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-
6633528 Canada Incorporated O/A Lionheart British Pub & Restaurant
Applicant
DECISION
Panel: David C. Gavsie, Chair S. Grace Kerr, Member
Decision Date: September 5, 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 ) Brad Alton, Representative 6633528 Canada Incorporated, Applicant ) Adam Greco and Carole Greco, on their own behalf
The Application
[1]. The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated July 23, 2007 to review an application for a liquor licence from 6633528 Canada Incorporated, operating, or intending to operate, as Lionheart British Pub & Restaurant (the "Applicant"), for indoor and outdoor capacity of 174 and 36 persons, respectively, at 3221 Derry Road West, Unit 23, Mississauga, Ontario ('the "Premises") (Establishment No. 812747). A hearing of the Application was held on August 30, 2007 in the City of Toronto.
Decision
[2]. After considering all of the evidence and submissions, the Board approves the Application. Reasons follow.
Preliminary Matters
[3]. Brad Alton appeared on behalf of the Registrar. He filed 8 letters of objection received by the Registrar in respect of this Application, which were collectively made Exhibit 1 in the hearing. Otherwise, he advised the panel that the Registrar took no position on the Application.
[4]. The principals of the Applicant, Adam and Carole Greco, appeared for the Applicant at the hearing. They waived their right to have a representative act for the Applicant.
[5]. No objectors appeared at the hearing.
[6]. The Applicant filed 2 letters in support of their Application, which were collectively made Exhibit 2 in the hearing.
Reasons
[7]. At issue in this hearing is whether granting this application for a liquor licence is in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located.
[8]. Given the circumstances of this case and the evidence adduced, the Board finds that the objectors have failed to meet the onus on them that it would not be in the public interest to grant this licence having regard to the needs and wishes of the residents. In making its decision, the Board notes that one of the two letters in support of the Application is from the municipality's local councillor, who "fully supports the Lionheart's application" and further states that this establishment "will be a welcome addition to Ward 10". Additionally, Mr. Greco was previously employed by a major hotel in Toronto as its catering manager. His former superior's letter in support of this Application notes that:
during his tenure Mr. Greco was able to apply his proven knowledge of the liquor laws to all catering events within the hotel' and that he 'has always assisted all colleagues with compliance to these laws and standards, in a professional and respectful manner.
[9]. In contrast, the letters objecting to this Application describe concerns regarding this Application, such as: "safety for people living nearby" (including children and families); bringing of "gang activities in the area"; decreasing "property value"; "having undesired persons walking around (the) neighbourhood"; leading to "drunk driving in the neighbourhood where there are alot (sic) of kids playing outside"; wanting to "keep the neighbourhood free of violence and insecurity that Alcohol brings when (it) is not well managed"; and, not allowing "my son and my neighbours (sic) children and spouses (to) walk down the street (at) any time with peace of mind".
[10]. While the Board does not doubt the apprehensions expressed about the potential impact of this licensed establishment were heartfelt and genuine, the Board cannot make a decision based on conjecture and speculation about the potential negative impact of a licensed establishment. None of the aforementioned concerns related directly to this Application, or the manner in which this establishment would be operated.
[11]. The Board accepts the evidence in support of this Application that indicates both that this establishment is likely to be generally welcomed by the neighbourhood and that it is likely to be run respectfully and responsibly.
Order
[12]. Therefore, for the above reasons, the Board APPROVES the Application for liquor licence made by 6633528 Canada Incorporated for indoor and outdoor licensed area at 3221 Derry Road West, Unit 23, Mississauga, Ontario, L5N 7L7, Establishment number 812747.
DATED AT TORONTO THIS 5th DAY OF SEPTEMBER , 2007.
DAVID C. GAVSIE, CHAIR S. GRACE KERR, BOARD MEMBER