Registrar, Alcohol and Gaming Commission of Ontario v. 7 Lounge Inc., 2007 CanLII 21338

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-

7 Lounge Inc. Applicant

-and-

Donald Rodbard Objector

DECISION

Panel: Guy Maurice, Member Alex McCauley, Member

Decision Date: May 17, 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.on.ca

Appearances

Registrar, Alcohol and Gaming Commission | Bryna Kaplan, Representative 7 Lounge Inc, Applicant | Randall Barrs, Representative Donald Rodbard | Donald Rodbard, on his own behalf and on behalf of the Resident Objectors

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated April 24, 2007 to review an application for licence for additional outdoor area from 7 Lounge Inc., the "Applicant", at SEVEN LOUNGE, 224 Richmond Street West, Toronto, Ontario, M5V 1W2, the "Premises". A hearing of the Application was held on May 15, 2007 in the City of Toronto.

2Donald Rodbard appeared on his own behalf and on behalf of a group of residents objecting to the application. The Board granted Mr. Rodbard party status. Mr. Rodbard advised the Board he agreed to withdraw the residents' objection to the application provided certain conditions were attached to the licence.

3Mr. Barrs advised that the Applicant consented to the proposed conditions.

Order

4The Board APPROVES the Application made by 7 Lounge Inc. for additional outdoor area at SEVEN LOUNGE, 224 Richmond Street West, Toronto, Ontario, M5V 1W2, LICENCE NUMBER 809662, subject to the filing of all usual and required clearance letters and application requirements.

5Further, the Board ORDERS the following conditions be attached to the licence:

1. Maximum number of patrons in the licensed premises shall not exceed 637 at any time;
2. There is to be no designated dance floor on the patio;
3. No live music, disc jockey or master of ceremonies on patio;
4. No music on patio after 2:00 a.m.;
5. Number of speakers on patio shall not exceed 6 and the decibel level shall not exceed 75; and,
6. Decibel output level shall be re-evaluated by the King/Spadina Residents Association in 1 year and there will be discussion with the licensee at a meeting to be held no later than May 1, 2008.

DATED AT TORONTO THIS 17th DAY OF MAY, 2007