Licence Appeal Tribunal File Number: 16698 LLCA
In the matter of an Appeal by a Licensee under s. 11 of the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22
Between:
1000270466 Ontario Inc. o/a Alice Restaurant & Bar Appellant
and
Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 Respondent
ORDER
ADJUDICATOR: Avril A. Farlam, Vice-Chair
APPEARANCES:
For the Appellant: Jerry Levitan, Counsel
For the Respondent: Brian Haddad, Counsel
OVERVIEW
11000270466 Ontario Inc. o/a Alice Restaurant & Bar, the appellant, appealed to the Tribunal from a Notice of Proposal to Refuse to Remove Conditions dated January 29, 2025 made under the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched 22 (the “Act”) issued by the Deputy Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, (“respondent”), in respect of the appellant’s Liquor Sales Licence (“Licence”) #LSL1333751.
2The appellant’s position is that there is a change in circumstances that is sufficient to warrant removal of all the liquor licence conditions.
3At the case conference held March 18, 2025, the respondent indicated that the respondent is satisfied that there has been a change in circumstances justifying the removal of the conditions.
4The appellant agreed that this resolves all issues in its application to the Tribunal.
5Both parties advised that they consent to the Tribunal ordering removal of all conditions from the applicant’s Licence pursuant to its authority in s. 11(3) of the Act.
6Both parties submitted to the Tribunal a signed Consent Agreement signed by the appellant on March 18, 2025 and by the respondent on March 19, 2025 (“Consent Agreement”), a copy of which is attached as Schedule 1 to this Order.
7Having reviewed the Consent Agreement, I am satisfied that there is a change in circumstances justifying the removal of all conditions from the Licence within the meaning of s. 11(3) of the Act and I make the following order.
ON CONSENT OF BOTH PARTIES, I ORDER:
8Pursuant to s. 11(3) of the Liquor Licence and Control Act, 2019, and the Consent Agreement, I order the removal of all conditions from the appellant’s Licence in accordance with the Consent Agreement signed by the appellant on March 18, 2025 and by the respondent on March 19, 2025, a copy of which is attached to this order as Schedule 1, and is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
____________________________
Avril A. Farlam, Vice-Chair
Released: March 24, 2025
SCHEDULE 1
Tribunal File Number: 16698/LLCA-s11
CONSENT AGREEMENT
Between:
1000270466 Ontario Inc. o/a Alice Restaurant & Bar Appellant
and
Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 Respondent
WHEREAS the Appellant is the holder of liquor sales licence LSL1333751 and is subject to 13 conditions that were attached on consent by the Registrar on July 17, 2023, which are included as Schedule “A” of this Consent Agreement;
AND WHEREAS these conditions were based on a previous agreement with an unrelated prior Licensee and the Palmerston Area Residents Association (PARA) in 2010, which were attached by a Board of the Alcohol and Gaming Commission decision dated June 29, 2010;
AND WHEREAS the Appellant submitted an application to remove all of the conditions on March 21, 2024 to the Registrar;
AND WHEREAS the Registrar issued a Notice of Proposal to Refuse to Remove conditions on January 29, 2025, as the Registrar found no change in circumstances justifying the removal of the conditions, namely that the initial 2010 objectors (PARA) were not consulted on the application;
AND WHEREAS the Registrar is satisfied that PARA has now been consulted and does not oppose the removal of all 13 conditions;
AND WHEREAS The Registrar and the Appellant (“the Parties”) consent to the Tribunal removing all conditions from the Appellant’s liquor sales licence pursuant to its authority under s.11(3) of the Liquor Licence and Control Act, 2019; and
NOW THEREFORE, further to a case conference held before Vice-Chair A. Farlam of the Tribunal on March 18, 2025, the Parties hereby consent to an order of the Tribunal removing all conditions on the Appellant’s liquor sales licence, pursuant to the Tribunal’s authority under s.11(3) of the Liquor Licence and Control Act, 2019.
Dated at Toronto this 19th day of March, 2025.
_________________________________
Jeff Longhurst Deputy Registrar, pursuant to delegated authority
Dated at Toronto this 18th day of March, 2025.
_________________________________
Afif Khan and Matthew Haddon 1000270466 Ontario Inc. “I have authority to bind the corporate licensee”.
Schedule “A”
For the main floor outside, music is to be kept at a low volume (as background music only) and all music shall stop at 10:00 p.m.
The main floor outside patio hours are as follows: a) Sunday night to Thursday night Sale and service of liquor and food ceases at 11p.m. Signs of sale and service are cleared by 11:45 p.m. Patio vacated by 12:00 a.m. (midnight) b) Friday and Saturday night Sale and service of liquor and food ceases at 12:00 a.m. (midnight) Signs of sale and service cleared by 12:45 a.m. Patio Vacated by 1:00 a.m. b.1) Hours of operation for Friday and Saturday nights will be amended upon the Registrar of the Alcohol and Gaming Commission being advised in writing of the construction of a fence and sound proofing around the main floor outside patio to the satisfaction of the Palmerston Area Residents Association, thereafter hours of operation will be as follows: Friday and Saturday night Sale and service of liquor and food ceases at 1:00 a.m. Signs of sale and service cleared by 1:45 a.m. Patio vacated by 2:00 a.m.
Signs shall be posted about the need to be quiet and to respect the need for nearby residents to enjoy peace and quiet.
The owner/operators shall convey to neighbours a phone number of a responsible person who can be contacted in the event of a problem with noise or disruptive behaviour.
The holder of the licence shall offer menu food and non-alcoholic drinks to patrons at all times that liquor is sold or served.
The holder of the licence shall not provide or permit amplified music or other forms of entertainment in outdoor areas of the premises, except as noted in condition (2) above.
The holder of the licence shall not permit unreasonable sound levels to be emitted from the premises that are likely to disturb the quiet, peace, rest, enjoyment, comfort, convenience or safety of the nearby neighbourhood inhabitants in their residences.
The holder of the licence shall not have any of the following in operation on the premises: video/arcade-type or other electronic games, manual games, video or TV screens of any size for patrons' public viewing (except PowerPoint-type presentations), dance floor/area, DJ playing music, live band performing music, pool/billiard table, karaoke machine and microphones, jukebox, or any other type of entertainment feature/offering that would create disturbing noise or appeal to youths.
The holder of the licence, in addition to the foregoing conditions to suppress music and noise, shall make reasonable efforts to ensure patrons do not cause excessive noise from the operation of patrons' motor vehicles.
The holder of the licence shall ensure that no person under the age of 19 years enters the premises unaccompanied by a parent or legal guardian.
The holder of the licence shall ensure that managers and servers hold a Smart Serve certificate of server training or other similar program approved by the Board of the Alcohol and Gaming Commission of Ontario at the time employment commences.
The holder of the licence shall ensure that all liquor containers and garbage are kept in an enclosed and secure container(s).
The holder of the licence shall commit to following the laws and guidelines of the Province of Ontario with regard to the serving of alcohol.