Registrar, Alcohol and Gaming Commission Ontario v. 2112047 Ontario Ltd., 2007 CanLII 41505

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-

2112047 Ontario Ltd.

Applicant

-and-

Bruce McKay

Resident Objector

DECISION

Panel: Dianne Axmith, Member

Alex McCauley, Member

Decision Date: September 4, 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.gov.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative

2112047 Ontario Ltd., Applicant ) John Lime, Representative

Bruce McKay ) on his own behalf

The Application

1. The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 15340 dated June 13, 2007 to review an application for a liquor licence for 2112047 Ontario Ltd., (the "Applicant") intending to operate as 2112047 Ontario Ltd., 604 King Street West, Unit B, Toronto, Ontario, M5V 1M5, (the "Premises".) A hearing of the Application was held on August 22, 2007 in the City of Toronto.

Decision

2. 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

3. Sujin Chan appeared on behalf of the Registrar. She advised the Registrar took no position on the public interest aspects of the hearing.

4. Bruce McKay is a resident of the municipality and objects to the Application for licence. He appeared before the Board on his own behalf and was granted party status in the proceedings to represent the objectors.

Reasons

5. The parties submitted Minutes of Settlement (Exhibit #2) which are attached to and form part of this decision. Bruce McKay withdrew his objection to the Application and all parties agreed to resolve the matter subject to conditions being placed on the licence.

6. Considering the parties' agreement and upon reviewing the proposed conditions, the Board approves the Application.

Order

7. For the above reasons, the Board APPROVES the Application for liquor licence made by 2112047 Ontario Ltd., operating as or intending to operate as 2112047 Ontario Ltd., 604 King Street West, Unit B, Toronto, Ontario, M5V 1M5 subject to all statutory conditions and municipal regulations.

8. Further, the Board ORDERS that the following conditions are attached to the licence:

9. The establishment must be licensed by the City of Toronto, Municipal Licensing and Standards as a restaurant, as defined in City of Toronto Municipal Code Section 545. For greater certainty it must not operate as an Entertainment Establishment/Nightclub as defined in Section 545-1 and City of Toronto Bylaw 20-2006. Nor shall it operate as a "hybrid" (a restaurant that sometimes operates as a nightclub);

10. The establishment must comply with the City of Toronto noise bylaws and, specifically, By Law 591.1-2.1;

11. The establishment must comply with section 46 of the Liquor Licence Act;

12. No outdoor lineups are allowed at any time. Patrons awaiting seating or service must be accommodated inside the premises or within the outdoor licensed area;

13. No live or amplified music or entertainment is to be played in any outdoor areas or directed towards outdoor areas after 11:00 PM Sunday to Thursday and after 12:00 Midnight on Friday and Saturday. The licensee may use only localized sound directional speakers in outdoor areas;

14. There shall be no live DJ for the specific purposes of dancing or a designated dance floor. There shall be no Emcee except for special events;

15. Each exit must have a sign posted inside and outside the premises with wording to the following effect: "Please respect our neighbourhood's peace and quiet when patronizing and leaving ";

DATED AT Toronto, this 4th day of September, 2007.

DIANNE AXMITH, MEMBER ALEX MCCAULEY, MEMBER

DA/ee

Attached

MINUTES OF SETTLEMENT

Conditions Proposed for 604 King St W.

1. I / We consent to withdraw opposition to the application for a liquor licence for Name of Establishment, 604 King Street West, Toronto, Ontario (the "premises") provided that the following conditions, in the form substantially set out below, are attached to the liquor licence:

a) The establishment must be licensed by the City of Toronto, Municipal Licensing and Standards as a restaurant, as defined in City of Toronto Municipal Code Section 545. For greater certainty it must not operate as an Entertainment Establishment/Nightclub as defined in Section 545-1 and City of Toronto Bylaw 20-2006. Nor shall it operate as a "hybrid" (a restaurant that sometimes operates as a nightclub);

§ 545-1

ENTERTAINMENT ESTABLISHMENT/NIGHTCLUB – A premises, including but not limited to a dance hall or disco, used to provide dance facilities for patrons, where seating is not provided for the majority of the patrons and where food or beverage may be offered for sale as an ancillary use. [Added 2006-02-02 by Bylaw No. 20-2006]

b) The establishment must comply with the City of Toronto noise bylaws, specifically:

§ 591.1-2.1 Specific prohibitions.

A. Loudspeakers and other amplified sound projected on streets or public places.

(1) No person shall emit or cause or permit the emission of sound resulting from the operation of any electronic device or a group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound, that projects noise beyond the lot line of the property from which the noise emanated and into any street or public place.

(2) Subsection A(1) does not apply to a security alarm, if the activation of the security alarm results in sound for a duration of not more than five minutes

c) The establishment must comply with the following section of the Liquor Licence Act:

46. The holder of a licence that applies to outdoor premises shall not permit noise that arises directly or indirectly from entertainment on the premises or from the sale and service of liquor to disturb persons who reside near the premises. R.R.O. 1990, Reg 719, s. 46;

d) No outdoor lineups are allowed at any time. Patrons awaiting seating or service must be accommodated inside the premises or within the outdoor licensed area;

e) No live or amplified music or entertainment is to be played in any outdoor areas or directed towards outdoor areas after 11:00 PM Sunday to Thursday and after 12:00 Midnight on Friday and Saturday. The licensee may use only localized sound directional speakers in outdoor areas;

f) There shall be no live DJ for the specific purposes of dancing or designated dance floor. There shall be no Emcee except for special events;

g) Each exit must have a sign posted inside and outside the premises with wording to the following effect: "Please respect our neighbourhood's peace and quiet when patronizing and leaving ";

2. Subject to the approval by the Registrar or Board, as the case may be, of the Alcohol and Gaming Commission of Ontario, the conditions as set out in paragraph 1 above, be attached to any liquor licence issued to the premises and the applicant, 2112047 ONTARIO LIMITED, shall agree that prior to the issuance of a liquor licence, it shall file with the Registrar written consent to the said conditions being attached to any liquor licence for the premises.