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-
1747097 Ontario Limited O/A C.W. Coop’s Holland Landing Licensee
-and-
David Gingerich Objector
DECISION
Panel: S. Grace Kerr, Board Member; Guy Maurice, Board Member Decision Date: March 5, 2008 Hearing Location: Newmarket, Ontario
Appearances: Registrar, Alcohol and Gaming Commission: Phillip Morris, Representative 1747097 Ontario Limited, Licensee/Applicant: Dennis Jack Ryan King, officer, director and shareholder David Gingerich: On his own behalf and on behalf of the Objectors
The Application
1A hearing into a Notice of Proposal number 15904 dated January 16, 2008, to refuse to remove a condition on liquor licence number 811336 (the “Licence”) issued to 1747097 Ontario Limited (the “Applicant/Licensee”) operating as C. W. COOP’S HOLLAND LANDING, 19415 Yonge Street, Unit 1, Holland Landing, Ontario, L9N 1L8, was held on February 14, 2008 in Newmarket, Ontario. The condition reads “1. Sale and service of alcohol shall cease at 11:00 p.m., Sunday to Saturday.”
Decision
2After carefully considering all of the evidence and the submissions, the Board FINDS that there has been a change in circumstances to justify the removal of the condition and, accordingly, APPROVES the Licensee’s application to have the existing condition removed from its licence subject to the following. The Board also ORDERS that a condition be imposed upon the licence to read as follows: “The sale and service of alcohol shall cease at midnight every night.” The Board’s reasons follow.
Preliminary Matters
3Dennis Jack Ryan King is a shareholder/officer/director of the corporate Applicant Licensee. He appeared on behalf of the corporation and waived the right to be represented by a licensed representative.
4On consent of all parties, the Board ORDERED that David Gingerich be given party status on behalf of the resident objectors.
Applicant’s Evidence
5Dennis Jack Ryan King is the owner of the corporate licence holder and is married to Kirsty King. Together, he and Mrs. King manage the establishment. For several years while he was in his early 20’s, he worked as a bartender/server on a part-time basis. Currently, in addition to working in the establishment about 3-4 times per week, usually in the evening, he works for the Town of Georgina, in charge of road maintenance. He is also a volunteer firefighter.
6The establishment is located in a strip plaza in Holland Landing. It has access to about 50 parking spots to its rear, mostly in the evenings when the other businesses in the plaza are closed, as well as to about 15-20 parking spots available out front. The plaza’s other main tenants are a mechanics’ garage, a health care centre, a grocery store, a donut shop, and pizza and Chinese food restaurants.
7Mr. King testified that various changes have taken place since he purchased the establishment on October 9, 2007. The establishment is now open during the day, which has made the establishment accessible and attractive to local businesses. A number of the businesses whose employees now frequent the establishment are set out in Exhibit 6. According to Mr. King, the people who work for these businesses will often return to the establishment in the evenings with their families and friends. He concludes that “this change in clientele has made a positive impact in the atmosphere at (his) establishment”: “(They) are now known for being family friendly”. He stated that this type of clientele has further continued to grow because the establishment has also changed and expanded its menu.
8Mr. King stated that the establishment has been approached to sponsor local teams and leagues, which he hopes to do. Members of such teams have also told him that they would like to come into the establishment for food and drinks following their games. However, the establishment is currently unable to accommodate them between the times when they would typically arrive, that is, at around 10:20 p.m., and 11:00 p.m., which is when the establishment is no longer allowed to serve alcohol. He says that the senior men’s hockey league, the police hockey league and the volunteer firefighters are experiencing the same inconvenience.
9Exhibit 5 shows that liquor to food sales from December 1, 2007 to February 12, 2008 stand at approximately 40:60. This ratio was reversed (that is, about 60:40) from the establishment’s previous ownership. The establishment has lost income from liquor sales as the “unpleasant clientele that (they) previously had have now gone elsewhere” (quoted from Exhibit 6).
10Mr. King testified that he and his wife are very active, hands-on operators. They have specifically discouraged former (undesirable) clientele from visiting their premises. According to Mr. King, positive changes in the establishment’s appearance, attitudes and demeanour are further and visibly reflected in the employee’s new uniforms.
11Mr. King does not believe that the Resident Objectors’ property values will decrease as a result of the establishment being given the opportunity to stay open an extra hour.
12In cross-examination by Mr. Morris, Mr. King told the Board that the establishment is a franchised operation. There is nothing in the franchise agreement that restricts the sale of alcohol or restricts the ratio of liquor to food sales. His target clientele is the ‘average family’, with 1-2 children, with parents who work days and do not wish to travel into Newmarket to have a meal in the evening.
13Mr. King’s establishment has been approached for late evening food and drinks by the local women’s and police hockey teams, the local volunteer firefighters, and the local women’s baseball team. According to Mr. King, the needs of such groups would be served if the establishment was able