Registrar, Alcohol and Gaming Commission Ontario v. Andy Poolhall Inc., 2007 CanLII 58210

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-

Andy Poolhall Inc. O/A ANDY POOLHALL Applicant/Licensee

-and-

Toronto Standard Condominium Corporation Number 1455, Clifford Ottaway, and Robert Vipond Objectors

DECISION

Panel: Kirsti Hunt, Vice-Chair Bruce Monteith, Board Member

Decision Date: December 13, 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 Andy Poolhall Inc., Applicant/Licensee ) David Winer, Representative Toronto Standard Condominium ) Corporation Number 1455 and ) Joanna Birenbaum, Representative Clifford Ottaway, Objectors ) Robert Vipond, Objector ) on his own behalf

1A hearing into Notice of Proposal number 15683 dated October 10, 2007 to review an application for additional licensed areas for liquor licence number 802979 issued to Andy Poolhall Inc., operating as ANDY POOLHALL, 489 College Street, Unit #1, Toronto, Ontario, M6G 1A5, was held on December 5, 2007 in the City of Toronto.

2Toronto Standard Condominium Corporation Number 1455 (TSCC 1455) and Dr. Clifford Ottaway, a resident, were granted party status as objectors by a Pre-Hearing Order dated November 13, 2007.

3Mr. Robert Vipond was made a party as an objector on the consent of all parties.

4As a preliminary matter a letter of support dated September 27, 2007 was made Exhibit 1. A package of objection letters and a petition were made Exhibit 2.

5At the hearing the parties presented an Agreement to the Board (Exhibit 3 attached), by which the Applicant agreed to certain conditions on the license in return for which the Objectors would withdraw their objections to the application.

Order

6The Board accepted the Parties’ Agreement and confirms its oral order to APPROVE the application by Andy Poolhall Inc. for additional licensed areas for the premises operated as ANDY POOLHALL, 489 College Street, Unit #1, Toronto, Ontario, M6G 1A5, subject to the receipt of all required Municipal compliance letters and licensing requirements and the Licensee’s compliance with the following terms:

1. The Licensee’s sound engineer shall produce a report recommending improved soundproofing and/or other measures to be undertaken by the Licensee to ensure that the premises comply with all applicable municipal noise by-laws by January 18, 2008. The report shall be delivered to Joanna Birenbaum, counsel for TSCC 1455 for review by TSCC 1455’s sound engineer. If TSCC 1455’s sound engineer has concerns with the Licensee’s expert report or other recommendations, the Licensee’s engineer and TSCC 1455’s engineer shall consult in an effort to arrive at recommendations made by the Licensee’s engineer that are agreeable to both parties.

2. If the experts cannot agree on the soundproofing and other measures described above by February 8, 2008, the parties shall engage a third engineer, jointly selected by the said parties with the costs to be borne equally. Such third party expert shall be retained by March 8, 2008 and shall complete her report on or before April 8, 2008. The recommendation of the third engineer shall be conclusive.

3. All soundproofing measures recommended by the expert(s) shall be completed by the Licensee by April 30, 2008, unless the appointment of a third expert makes this deadline impossible. If a third engineer is retained pursuant to paragraph 2 above, the soundproofing and/or other measures recommended by that expert shall be completed on or before June 8, 2008.

7Further, the Board ORDERS that the following conditions be attached to the licence:

1. The combined licence will permit a maximum interior capacity of 457.

2. The final soundproofing and/or other recommendations by the expert(s) completed in accordance with paragraph 6.3 above shall form part of the conditions on this Licence.

3. All windows shall remain shut at all times.

4. The sliding door on Markham Street shall remain closed and covered with soundproofing at all times, except in the event of an emergency. If the licensee replaces the sliding doors with sound proof fire doors, these doors shall remain shut at all times except in the event of an emergency and shall maintain at least the level of soundproofing required by the expert(s) pursuant to paragraph 7.2 above.

5. All other doors into and out of the Premises shall only be used to permit ingress and egress and shall not be held or propped open. This condition is applicable to the night time operation of the club, when DJ’s or live bands or performers are playing music.

6. From 11 pm until 30 minutes after closing, the licensee shall monitor the doors to the premises and the patrons congregating outside of the premises and shall make reasonable efforts to ensure that:

a. there is minimal leakage of noise from the premises through the open door(s); and,

b. the patrons do not congregate loudly or create disturbances outside of the premises. In this regard, if people are congregating loudly or creating a disturbance, the licensee will ask such people to stop and to respect the licensee’s neighbours.

7. Line-ups to enter the establishment must run west from the western-most door and be monitored by security personnel at all times.

8. The applicants shall provide a dedicated security/personnel cell phone number on an ongoing basis to the management/owners of the 301 Markham Street condominium corporation and to Mr. Robert Vipond, or other designate, of the Markham Street residents north of College.

DATED AT TORONTO THIS 13th DAY OF December, 2007.