Licence Appeal Tribunal File Number 15919/LLCA
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:
Legends Music LLC and Illuminarium Toronto Distillery Inc. o/a Illuminarium Toronto
Appellant
-and-
Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019,
Respondent
AMENDED CONSENT ORDER
ADJUDICATOR:
Avril A. Farlam, Vice-Chair
APPEARANCES:
For the Appellant:
Dion Vassos, Counsel
For the Respondent:
Jordan Stewart, Counsel
BACKGROUND
1The appellant, Legends Music LLC and Illuminarium Toronto Distillery Inc. o/a Illuminarium Toronto, 28 Distillery Lane, Toronto (“Premises”), has applied for a liquor sales licence (“Licence”) for the indoor areas of the premises with a capacity of 350 persons, 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”).
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 by advertising on the AGCO website: www.agco.ca on December 19, 2023. The Registrar received written objections to the application from residents of the municipality.
3As a result, the Registrar issued a Notice of Proposal to Review Application (“NOP”) dated May 17, 2024. The appellant appealed the NOP to the Tribunal and the Tribunal scheduled a case conference which took place on July 2, July 3, and July 12, 2024.
4Five objectors attended the case conference, namely, Diana Belshaw, Neil Betteridge, Connie Crosby, Laura Garzon, Mika Hamilton (the “Objectors”). The case conference proceeded in the absence of the other objectors who did not attend the case conference, despite having been given notice of the case conference.
5Rule 22. 3 of the Licence Appeal Tribunal Rules, August, 2023 (“Rules”) provides:
If an objector does not attend a case conference for which they had notice and does not have a representative attend on their behalf, the Tribunal may proceed without their participation and a binding settlement may be reached between the parties. The objector is not entitled to further notice of the proceedings.
6In accordance with Rule 22.3, those objectors who did not attend the case conference, either through a representative or in person, are not entitled to further notice of the proceedings.
7Rules 22.4 and 22.5 state:
22.4 An objector, including an individual, a group of objectors, a residents’ association, or a municipality, may ask to be made a party in a public interest proceeding, which request shall be made before or at the case conference.
22.5 An objector who is made a party to a public interest proceeding has the right to participate in the proceeding.
8None of the objectors requested to be made parties to this appeal.
WITHDRAWAL OF OBJECTORS’ OBJECTIONS
9Prior to the July 12, 2024 case conference, the Tribunal received written confirmation from the Objectors that they withdraw all of their objections and support the application for Licence provided that the four agreed-to conditions set out on Schedule A to this Order are attached to the Licence.
10As a result, both the appellant and the Registrar confirmed at the case conference on July 12, 2024 that they request and consent to an Order of the Tribunal disposing of the appeal without a hearing by directing the Registrar to issue the Licence subject to the four agreed-to conditions set out on Schedule A to this Order.
ON CONSENT OF BOTH PARTIES, I ORDER:
11I order the Registrar to approve the appellant’s application for a Licence subject to the conditions set out on Schedule A attached to this Order which is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
____________________________
Avril A. Farlam, Vice-Chair
Released: July 29, 2024
SCHEDULE A
Conditions to be attached to liquor sales licence for Illuminarium Toronto, 28 Distillery Lane, Toronto, Ontario
There shall be no amplified music on or directed towards any outdoor area of the licensed premises.
(a) The licence holder shall sell and serve liquor only from 11:00 a.m. to 10:15 p.m. Mondays to Thursdays in the indoor licensed area. The indoor licensed area shall close by 11:00 p.m. Mondays to Thursdays.
(b) The licence holder shall sell and serve liquor only from 11:00 a.m. to 11:15 p.m. on Fridays and Saturdays in the indoor licensed area. The indoor licensed area shall close by 12:00 a.m. (midnight) on Fridays and Saturdays.
(c) The licence holder shall sell and serve liquor only from 11:00 a.m. to 9:15 p.m. on Sundays. The indoor licensed area shall close by 10:00 p.m. on Sundays.
(d) On any Sunday preceding a holiday which falls on a Monday, the sale and service of liquor by the licence holder shall cease by 11:15p.m., in the indoor licensed area. The indoor licensed area shall be closed by 12:00 a.m. (midnight). If the following Monday is not a holiday, then the sale and service of liquor shall cease by 9:15 p.m. and the indoor licensed area shall close by 10:00 p.m. as indicated in condition 2(c) above.
The licence holder will provide to the Gooderham & Worts Neighbourhood Association, the telephone number of the manager for the licensed premises so that the association can reach the manager during operating hours.
The licence holder will place a sign at the exit of the premises reminding departing patrons to be considerate of the surrounding community when departing the premises.