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-
6768105 Canada Ltd. Intending to O/A D G A Resto Café
Applicant
DECISION
Panel: David C. Gavsie, Chair Allan Higdon, Board Member
Decision Date: March 25, 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 ) Richard Kulis, Representative 6768105 Canada Ltd., Applicant ) Maria Divina Gracia Bautista, ) Representative
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 15997 dated February 13, 2008 to review an application for a liquor licence from 6768105 Canada Ltd. (the “Applicant”) intending to operate as D G A RESTO CAFÉ, 377 Marlee Avenue, North York, Ontario, M6B 3H9, establishment number 810286. A hearing of the Application was held on March 18, 2008 in the City of Toronto.
Preliminary Matters
2The Applicant requested that Maria Divina Gracia Bautista be designated as his representative for the hearing. The Chair informed the Applicant that he had a right to counsel. The Applicant stated that he waived that right and wished to be represented by Ms. Bautista.
3Mr. Kulis stated that two letters of objection had been filed. He requested that they be entered as an exhibit. The letters were admitted as Exhibit #1.
4Mr. Kulis stated that the Registrar was not taking a position on this application.
5The Chair noted the time as 9:55 a.m. Notification of the hearing was sent out to both objectors stating the hearing began at 9:30 a.m. on March 18, 2008 at the AGCO offices, address and contact phone number provided. None of the objectors was present.
6The Chair called Kristina Krause as a witness.
7Kristina Krause is Case Management Coordinator for the Hearings Department at the Alcohol and Gaming Commission of Ontario (“AGCO”).
8Ms. Krause testified that she sent out letters of notification of the hearing on February 26, 2008. One of the objectors had replied on March 14, 2008 that he could not attend the hearing as he was on vacation that week. No response was received from the remaining objector. The witness was excused.
9The Chair ruled that adequate notice of the hearing had been provided to the objectors on file.
For the Applicant
10The representative of the Applicant filed Exhibit #2, containing documentation and photographs of the premises. Included were criminal record checks of the Applicant and family (clear) and a petition of support signed by 87 people.
For the Registrar
11Mr. Kulis stated the Registrar had no concerns about the Applicant
Order
12Given the absence of any objectors to testify to the application and aware the Registrar has no concerns regarding the Applicant, the Board therefore CONFIRMS its oral ORDER that the application for a liquor licence from 6768105 Canada Ltd. intending to operate as D G A RESTO CAFÉ, 377 Marlee Avenue, North York, Ontario, M6B 3H9, establishment number 810286, be APPROVED, subject to all statutory conditions and municipal regulations..
DATED AT TORONTO THIS 25th DAY OF MARCH, 2008.
ALLAN HIGDON, BOARD MEMBER DAVID C. GAVSIE, CHAIR
AH/sm