Registrar, Alcohol and Gaming Commission of Ontario v. Mary-Ellen (Sam) Major, 2008 CanLII 52589

Registrar, Alcohol and Gaming Commission of Ontario

Registrar

-and-

Mary-Ellen (Sam) Major operating as Sam’s / Brass Racks

Applicant

Panel:, Brian J. Ford, Board Member

Allan Higdon, Board Member

Decision Date: August 27, 2008

Hearing Location: Brockville, 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

Appearances

Registrar, Alcohol and Gaming Commission ) Daniel Alakas, Representative

Mary-Ellen (Sam) Major, Applicant ) On her own behalf

The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 16453 dated July 4, 2008, to review an application from Mary-Ellen (Sam) Major, (the “Applicant”) operating as SAM’S / BRASS RACKS, 24 Perth Street, Brockville, Ontario, K6V 5C2, (the “Premises”), liquor licence number 802061, for an additional outdoor capacity of 31 persons on the basis that the AGCO has received one or more written objections to the application from residents of the municipality. A hearing of the Application was held on August 6, 2008, in the City of Brockville.

After considering all the evidence and submissions the Board APPROVES the Application on the condition set out below. Reasons for these findings follow.

Daniel Alakas appeared on behalf of the Registrar. He advised the Registrar took no position on the public interest aspects of the hearing.
Mary-Ellen Major is the owner of the Premises. She appeared on her own behalf and waived the right to be represented by a licensed representative.
Winston Lau 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. Lau be made a party to the proceedings.

This matter was resolved when the sole objector, Mr. Lau, withdrew his objection after the parties agreed to the inclusion of the condition that form part of this Decision.

For the above reasons the Board APPROVES the Application for liquor licence made by Mary-Ellen (Sam) Major, operating as SAM’S / BRASS RACKS, 24 Perth Street, Brockville, Ontario, K6V 5C2, liquor licence number 802061 for additional outdoor capacity of 31 persons, subject to all statutory conditions and municipal regulations.
Further, on consent, the Board orders that the following conditions be attached to the licence:

The licence holder shall make all reasonable efforts to ensure that patrons of the establishment use only the licensed patio area for smoking and socializing outside the indoor premises.
The licence holder shall make all reasonable efforts to ensure that patrons of the establishment do not use the area outside the side entrance for smoking and/or socializing. These efforts shall include removing any ash trays from that area and posting signs visible in that area directing patrons to use only the front patio area for smoking and socializing outside the indoor premises.

DATED AT TORONTO, THIS 27^th day of August , 2008.

BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER

BJF/ee