TNC Objection to Powerhouse Corporation’s application for a liquor licence with increased capacity a

The Toronto Noise Coalition (TNC) objects to the Powerhouse Corporation’s application for a liquor licence at Polson Pier with increased licenced capacity both indoors and outdoors and, in particular, the removal of conditions that are on the current licence at that location.

Read the Letter of Objection Below...

January 19, 2017

Mr. Edward Hore YQNA Co-Chair & Legal Counsel

Toronto, Ontario

Dear Mr. Hore

The Toronto Noise Coalition (TNC) fully supports the YQNA's objection to the Powerhouse Corporation's application for a liquor licence at Polson Pier with increased licenced capacity both indoors and outdoors and, in particular, for the removal of conditions that are on the current licence at that location.

TNC sees this application as more than a local issue. The Waterfront is used and enjoyed by Torontonians from across the city. TNC members are Toronto residents and business people, working together to ensure that Toronto remains a livable city with no adverse impacts of noise on our health. Noise levels are a key factor in our ability to share a healthy and enjoyable life. TNC currently represents over 50 Resident Associations and Condo Corporations.

Section 6 of the Liquor Licence Act provides that: "the applicant is entitled to be issued a licence except if, (h) the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located." An establishment of this size, in this location, is not in the public interest. This position has been clearly expressed by residents in the immediate area based on experience with smaller licenced establishments on the site. Other organizations representing the broader municipality, including TNC, agree. Toronto City Council is on record as agreeing. Conditions on the current licence were negotiated to mitigate the serious negative impact experienced by the neighbourhood over a period of many years.

The AGCO on its web site and in its Chair's report states that "in awarding or transferring a liquor licence this process has a significant impact on the lives and business of the people of Ontario." LLA Regulations state that "The holder of a licence that applies to outdoor premises shall not permit noise that arises directly or indirectly from entertainment on the premises or from the sale and service of liquor to disturb persons who reside near the premises." (R.R.O. 1990, Reg. 719, s. 46). AGCO guidance to applicants is "In making an application, it is recommended that applicants pay particular attention to any noise that may emanate from the outdoor premises, as this may have a direct impact on receiving approval for your liquor licence request. "

Consistent with the public interest provision of the LLA, its Regulations, and the guidance of the AGCO, it is the strongly held opinion of TNC that the capacity and conditions proposed by the Powerhouse Corporation are unreasonable and would inappropriately place the full burden of dealing with the ensuing issues on local residents.

Sincerely

Toronto Noise Coalition Mary Helen Spence, Ian Carmichael and Liz Sauter