7-Eleven Canada Inc. v. Registrar (Alcohol and Gaming Commission of Ontario), 2023 CanLII 74635

Licence Appeal Tribunal File Number: 13347/LLCA

In the matter of an 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:

7-Eleven Canada Inc. o/a 7-Eleven 1181 Western Road, London

Appellant

and

Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019

Respondent

-and-

David Heap and Jeff Robinson

Objectors/Added Parties

DECISION

ADJUDICATOR:

Colin Osterberg, Vice Chair

APPEARANCES:

For the Appellant:

Will Shaw and Jane Mayfield, Counsel

For the Respondent: Added Parties:

Rena Khan, Counsel David Heap and Jeff Robinson

17-Eleven Canada Inc. operating as or intending to operate as 7-Eleven, 1181 Western Road, London (the “appellant”) applied for a licence to sell alcoholic beverages pursuant to s. 3 of the Liquor Licence and Control Act, 2019, S.O. 2019 c. C.15, Sched. 22 (the “Act”). The liquor licence, if issued, would apply to a portion of the appellant’s convenience store located at 1181 Western Road in London (the “Premises”), which it intends to operate as a restaurant with a seating capacity of 10 persons.

2The Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 (the “Registrar”) received objections to the application from 34 individuals and issued a Notice of Proposal to Review an Application for Licence (“NOP”). The appellant appeals the NOP to the Tribunal. Two of the objectors, David Heap and Jeff Robinson were added as parties to the appeal by order of the Tribunal dated February 16, 2022.

3A hearing before the Tribunal took place on 5 days between April 12, 2023 and June 27, 2023.

4The Added Parties raise a number of concerns with respect to the issuance of a liquor licence at the Premises.

5They allege that the sale of alcohol at the Premises will have a negative effect on students at Western University (“Western”). In particular, they say that the sale of alcohol at the Premises may result in an increase in human trafficking in the area, increased sexual violence on campus, increased consumption of alcohol by students at Western, increased drinking and driving involving students, and increased danger to