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-
West Village Market Pub Inc. operating as or intending to operate as Charlie West
Applicant
-and-
Brian McHattie
Objector
DECISION
Panel: David C. Gavsie, Chair
Beryl Ford, Board Member
Decision Date: October 24, 2007
Hearing Location: Hamilton, Ontario
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 300
Toronto ON M2N 0A4
Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876
Fax: (416) 326-5566
Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative
West Village Market Pub Inc. ) Mark Tiley, Representative
Brian McHattie ) on his own behalf and on
) behalf of a group of resident
) objectors
The Application
- A hearing of the Alcohol and Gaming Commission of Ontario (“AGCO”) was held in Hamilton on Tuesday, October 16, 2007 regarding Notice of Proposal number 15608 issued by the Deputy Registrar on August 24, 2007 to review an application for a liquor sales licence (the “NOP”) made by West Village Market Pub Inc. (the “Applicant”) operating or intending to operate as CHARLIE WEST (the “Application”), 1686 Main Street West, Hamilton, Ontario (the “Premises”), establishment number 812836.
Decision
- The Application is allowed. Reasons follow.
Preliminary Matters
Registrar’s representative stated that the Registrar is not taking a position regarding the NOP. She did place into evidence correspondence from people objecting to the application and a resolution passed by Hamilton City Council on July 11, 2007 calling for a hearing on the Application and asking for more time to carry out processes to hear from residents (Ex. 1).
On consent, Hamilton Councillor Brian McHattie was made a party representing the objectors.
Reasons
After discussion among the representatives of the parties, conditions to be placed on the licence were considered and agreed to. Councillor McHattie said that if the conditions were placed on the licence, then the objectors would withdraw their objections. The Applicant’s representative stated that the Applicant agreed with these conditions being placed on the licence.
Given the parties’ agreement and having considered the proposed conditions the Board allowed the application.
Order
- The Board ORDERS that a liquor sales licence be issued to the Applicant, with the conditions set out below to be placed on the licence:
a) capacity shall be limited to 160 indoors and 50 on the outdoor patio;
b) no live entertainment or amplified sound shall be permitted on the outdoor patio;
c) a log shall be kept by the licensee having entries for security patrols, activities and issues, relating to the establishment;
d) on evenings when security is in place, security starting at 10 pm shall patrol the licensed premises and exterior perimeter area at least hourly until closing; and
e) on evenings when no security is in place, the owner of the licensee or the person in charge of the premises shall perform the patrols referred to in the immediately preceding paragraph.
DATED AT TORONTO THIS 24th DAY OF October, 2007.
DAVID C. GAVSIE, CHAIR BERYL FORD, BOARD MEMBER
DCG/ee
Attached