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-
2123303 Ontario Inc. O/A Shoeless Joe’s
Applicant
-and-
Rajender Pawria Resident Objector
DECISION
Panel: Beryl Ford, Member Alex McCauley, Member
Decision Date: , 2007
Hearing Location: Cornwall, 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
2123303 Ontario Inc., Applicant ) John McDonald, Representative
Rajender Pawria ) ) on his own behalf
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated May 28, 2007 to review an application for a liquor licence from 2123303 Ontario Inc., the “Applicant”, for additional outdoor capacity of 68 for Shoeless Joe’s, 1110 Brookdale Ave., Cornwall, Ontario, K6J 4P4, the “Premises”. A hearing of the Application was held on July 18, 2007 in the City of Cornwall.
Decision
- After considering all the evidence and submissions the Board approves the Application on the conditions set out below. Reasons for these findings 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.
Rajender Pawria is a resident of the municipality and objects to the Application for licence. He appeared before the Board on his own behalf.
Joyce Taylor, Registrar’s Representative, and John McDonald, Licensee’s Representative, submitted a Minutes of Settlement (Exhibit #1) which forms part of this decision. Mr. Pawria also signed the Minutes of Settlement and withdrew his objection to the Application. All of the parties agreed to resolve the matter subject to conditions being placed on the licence.
Conclusion
- Mr. Rajender Pawria, withdrew his objection based on the agreements reached with the Applicant as set out in the Minutes of Settlement. The Board approved the Application.
Order
For the above reasons the Board APPROVES the Application for liquor licence made by 2123303 Ontario Inc., the “Applicant”, for additional outdoor capacity of 68 for Shoeless Joe’s, 1110 Brookdale Ave., Cornwall, Ontario, K6J 4P4 subject to all statutory conditions and municipal regulations.
Further, the Board ORDERS that the following conditions shall be attached to the licence on consent:
Background music only shall be played in the licensed areas of the establishment.
No music from the establishment shall be audible at any point on the opposite side of Brookdale Avenue from the establishment at any time.
There shall be no dance floor or dance area in the establishment.
If any patrons are present on the outdoor licensed area after 11:00 p.m., there shall be a staff member present on the patio at all times to ensure that any noise from any patrons is controlled at all times thereafter.
DATED AT Toronto, this 24th day of JULY , 2007.
ALEX MCCAULEY, MEMBER BERYL FORD, MEMBER
AM/mw
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF AN APPLICATION BY 2123303 ONTARIO INC. OPERATING OR INTENDING TO OPERATE AS SHOELESS JOE’S FORMERLY KNOWN AS NICKEL’S 1110 BROOKDALE AVENUE, CORNWALL ESTABLISHMENT NO. 200446
MINUTES OF SETTLEMENT
The Applicant, who has been advised by counsel, and the objector agree that the following conditions shall be attached to the liquor licence, in consideration of which, the objector shall withdraw his objection to the application for an outdoor licensed area:
Background music only shall be played in the licensed areas of the establishment.
No music from the establishment shall be audible at any point on the opposite side of Brookdale Avenue from the establishment at any time.
There shall be no dance floor or dance area in the establishment.
If any patrons are present on the outdoor licensed area after 11:00 p.m., there shall be a staff member present on the patio at all times to ensure that any noise from any patrons is controlled at all times thereafter.
Dated this 18th day of July, 2007.
2123303 ONTARIO INC.
Stefan Kolbinger Rajender Pawria
“I have the authority to bind the Corporation” Objector
John McDonald Joyce A. Taylor
Counsel for the Applicant Counsel for the Registrar