Registrar, Alcohol and Gaming Commission of Ontario v. 2074561 Ontario Inc., 2007 CanLII 21316

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 of Ontario Registrar

-and-

2074561 Ontario Inc. O/A Joya Sushi Applicant

-and-

Brian McHattie Resident Objectors

DECISION

Panel: Kirsti Hunt, Vice Chair; Guy Maurice, Member Decision Date: May 29, 2007 Hearing Location: Hamilton, Ontario

Appearances

Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative 2074561 Ontario Inc., Applicant ) Robert Plouffe, Representative Brian McHattie, City Councillor ) on behalf of the Resident Objectors

The Application

1. The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated April 19, 2007, to review an application for a liquor licence dated January 19, 2007, from 2074561 Ontario Inc., (the “Applicant”), for the indoor area at Joya Sushi, 1630 Main Street West, Hamilton, Ontario, L8S 1G3, (the “Premises”). A hearing of the Application was held on May 24, 2007, in the City of Hamilton.

Decision

2. After considering the agreement of parties, the Board approves the Application made by 2074561 Ontario Inc. for a liquor sales licence for the indoor area of the premises, with a capacity of 49 persons, at Joya Sushi, 1630 Main Street West, Hamilton, L8S 1G3, establishment number 812541 subject to the receipt of all Municipal compliance letters and licensing requirements and subject to the conditions set out below.

Preliminary Matters

3. Sujin Chan appeared on behalf of the Registrar. She advised that the Registrar was not taking a position in this matter.

4. Councillor Brian McHattie of the City of Hamilton was made party to the proceeding on behalf of the resident objectors on the consent of parties.

5. A package of letters of objection was made Exhibit #2.

Reasons

6. Councillor McHattie submitted that after discussion, the parties had reached an agreement whereby the objectors would withdraw their objections to the Application if the following conditions were placed on the licence:

7. The sale and service of alcohol is to cease at 10 p.m. and the establishment is to close at 11 p.m.;

8. There will be no patio;

9. Conditions 1 and 2 will apply should the liquor licence be transferred in future.

10. Mr. Plouffe confirmed his client’s agreement to the conditions on the licence.

Order

9. Therefore, having accepted the agreement of parties, the Board confirms its oral ORDER to APPROVE the Application made by made by 2074561 Ontario Inc. for a liquor sales licence for the indoor area of the premises, with a capacity of 49 persons, at Joya Sushi, 1630 Main Street West, Hamilton, L8S 1G3, establishment number 812541, subject to the receipt of all Municipal compliance letters and licensing requirements.

10. The Board ORDERS that the following conditions be attached to the licence:

11. The sale and service of alcohol is to cease at 10 p.m. and the establishment is to close at 11 p.m.;

12. There will be no patio;

13. Conditions 1 and 2 will apply should the liquor licence be transferred in future.

DATED AT TORONTO THIS 29th DAY OF MAY, 2007

KIRSTI HUNT, VICE CHAIR GUY MAURICE, BOARD MEMBER

KH/rb