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-
Kinsmen Club of Newmarket
Applicant
-and-
Shawn Allan
Objector
DECISION
Panel: Guy Maurice, Member Allan Higdon, Member
Decision Date: June 25, 2007
Hearing Location: Newmarket, 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 ) Joyce Taylor, Representative
Kinsmen Club of Newmarket, Applicant ) John Hackson, on his own ) behalf and on behalf of the ) Applicant
Shawn Allan ) ) on his own behalf and on ) behalf of the Resident ) Objectors
The Application
- 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 from Kinsmen Club of Newmarket, (the “Applicant”), for the indoor area at Kinsmen Club of Newmarket, 20 Oak Avenue, River Drive Park, East Gwillimbury, Ontario, (the “Premises”). A hearing of the Application was held on May 16, 2007 in the Town of Newmarket.
Decision
- After considering all the evidence and submissions, the Board APPROVES the application made by Kinsmen Club of Newmarket for an indoor area of the Premises with a capacity of 130 persons on the conditions set out below:
All service to cease at 1.00 a.m. and all signs of sales and service of alcohol are to be cleared by 1.45 am.; and,
Two Smart Serve trained staff are to be on duty at all times during the sale and service of alcohol.
The reasons for the decision follow.
Preliminary Matters
- Joyce Taylor appeared on behalf of the Registrar. She advised the Registrar took no position on the public interest aspects of the hearing.
Resident Objectors’ Evidence
Mr. Shawn Allan appeared on behalf of his father, Mr. Chris Allan, and was made a party to the proceedings. Mr. Allan was the only person present to object to the application. On behalf of his father, Mr. Allan stated that he has resided in the area for 5 years and that he, along with his parents, had suffered from excess noise, racing of cars, and beer bottles found in the back yard, despite the existence of a seven foot high fence. The language was totally not acceptable and has become louder and louder and a concern exists that, if a licence is granted, the club will become a Legion-style operation with a bar operating on a daily basis. He and his parents are also concerned for the safety of the inhabitants of the community.
Seven letters of objection were filed with the Board and identified as Exhibit #1.
Mr. John Hackson had no questions of the witness on behalf of the Applicant.
Applicant’s Evidence
Mr. John Hackson filed a profile of the Applicant (Exhibit #2). Page 1 of that document identifies who they are, how they volunteer to serve the communities, how they sponsor sports teams, how they help those who have run into tough times and how they help others who call upon them for help.
Mr. Hackson also explained why the Newmarket Kinsmen operate in East Gwillimbury and that the organization has been operating in the Town of Newmarket for almost 40 years. Just over a year ago the Town of Newmarket sold the building that they now operate out of. They are committed to be responsible neighbours in the community.
The fact that an application for a liquor licence is being applied for does not mean they are having a pub in the community. The Applicant will run all special events on the premises as scheduled. The premises will not be open on a daily basis.
In response to a question from Mr. Allan as to whether the Club would be prepared to notify the residents of events, if they would be willing to close the hall if matters got out of control and if they planned only weekends and special events, Mr. Hackson stated that the Club is not one to break the law, that they will have at all times 2 persons licensed as “Smart Serve”; one to work inside the building and one to patrol the outside. The Club’s sole objective for obtaining a licence is to have full control of all events that require a licence and to clean the operation of this hall of past problems.
Mr. Bob Kiffer, Treasurer of the Club, testified that the Club proposes to operate the hall for special occasions by special groups and that during the daytime activities no alcohol would be served and that alcohol would be a factor during weekend activities and strictly monitored by the club.
At this point in the hearing Lifetime members of the Club were introduced, as well as the President of the Ratepayers’ Association. All of these residents were in support of the application.
Sam Reid explained his function in the Community Recreation Community, how close his organization works with children and adults and that, with proper controls as planned by the Kinsmen Club, all concerns will be reduced.
Reasons
- Having considered all the evidence and having regard to the expressed needs and wishes of the residents, the Board is satisfied the Application is in the public interest subject to the proposed conditions being attached to the licence. The objector’s concern for noise should be covered by condition #1 and the Club is not going to allow the operation of a tavern. The Board is satisfied that the Club is committed to being a responsible licence holder.
Order
The Application for liquor licence made by Kinsmen Club of Newmarket for the indoor area at Kinsmen Club of Newmarket, 20 Oak Avenue, River Drive Park, East Gwillimbury, Ontario is APPROVED.
The Board ORDERS that the following conditions be attached to the licence:
All service to cease at 1.00 a.m. and all signs of sales and service of alcohol are to be cleared by 1.45 am.
Two Smart Serve trained staff are to be on duty at all times during the sale and service of alcohol.
DATED AT TORONTO THIS 25 DAY OF JUNE , 2007.
GUY MAURICE, MEMBER ALLAN HIGDON, MEMBER
GM/mw