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-
3242099 Canada Inc. O/A Déjà Vu Café Bar
Licensee
DECISION
Panel: Allan Higdon, Board Member
Decision Date: October 22, 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 Toll Free In Ontario: 1-800-522-2876
Fax: (416) 326-5566
Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
3242099 Canada Inc., Licensee ) Jean-Claude Gélinas, Representative
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 15334 dated June 13, 207 to refuse to remove a condition on liquor licence number 23022 issued to 3242099 Canada Inc., operating as Déjà Vu Café Bar, 882 Main Street East, Hawkesbury, Ontario, K6A 1B6. A hearing of the Application was held on August 14, 2007 in the City of Hawkesbury and, by telephone conference call, on October 16, 2007 in the City of Toronto.
Decision
2After considering all the evidence and submissions the Board approves the Application on the conditions set out below. Reasons for these findings follow.
Reasons
3The Licensee applied to remove a condition on the licence requiring that:
Garage doors leading to the outdoor areas are to be closed at 11:00 p.m. daily
The Licensee consented to the imposition of the above condition, as well as two others, in 1998.
4The Registrar opposed the removal of the condition on the grounds that residents in the immediate vicinity of the Licensee opposed its removal and there had been no change in circumstances.
5By letter dated September 17, 2007 the representative of the Licensee advised the Board that the resident objectors had agreed to withdraw their objections on conditions and that the Registrar had agreed to withdraw the Notice of Proposal subject to the imposition of new conditions on the License. He asked the Board to resume the hearing by way of telephone conference call so as to conclude the proceeding.
6At the October 16, 2007 hearing a Notice of Withdrawal of Objections dated September 13, 2007, signed by Ronald Lavictoire on behalf of all Objectors and the Licensee was made Exhibit 1.
Order
7For the above reasons the Board APPROVES the application for removal of all previous conditions on the liquor licence made by 3242099 Canada Inc., operating as Déjà Vu Café Bar, 882 Main Street East, Hawkesbury, Ontario, K6A 1B6.
8Further, the Board orders that the following conditions be attached to the licence on consent:
that the garage door furthest to the south west facing the Leduc property shall be closed between 11:00 p.m. and 8:00 a.m. daily;
that if and when the Band audio system is to be used, all garage doors are to be closed after ll:00 p.m.;
that there shall be no amplified sound from the outdoor patio area after 9:00 p.m. daily;
that a fence be erected along the western extremity of the parking lot between the property line of the Licensee and the Leduc property.
DATED AT TORONTO THIS 22nd DAY OF October, 2007.
ALLAN HIGDON, BOARD MEMBER
AH/ee
Attached
ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF THE LIQUOR
LICENCE ACT NOTICE OF
PROPOSAL # 15334 CONCERNING LICENCE # 23022,
DÉJÀ VU CAFÉ BAR
NOTICE OF WITHDRAWAL OF OBJECTIONS
TAKE NOTICE THAT:
All of the objectors, duly represented by Mr. Ronald Lavictoire as their appointed agent,
hereby withdraw their objection to the Licensee’s request to remove the restrictions attached to Liquor Licence No. 23022 conditional upon the Commission imposing the following new restrictions, namely:
that the garage door furthest to the south west facing the Leduc property shall be closed between 11:00 p.m. and 8:00 a.m. daily;
that if and when the Band audio system is to be used, all garage doors are to be closed after ll:00 p.m.;
that there shall be no amplified sound from the outdoor patio area after 9:00 p.m. daily;
that a fence be erected along the western extremity of the parking lot between the property line of the Licensee and the Leduc property.
Agreed to and signed this 13th day of September, 2007.
Ronald Lavictoire,
On behalf of the Objectors
324099 CANADA INC.
O/A DÉJÀ VU CAFÉ BAR
Per: _____________________
Tony Tsourounakis