Licence Appeal Tribunal
Appeal from a Notice of Proposal to Review an Application for a Liquor Licence under the Liquor Licence Control Act, 2019, S.O 2019 c.15, Sched. 22
Between:
1000218700 Ontario Inc. o/a No. 10 Dean Applicant
-and-
Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 Respondent
-and-
Margaret Hageman Objector/Added Party
Consent Order
ADJUDICATOR: Jeffery Campbell, Vice-Chair
Background
1The appellant has applied for a licence to sell alcoholic beverages pursuant to s. 3 of the Liquor Licence Control Act, 2019, S.O. 2019, c. 15, Sched. 22 (the “Act”).
2Pursuant to s. 7 of the Act, the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 (the “Registrar”) gave notice of the application to residents of the municipality in which the premises proposed to be licensed are located. The Registrar received objections from 51 people. As a result, the Registrar issued a Notice of Proposal to Review an Application for Licence (“NoP”). The appellant appealed the NoP to the Tribunal.
3The parties have advised the Tribunal that they were able to agree upon a settlement of all outstanding issues on the terms listed in the attached “Schedule A”
4NOW THEREFORE, upon the consent of the parties, this Tribunal orders that the Registrar approve the licence which is the subject of this application, on the basis of the terms set out in the said Schedule “A”, which are incorporated into and made part of this Order. The Tribunal orders that the proceedings in this matter are concluded and disposed of.
LICENCE APPEAL TRIBUNAL
Jeff Campbell, Vice-Chair
Released: April 5, 2023
Schedule “A”
The Registrar, 1000218700 Ontario Inc. o/a No. 10 Dean (the “Appellant” or the “Licensee”), Margaret Hageman, Fil Lourenco, Marwa Hamour, and Lori Kerr (the only community objectors remaining on record and referred to herein collectively as the “Objectors”) agree to settle the Licence and Appeal Tribunal (LAT) proceeding bearing file number: 14461/LLCA (the “Proceeding”) on the following basis:
- The AGCO shall issue the liquor licence applied for by the Appellant and that is the subject of the Proceeding (the “Licence”), with the following conditions:
a. The Licensee shall not serve liquor to patrons for consumption after 10:30 p.m. on the following days of the week: Sunday, Monday, Tuesday, Wednesday, except where that day directly precedes a “holiday” as that word is defined in Ontario’s Legislation Act, 2006 (a “Holiday”).
b. The Licensee shall not serve liquor to patrons after 11 p.m. on the following days of the week: Thursday, Friday, Saturday, as well as any day that directly precedes a Holiday.
c. The capacity of the exterior part of the licensed area (the “Patio”) shall be fifteen [15] persons; and
d. The Licensee shall not install or make use of any amplified sound equipment on the Patio.
- The Appellant will provide each of the Objectors with telephone numbers they can use:
a. To contact the concierge at The Parker in order to bring any issues (e.g. noise) relating to the Patio to the attention of staff at The Parker and No. 10 Dean before 11 p.m. of the date the issue arises; and
b. To contact security at The Parker in order to bring any issues (e.g. noise) relating to the Patio to the attention of staff at The Parker and No. 10 Dean after 11 p.m.
The Objectors may share the telephone numbers described in section 2 to others who reside within a two block radius of The Parker. Fitzrovia does not object to the Objectors sharing the contact numbers with the original objectors who responded to the AGCO via email, provided the licence has already been issued.
The Proceeding shall be concluded with the direction set out in 1.
Conditionality: This settlement agreement and the obligations herein are conditional upon the Proceeding concluding and the licence at issue in the Proceeding being issued on the conditions set out in section 1.
If the licence is not directed to be granted in accordance with the conditions set out in section 1 by April 17, 2023, this agreement shall be deemed null and void.