Christian DiBattista o/a Don Pablo Tacos & Tequila v. Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, 2026 CanLII 10352

Licence Appeal Tribunal File Number: 18024/LLCA

In the matter of an application for removal of conditions in a Licence pursuant to section 11(4) under the Liquor Licence Control Act, 2019, S.O. 2019, c.15, Sched. 22.

Between:

Christian DiBattista o/a Don Pablo Tacos & Tequila Appellant

and

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

ORDER

ADJUDICATOR: Jan Dymond, Vice-Chair

APPEARANCES:

For the Appellant: Drew Gillingham

For the Registrar: Jordan Stewart, Counsel

Heard: By way of written submissions

OVERVIEW

1Christian DiBattista o/a Don Pablo Tacos and Tequila, the appellant, brings an application under subsection 11(4) of the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched 22 (the “Act”) to remove three conditions from its liquor licence, LSL 1198959. The conditions, all of which relate to an application for a rooftop patio liquor licence, were imposed by the Tribunal in a Decision and Order dated June 13, 2019.

2The appellant’s position is that there is a change in circumstances that is sufficient to warrant removal of the three conditions because the appellant has abandoned all plans to install a rooftop patio. The three conditions of the appellant’s licence issued with respect to the appellant’s application for a rooftop patio are:

1. The sale and service of alcohol shall end at 11 p.m. each night, with all signs of alcohol service to be cleared away by no later than 11:45 p.m.;
2. There shall be no live music on the patio at any time; and
3. Any music on the patio shall be at background levels and speakers shall be directed only toward King Street North.

ISSUE

3The issue to be determined is:

1. Is there a change in the licensee’s circumstances that justifies removal of the conditions from it liquor licence?

RESULT

4I find that a change in circumstances of the appellant justifies the removal of all three conditions listed above.

ANALYSIS

5I find that the appellant has met its burden to prove, on a balance of probabilities, that there is a change in circumstances that justifies the removal of the three conditions.

6Subsection 11(4) of the Act allows the Tribunal to remove conditions that the Tribunal imposed if it is satisfied that there is a change in circumstances justifying the removal of the conditions.

7The conditions above were imposed on the appellant’s licence by the Tribunal in 2019 following a public interest hearing at which objectors expressed opposition to licencing of a proposed rooftop patio.

8The Tribunal decision and the Notice of Proposal (“NOP”) issued by the Registrar on February 19, 2019 make it clear that the objections and public interest hearing pertained only to a proposed outdoor licensed area and that the conditions would only attach to that area of the premises. There were no objections to licencing of the indoor areas.

9In its submissions, the appellant cites the following changes in circumstances as justification for removal of the three conditions:

1. The appellant has been issued a liquor licence by the Alcohol and Gaming Commission of Ontario that only includes indoor spaces on the second floor of the building (November 2025);
2. The premises have been constructed without a rooftop patio, and no method for patrons to access the roof of the building; and
3. The appellant has abandoned plans to create a roof top patio.

10The appellant submitted the following evidence in support of its submissions:

a. A copy of the Tribunal decision dated June 13, 2019 that confirms that the conditions were issued solely with respect to an application for a roof top patio liquor licence; b. A copy of the Liquor Licence LSL 1198959 issued on November 7, 2025 licensing only areas on the second floor of the premises, with a capacity limit of 290 persons on the second floor only; and c. An “as-built” floor plan for the licensed areas of the second floor showing no access to the roof.

11In a submission dated January 21, 2026, the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 (“Registrar”) states that they are in agreement that there has been a change in circumstances justifying the removal of the conditions. The Registrar notes that the original conditions were imposed by Tribunal in response to public interest objections to an area that is not licensed and was never licensed.

12I am persuaded by the appellant’s submissions that it has abandoned its plans to operate a licenced roof top patio on the premises and that the conditions are no longer necessary. I find, therefore, that the appellant has met its burden to prove, on a balance of probabilities, that there has been a change in circumstances that warrants removal of all three of conditions imposed by the Tribunal Order of June 13, 2019.

ORDER

13Having considered the evidence and submissions of the parties, I direct the Registrar to remove the following conditions from the appellant’s liquor licence, pursuant to s.11(4) of the Act:

1. The sale and service of alcohol shall end at 11 p.m. each night, with all signs of alcohol service to be cleared away by no later than 11:45 p.m.
2. There shall be no live music on the patio at any time.
3. Any music on the patio shall be at background levels and speakers shall be directed only toward King Street North.

LICENCE APPEAL TRIBUNAL

Jan Dymond, Vice-Chair