ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
BBQ Poultry Foodstuff & Takeout Inc. intending to operate as Eduarda BBQ Poultry Foodstuff & Takeout Applicant
DECISION
Panel: Patricia McQuaid, Vice-Chair Brian J. Ford, Board Member
Decision Date: June 5, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326- 0366 Fax (416) 326-5566 Website: agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative Florentino Moreira, Applicant ) Lauren Esquivel, Representative
The Application
[1]. The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated March 16, 2007 to review an application for a liquor licence dated October 10, 2006 from BBQ Poultry Foodstuff & Takeout Inc. (the "Applicant"), for the indoor area at EDUARDA BBQ POULTRY FOODSTUFF & TAKEOUT, 1546-48 Dupont Street, Toronto, Ontario, M6P 3S6 (the "Premises"). The Proposal alleges that the Applicant is disentitled to a liquor licence pursuant to subsection 6(2)(d), (f) and (h) and, in particular, alleges a violation of subsection 5(1) of the Liquor Licence Act ("LLA"). A hearing of the Application was held on May 17, 2007 in the City of Toronto.
Decision
[2]. After considering the evidence, in particular the Exhibits filed and submissions, the Board approved the Application made by BBQ Poultry Foodstuff & Takeout Inc. for the indoor area at EDUARDA BBQ POULTRY FOODSTUFF & TAKEOUT, 1546-48 Dupont Street, Toronto, Ontario, M6P 3S6, establishment number 821399, on the condition set out below. Reasons for these findings follow.
Reasons
[3]. Sujin Chan appeared on behalf of the Registrar. She advised, with respect to the allegation in the Notice of Proposal regarding past/present conduct, and a violation of subsection 5(1) of the LLA, there was an agreement on the facts. Specifically, it was agreed and admitted that on January 16, 2007 liquor licence inspectors attended the establishment and found that the Applicant was operating without a licence. An inspector was able to purchase beer. With that admission, the Registrar submitted that a warning would be appropriate. There have been no further infractions since January 16, 2007. The Board accepted the oral agreement and made a FINDING of a violation of subsection 5(1) of the LLA. Further, Ms. Chan advised that the Registrar took no position on the public interest aspects of the hearing.
[4]. There were no objectors present at the commencement of the hearing at 9:30 a.m. The Board noted that an adjournment request by two of the objectors had been denied on May 15, 2007, the reason for the request being their inability to attend. In denying the request, the Chair had advised that letters of objection filed would be considered by the Panel. Ms. Chan advised that the Registrar had no further contact with the objectors.
[5]. Ms. Chan then filed a package of objection letters (Ex. 1) for the Board's consideration. Ms. Esquivel filed a letter dated May 14, 2007, from the Applicant to Mr. Kulis, AGCO legal counsel, written in response to the objectors (Ex. 2).
[6]. At this point in the hearing, the Panel adjourned in order to review the exhibits. Upon the Panel's return, Ms. Chan advised that one objector, Mr. Mark Macdonald, had appeared in the interval, but upon being advised that the Applicant was not seeking a licence for an outdoor area, did not wish to proceed with his objection and would not be participating in the hearing.
[7]. The Board has considered the letters of objection. Of the 12 letters filed, eight expressed concern about a licensed patio. This is, however, an application for an indoor licensed area only. The remaining letters expressed concern about the number of licensed establishments in the neighbourhood, problems emanating from one such establishment and issues around parking, late night noise and garbage. Some of these issues relate to problems for municipal enforcement and as such are not issues that directly impact upon a liquor licence application. Further, the Board cannot make a decision on this Applicant's entitlement to a licence based on the problems allegedly emanating from another licensed establishment in the area.
[8]. As indicated in Exhibit 2, the Applicant has operated a licensed establishment in the area, similar in concept, for fifteen years without problems. There has been no suggestion made that Mr. Moreira will not continue, at this location, to operate in a similarly responsible manner. It has not been demonstrated that this Applicant should be disentitled to a liquor licence in the public interest.
[9]. The Board does, however, recognize the concern of residents of the area concerning late night noise and therefore the Board is prepared to impose a condition on the licence.
Order
[10]. Therefore, for the above reasons, the Board APPROVES the application for liquor licence made by BBQ Poultry Foodstuff & Takeout Inc., for the indoor area at EDUARDA BBQ POULTRY FOODSTUFF & TAKEOUT, 1546-48 Dupont Street, Toronto, Ontario, M6P 3S6, establishment number 812399.
[11]. The Board ORDERS that the following condition be attached to the licence, to which the applicant has consented:
"The sale and service of liquor shall cease at 12 a.m. (midnight) on Sunday through Thursday."
[12]. Having approved the application, the Board having found a violation of subsection 5(1) of the LLA, hereby issues a WARNING to BBQ Poultry Foodstuff & Takeout Inc., operating as EDUARDA BBQ POULTRY FOODSTUFF & TAKEOUT, 1546-48 Dupont Street, Toronto, Ontario, M6P 3S6, that it ensure continual compliance with the LLA and its regulations
DATED AT TORONTO THIS 5th DAY OF JUNE, 2007
PATRICIA MCQUAID, VICE-CHAIR BRIAN J. FORD, BOARD MEMBER
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