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
Waterfalls Indian Tapas Bar & Grill Inc. operating or intending to operate as Waterfalls Indian Tapas Bar & Grill Applicant
-and-
Chris DeVita Objector
DECISION
Panel: Patricia McQuaid, 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 Fax (416) 326-5566 Website: agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Dan Alakas, Representative Waterfalls Indian Tapas Bar & Grill Inc., Applicant ) John Zeiler, Representative Chris DeVita ) On his own behalf and on behalf of the Objectors
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal number 15735 dated November 1, 2007 to review an application made by Waterfalls Indian Tapas Bar & Grill Inc., for a liquor licence from Waterfalls Indian Tapas Bar & Grill, 118 Wexford Boulevard, Scarborough, Ontario, M1R 1L6, establishment number 812907. A hearing of the application was held on December 6, 2007 in the City of Toronto.
Decision
- After considering all the evidence and submissions, the Board approves the Application. Reasons follow.
Preliminary Matters
- Dan Alakas appeared on behalf of the Registrar. He advised the Panel that the Registrar took no position on the application. Further, on consent of the parties, Mr. Chris DeVita was made a party to the proceedings on behalf of the resident objectors.
Reasons
The Board heard evidence from two resident objectors, Cara Valiquette and Grey Coyote, each of whom expressed their concern with another licensed establishment in their neighbourhood. They have experienced ongoing problems with one particular licensed establishment which they initially understood was to be a restaurant, but which has been run as a nightclub. They did not have any concerns about this particular applicant, but rather about what the establishment might evolve into should there be, for example, a transfer of the licence.
After hearing the evidence from the two witnesses, the Board recessed to allow the parties to discuss, and potentially resolve, the issues between themselves. At the resumption of the hearing, Mr. DeVita informed the Board, on behalf of the resident objectors, that he wished to withdraw the objections to the application. No conditions on the licence were requested by the objectors.
Order
- Therefore, having confirmed and accepted the withdrawal of the objections to the application, the Board APPROVES the application from Waterfalls Indian Tapas Bar & Grill Inc., for a liquor licence for Waterfalls Indian Tapas Bar & Grill, 118 Wexford Boulevard, Scarborough, Ontario, M1R 1L6, subject to the filing of all usual and required clearance letters and application requirements.
DATED AT TORONTO, THIS 13th DAY OF December, 2007.
PATRICIA MCQUAID, VICE CHAIR
BRUCE MONTEITH, BOARD MEMBER
PM/ee