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-
1456500 Ontario Limited O/A or intending to O/A Waltonian Inn Applicant
-and-
Mickey Wallace Resident Objector
DECISION
Panel: David C. Gavsie, Chair of AGCO Guy Maurice, Chair of Panel
Decision Date: May 6, 2008
Hearing Location: North Bay, 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 , Applicant ) 1456500 Ontario Limited, Applicant ) Aaron Peterkin, Representative Party to the Proceedings ) Mickey Wallace, on his own behalf ) and on behalf of the objectors
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 15593 dated August 20, 2007 to review an application for liquor licence number 80066 issued to 1456500 Ontario Limited (the "Applicant") operating or intending to operate as WALTONIAN INN, Waltonian Drive, Nipissing Township, Callander, Ontario, P0H 1H0, for an additional outdoor area. A hearing of the Application was held on April 8, 2008, in the City of North Bay.
Preliminary Matters
2Richard Kulis appeared on behalf of the Registrar. He advised the Registrar took no position on the public interest aspects of the hearing.
3Mickey Wallace is a resident of the municipality and objects to the Application for licence. He appeared before the Board on his own behalf. On consent of all parties, the Board ORDERED Mr. Wallace, be made party to the proceedings.
4The Board reserved its decision on the application at the conclusion of the hearing.
5After the hearing, the Board was informed the parties had reached an agreement and, on consent, the parties proposed a condition to be attached to the licence. This would allow for the approval of the Application.
6Having reviewed the proposed condition, the Board is satisfied that the agreement by the parties adequately addresses the concerns of the outstanding objectors.
Order
7Therefore, the Board APPROVES the Application by 1456500 Ontario Limited operating or intending to operate as WALTONIAN INN, Waltonian Drive, Nipissing Township, Callander, Ontario, P0H 1H0, subject to all statutory conditions and municipal regulations.
8On consent of the parties, the Board ORDERS that the following condition be attached to the licence:
The holder of the licence shall not permit any live or amplified music or noise that arises directly or indirectly from entertainment on the premises or from the sale and service of liquor to be projected onto the proposed additional north-west licensed patio area which can be heard by persons who reside adjacent to or near the premise.
DATED AT TORONTO THIS 6th DAY OF MAY, 2008.
DAVID C. GAVSIE, CHAIR OF AGCO GUY MAUCRICE, CHAIR OF PANEL
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