Registrar, Alcohol and Gaming Commission Ontario v. Yemane Kidane, 2008 CanLII 16819

ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended

BETWEEN:

Registrar, Alcohol and Gaming Commission Ontario Registrar

-and-

Yemane Kidane operating or intending to operate as Zemen Sports Bar and Café Applicant

-and-

City of Toronto Intervenor

-and-

Christie Ossington Residents’ Association Objector

DECISION

Panel: Patricia McQuaid, Vice-Chair Beryl Ford, Board Member

Decision Date: March 13, 2008 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 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative Yemane Kidane, Applicant ) Mark Joseph, Representative City of Toronto ) Ray Kallio, Representative Christie Ossington Residents’ Association ) Angela Burns, on her own behalf and on the behalf of the objector

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated January 16, 2008 to review an application for liquor licence from Yemane Kidane (the “Applicant”) operating or intending to operate as ZEMEN SPORTS BAR AND CAFÉ, 842 Bloor Street West, Toronto, Ontario, M6G 1M2, establishment number 200039. A hearing of the application was held on March 5, 2008 in the City of Toronto.

Decision

2After considering the exhibits filed and submissions, the Board APPROVES the application subject to the conditions on the licence set out below. Reasons follow.

Preliminary Matters

3Sujin Chan, Registrar’s Representative, stated that the Registrar took no position regarding the Notice of Proposal.

4The City of Toronto (the “City”) had previously been granted party status at the pre-hearing conference held on February 22, 2008.

5Ms. Angela Burns sought status as a party to the proceedings on behalf of the Christie Ossington Residents’ Association (CORA), which had objected to the application. On consent of the parties, party status was granted.

Reasons

6Mr. Kallio, Ms. Burns and Mr. Joseph submitted a Consent with Schedule A attached (Exhibit 2), which forms part of this decision. The parties confirmed that the terms and conditions were developed in conjunction with the City, the Applicant and the Resident Objectors, and on the basis of the agreement contained therein, the City and the CORA support the liquor licence application.

Order

7Based on the Consent and Schedule A and the submissions of the parties, the Board APPROVES the Application for liquor licence made by Yemane Kidane operating or intending to operate as ZEMEN SPORTS BAR AND CAFÉ, 842 Bloor Street West, Toronto, Ontario, M6G 1M2, subject to the filing of all usual and required municipal clearance letters and application requirements.

8Further, the Board ORDERS that the following conditions be attached to the licence:

1. At all times while the Licensed Premises are open, the Licensee shall ensure that there is a clearly visible and functioning high-resolution video security camera so as to view, monitor and record the rear exit at the laneway of the Licensed Premises
2. The Licensee shall store and retain the video and digital records from the video security camera for at least 30 days and make the DVD or video tape available immediately to police officers or liquor licence inspectors upon request.
3. Except in the event of an emergency, all patrons shall enter and exit the Licensed Premises only through the front entrance off Bloor Street West.
4. Except for New Year’s Eve, Victoria Day, Canada Day, Labour Day and Thanksgiving Day, the Licensee shall not sell or serve alcohol after 10:00 p.m. local time on Mondays and Tuesdays and shall remove all evidence of service by 10:45 p.m. and shall not permit patrons to enter or remain in the Licensed Premises past 11:00 p.m. on Mondays and Tuesdays.
5. The Licensee shall install lighting at the rear exit, facing the laneway, of the Licensed Premises so that the back of the building is fully lighted and that these lights are fully operational and turned on by way of a motion-detection device.
6. All employees who work at the Licensed Premises must successfully complete an AGCO-approved server training course within sixty (60) days of the attachment of these conditions to the liquor licence of the Licensed Premises or at the start of employment at the Licensed Premises.
7. The licensee shall provide the Ward Councillor with a working telephone number where the Licensee can be reached during the hours when the Licensed Premises are open.

9And further, the Board ORDERS pursuant to the Consent, that a copy of the liquor licence as issued will be provided to the City, and that the City of Toronto is to be notified should the Licensee or his successor make application to the Registrar of the AGCO to remove any or all of the conditions on the licence, as set out in paragraph 8.

DATED AT TORONTO, THIS 13th DAY OF MARCH, 2008.