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-
1492332 Ontario Limited O/A ZOOZ
Applicant
-and-
Don McLean Resident Objector
DECISION
Panel: Alex McCauley, Member Guy Maurice, Member
Decision Date: , 2007
Hearing Location: Fort Erie, 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 ) Sujin Chan, Representative
1492332 Ontario Limited, Applicant ) Tim Tykolis, on his own behalf and on behalf of the Corporation
Don McLean ) ) Don McLean, on his own behalf
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated June 4, 2007 to review an application for a liquor licence from 1492332 Ontario Limited, the “Applicant”, for additional outdoor capacity of 2,866 at ZOOZ, 2821 Stevensville Road, Stevensville, Ontario, L0S 1S0, the “Premises”. A hearing of the Application was held on July 11, 2007 in the City of Fort Erie.
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
3Sujin Chan appeared on behalf of the Registrar. She advised the Registrar took no position on the public interest aspects of the hearing.
4Tim Tykolis is a shareholder of the Applicant. He appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor or a licenced representative.
5Don McLean is a resident of the municipality and objects to the Application for licence. He appeared before the Board on his own behalf. On consent of all parties, the Board ordered Mr. McLean be made party to the proceedings.
Conclusion
6This matter was resolved when the sole objector, Mr. Don McLean, withdrew his objection when the parties agreed to the inclusion of the condition that forms this decision.
Order
7For the above reason the Board approves the Application for liquor licence made by 1492332 Ontario Limited for additional outdoor capacity of 2,866 at ZOOZ, 2821 Stevensville Road, Stevensville, Ontario, L0S 1S0, subject to all statutory conditions and municipal regulations.
Further, the Board orders that the following condition be attached to the licence on consent:
“The sale and service of liquor shall cease at 11:30 P.M. and all signs of service shall be cleared by 12:00A.M.”
DATED AT Toronto, this 17th day of July , 2007.
ALEX MCCAULEY, MEMBER GUY MAURICE, MEMBER
AM/mw