“Erie St. premises”). If granted a licence, he intends to operate licensed premises under the business name “Clandestino”.
10The LLA required the Registrar to give notice of that application to the residents of the local municipality and invite written submissions as to whether issuing the licence is in the public interest having regard to the needs and wishes of the residents.
11The Registrar received one written objection - from Leamington. After considering that objection, the Registrar issued a Notice of Proposal to Review (“NPR”) to review the application to determine whether the licence should be granted.
12Once an NPR is issued, the applicant may request a hearing before this Tribunal. The hearing is meant to give those who object an opportunity to demonstrate why granting the licence application is not in the public interest.
13After a hearing, the Tribunal may direct the Registrar to grant the licence, not grant the licence, or grant a licence with conditions.
14In this case, the applicant requested a hearing and after a case conference held in January 2022, a hearing was scheduled and took place on May 27, 2022.
15Under the LLCA, a liquor licence application shall be refused if:
…issuing 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 to be licenced are located1.
16The Tribunal may, after holding a hearing, direct the Registrar to issue the licence, refuse to issue the licence, and may impose any conditions on a licence that the Tribunal considers proper to give effect to the purposes of the Act2.
17That legal context defines the specific issues to be decided in this case. They are:
(a) Has Leamington established on a balance of probabilities that granting the applicant’s application for a licence to operate liquor consumption premises is not in the public interest having regard to the needs and wishes of the residents of the Municipality of Leamington?
(b) If a licence is granted should conditions be attached?
C. Preliminary Issues
(a) Adding Leamington as a Party
18At the outset of the hearing, Leamington requested that it be added as a