IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c. L. 19 s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
ANDY POOLHALL INC. OPERATING AS ANDY POOLHALL
489 COLLEGE STREET, UNIT #1, TORONTO
LICENCE NO. 802979
O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a pre-hearing teleconference on November 2, 2007 pursuant to Notice of Proposal number 15683 dated October 10, 2007 to review the application for additional licensed areas for licence issued to Andy Poolhall Inc. operating as Andy Poolhall, 489 College Street, Unit # 1, Toronto, Ontario, MJ6 1A5, licence number 802979;
AND WHEREAS the Registrar's Representative, Richard Kulis, the Licensee's Representative, David Winer, and Joanna Birenbaum, Representative of the Objectors Clifford Ottaway and the 301 Markham Street Condominium Corporation, were present on the conference call and participated in the pre-hearing. Robert Vipond, representing other Markham Street residents, was not in attendance on the conference call;
AND WHEREAS these matters are scheduled for a hearing commencing November 19, 2007;
THEREFORE, the Board ORDERS as follows:
The hearing date of November 19, 2007 will be adjourned on consent upon Ms. Birenbaum's confirmation to Mr. Kulis of Dr. Ottway's inability to attend on that date. Mr. Kulis will advise the Case Management Co-ordinator if the adjournment is required. If the November 19, 2007 hearing date is adjourned the hearing will commence on December 5, 2007 and this date is peremptory on all parties;
Clifford Ottaway and the 301 Markham Street Condominum Corporation are granted party status as Objectors to the application on consent of the parties. Ms. Birenbaum will provide the correct legal name of the Condominium Corporation to the Board prior to the commencement of the hearing;
Robert Vipond's request for status as an objector to the application will be considered at the first day of the hearing in this application unless all parties provide their written consent to his being made a party objector before November 19, 2007;
At least ten (10) days before the hearing date the Licensee, through its Representative, shall disclose a list of its witnesses and a summary of each witness' evidence to the Registrar's Representative and the Objector's Representative pursuant to Rule 7.3(e) of AGCO Rules of Practice and also make all disclosures required by Rule 7.4;
The Registrar's Representative will provide its Rule 7.4 disclosures to the Licensee's Representative and the Objectors' Representative at least ten (10) days before the hearing date.
DATED AT TORONTO THIS 13th DAY OF November, 2007.
GUY MAURICE, MEMBER
GM/ee