LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: BOBBY O' BRIEN'S 90 MacDonell Street Guelph, Ontario N1H 2Z6
Licensee: 1568448 Ontario Limited Licence Number: 810291
Notice of Proposal: To REFUSE to remove conditions Dated November 21, 2006
(a) The Commission has received written objections to the removal of the condition from the residents of the immediate area of the establishment;
(b) There has been no change in circumstances to justify the removal of the condition.
Hearing: Alcohol & Gaming Commission of Ontario Holiday Inn Guelph 601 Scottsdale Guelph, Ontario February 22, 2007
Presiding
Board Members: David C. Gavsie, Chair Patricia McQuaid, Vice Chair
Agent for the Registrar: Sujin Chan, Student-at-Law Counsel for the Licensee: John E. Valeriote
Attendance: Stan Kozak, party to the proceeding P.C. McMichan, Guelph Police Service
Exhibits: #1 – Package of Objection Letters #2 – Package of Withdrawal of Objections
A hearing was held on February 22, 2007, before a panel of the Alcohol & Gaming Commission of Ontario ("AGCO") to consider a Notice of Proposal dated November 21, 2006, to refuse to remove a condition on the licence issued to 1568448 Ontario Limited, operating as BOBBY O' BRIEN'S, 90 MacDonell Street, Guelph, Ontario, N1H 2Z6, licence number 810291. The condition reads, "Sale and service of liquor shall cease at 12:30 a.m."
Ms. Sujin Chan appeared as agent for the Registrar. Mr. John Valeriote appeared as counsel for the applicant.
As a preliminary matter, Ms. Chan advised that the Registrar was not taking a position on the application. Further, on consent of Ms. Chan and Mr. Valeriote, the Board ORDERED that Mr. Stan Kozak be made party to the proceeding, representing the persons who had filed letters of objections to the application.
Ms Chan filed two exhibits. Exhibit 1 is a package of eleven objection letters and included a petition signed by local residents in November, 2004. Exhibit #2 consists of a package of letters (emails) wherein eight of the original objectors withdrew their objections on the basis of a compromise in the applicant's position. Specifically, Mr. Kozak advised that he had met with representatives of the corporate applicant and a consensus was reached whereby the objections would be withdrawn if the application was amended from the removal of the condition (that the sale and service of liquor shall cease at 12:30 a.m.) to a change in condition, i.e. that the sale and service of liquor shall cease at 1:15 a.m. This compromise would, Mr. Kozak submits, address the concerns of the residents.
Mr. Kozak advised, however, that he has not heard back from all of the objectors, specifically Bruce Matheson, Gord Lowe and Chet Skibinski. The Board, briefly adjourned to review their respective letters of objection. The Board then advised Mr. Valeriote that it wished to hear evidence from P.C. McMichan of the Guelph Police Service, who was present at the hearing, with respect to the concerns of these objectors.
P.C. McMichan has been working in the downtown area of Guelph for the past four years. Since 2004, the police have encountered fewer fights and less violence in the downtown area. This is, in part, due to increased bus runs to the university, allowing better movement of patrons from the downtown bar area at closing time. As well, there has been an increased police presence in the area with more effective bylaw enforcement tools. Since opening in June 2006, the applicant, a pub style establishment, has had no Liquor Licence Act ("LLA") issues.
P.C. McMichan stated that a closing time for service of 1:15 a.m. will continue to avoid the issues by the major exodus of patrons from other downtown licensed establishments and the ensuing problems that that exodus can create.
Following the evidence from P.C. McMichan, Mr. Valeriote and Mr. Kozak each made submissions expressing the consensus reached in their discussions, namely that the sale and service of liquor cease at 1:15 a.m. with signs of service of liquor to be removed by 2 a.m. Mr. Kozak stated that residents are generally in agreement with the concept of staggered closing hours for licensed establishments as a mechanism to deal with the community's issues in the downtown area.
DECISION
Therefore, after reading and hearing the evidence, and hearing the submissions of the parties, the Board is prepared to find that there has been a change in circumstances as required by section 14(2) of the LLA. The Board accepts the evidence of P.C. McMichan that there has been an overall decrease in violence and fights since 2004, when this licence was first granted. Further, the Board notes that since issuance of this Notice of Proposal in November 2006, the majority of objections from residents have been withdrawn on the basis of a compromise agreement reached with the applicant, as indicated in Exhibit 2.
The Board therefore ORDERS that the existing condition on liquor licence number 810291 be removed and replaced by the following:
Sale and service of liquor shall cease at 1:15 a.m.;
All signs of service and consumption of liquor shall be removed by 2 a.m.
DATED AT TORONTO THIS 27TH DAY OF FEBRUARY, 2007.
PATRICIA MCQUAID, VICE CHAIR DAVID C. GAVSIE, CHAIR
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