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-
2097997 Ontario Ltd. O/A Heat Nite Club
Applicant
DECISION
Panel: Dianne Axmith, Member Guy Maurice, Member
Decision Date: , 2007
Hearing Location: Whitby, 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 ) Bryna Kaplan, Representative
2097997 Ontario Ltd., Applicant ) Randall Barrs, Representative
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated June 22, 2007 to refuse to remove a condition from liquor licence number 807295 issued to 2097997 Ontario Ltd, the “Applicant”, operating as Heat Nite Club, 129 Brock Street North, Whitby, Ontario, L1N 4H3, the “Premises”. A hearing of the Application was held on July 19, 2007 in the City of Whitby.
Decision
2After considering all the evidence and submissions the Board approves the Application on the conditions set out below. Reasons for these findings follow.
Preliminary Matters
3Ms. Bryna Kaplan represented the Registrar and Mr. J. Randall Barrs appeared on behalf of the Licensee Applicant. Also in attendance was Sergeant Mark Morissette representing the Durham Regional Police Service.
4Ms. Kaplan informed the Board that the existing licence conditions were consented to by the licence holder on request by the Durham Regional Police. The Applicant was now requesting removal of the condition relating to a licensed patio. Sergeant Morissette advised that the Durham Regional Police Service would withdraw their objection to removal of the patio condition if the Applicant agreed to eight new conditions relating to the operation of a licensed patio.
Order
5The Board APPROVED the removal of the condition on licence number 807295 issued to 2097997 Ontario Ltd. operating as Heat Nite Club, 129 Brock Street North, Whitby, Ontario, L1N 4H3.
6Further, the Board ORDERED, on the consent of the Applicant, that a licensed patio shall be allowed, subject to all statutory conditions and municipal regulations, as well as the following conditions:
The maximum number of persons allowed on the patio shall not exceed 80.
The Licensee shall ensure that an eight (8) foot high soundproofed wall shall be constructed and maintained around the patio area.
The soundproofed wall shall have a “push bar” door installed which shall be used only for emergency exit by patrons and to allow entry to the patio by police and AGCO inspectors.
The licensee shall install and maintain lighting that illuminates the parking area behind the patio.
The licensee shall ensure that at least two (2) visibly identifiable security personnel are on the licensed patio during all hours of operation. One security person shall be stationed at the emergency exit and one shall be at the exit from the indoor area to the patio.
There shall be no music or other amplified sound on the patio.
The door between the indoor area and the patio shall not be propped open at any time during operating hours.
The patio licence shall not be issued until conditions 2, 3 and 4 are met to the satisfaction of the Durham Regional Police Service. Notice of their satisfaction and approval shall be communicated in writing to the AGCO.
All other previously imposed conditions on this licence remain in effect.
DATED AT Toronto, this 24th day of JULY , 2007.
DIANNE AXMITH, MEMBER GUY MAURICE, MEMBER
DM/mw