Registrar, Alcohol and Gaming Commission Ontario v. 2144612 Ontario Ltd., 2008 CanLII 6134

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-

2144612 Ontario Ltd., Intending to operate as Brad’s Takeout & Eatery Applicant

-and-

City of Toronto Intervenor

DECISION

Panel: Beryl Ford, Board Member Dianne Axmith, Board Member

Decision Date: January 15, 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 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Daniel Alakas, Representative 2144612 Ontario Ltd., Applicant ) Bradley Krawchuk City of Toronto ) Ray Kallio, Representative Naomi Kriff ) ) on her own behalf

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 15759 dated November 14, 2007, to review an application by 2144612 Ontario Ltd., for a liquor licence at Brad’s Takeout & Eatery, 325 Roncesvalles Avenue, Toronto, Ontario, M6R 2M6, establishment number 812978. A hearing of the Application was held on January 7, 2008, in the City of Toronto.

Decision

2After considering all the evidence and submissions the Board approves the Application on the conditions set out below. Reasons for these findings follow.

Preliminary Matters

3Daniel Alakas advised the Board that the Registrar took no position on the public interest aspects of the hearing.

4The City of Toronto was granted party status by a Pre-hearing Order dated December 17, 2007, to represent the resident objectors.

5The Applicant was represented by Bradley Krawchuk, a principal of the corporation. He waived the Applicant’s right to legal representation.

Evidence

6The Board was informed that an agreement had been reached between the City and the Applicant. The proposed conditions on the license had been shared with the Resident objectors and the objectors had agreed to them. Their Consent and Schedule A (Exhibit # 1) are attached to and form part of this decision.

7Naomi Kriff was present and asked to express her objections to the application. She did not ask to be made a party to the proceeding. The Board allowed her to make a statement. Ms. Kriff stated that she had not seen or been made aware of the conditions that had been agreed to by the City and the Applicant. She was not part of the group of objectors.

8After listening to the information and the conditions consented to by the Applicant, Ms. Kriff withdrew her objection.

Reasons

9After considering the parties’ agreement and reviewing the proposed conditions, the Board approves the Application.

Order

10The Application made by 2144612 Ontario Ltd for a liquor licence at Brad’s Takeout & Eatery, 325 Roncesvalles Avenue, Toronto, Ontario, M6R 2M6, is APPROVED subject to compliance with all statutory conditions and municipal regulations.

11Further, the Board ORDERS that the following conditions are attached to the licence:

1. The Licensee shall cease the sale and service of alcohol every night at 11:00 p.m. and shall remove all evidence of service by 11:45 p.m.
2. The Licensed premises shall operate as a restaurant and lounge and not as a “hybrid” or a nightclub. A hybrid is defined as a restaurant that becomes a nightclub after 10:30 p.m. and nightclub is defined as an establishment that focuses primarily on dancing and drinking, with little or no food service and a cover charge for patrons to enter.
3. There will be no amplified sound from any part of the Licensed Premises causing audible noises to any residential building after 11:00 pm.
4. The Licensee shall ensure that a seat is available for every patron.
5. The Licensee shall provide a telephone number to the Ward Councillor which telephone number residents may use to register concerns or complaints and which will be answered during hours of operation of the Licensed Premises.
6. The Licensee shall not charge a cover charge except for special charity or corporate events.
7. The Licensed Premises shall not have a dance floor except for special events
8. The Licensee shall not make a liquor licence application (permanent, temporary or special occasion) for an outdoor area of the Licensed Premises without notifying, in writing, the Ward Councillor.
9. The Licensee shall not make a liquor license application (permanent, temporary or special occasion) to extend the hours of sale and service of alcohol beyond 11:00 p.m. without notifying, in writing, the Ward Councillor.
10. In the event that the Licensed Premises are sold or come under new management, the Licensee shall notify, in writing, the Ward Councillor.

DATED AT Toronto, this 15^th day of January , 2008.

BERYL FORD, BOARD MEMBER DIANNE AXMITH, BOARD MEMBER

BF/ee

Attached

ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF THE LIQUOR LICENCE ACT, R.S.O. 1990, C. L. 19

AND IN THE MATTER OF THE LIQUOR LICENCE OF 2144615 ONTARIO LTD., BRADLEY KRAWCHUK PRINCIPAL, OPERATING AS BRAD’S TAKEOUT AND EATERY, 325 RONCESVALLES AVENUE, TORONTO, ONTARIO

APPLICATION NO. 812978

CONSENT

WHEREAS 2144612 Ontario Ltd. (“Licensee) and the City of Toronto (“City”), collectively referred to as the “Parties”, have resolved all outstanding matters with respect to the liquor licence application by the Licensee for the licensed premises known as 325 Roncesvalles Avenue, Toronto (“Licensed Premises”);

AND WHEREAS the City supports the application for a liquor licence for the Licensed Premises provided that the conditions, as set out in Schedule A attached to this Consent, are attached to the liquor licence of the Licensee for the Licensed Premises;

AND WHEREAS the Licensee has agreed to have the said conditions as set out in Schedule A attached to this Consent, attached to the liquor licence of the Licensee for the Licensed Premises;

NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Parties agree as follows:

(a) To request that the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issue a liquor licence to the Licensee for the Licensed Premises, attaching the conditions as set out in Schedule A attached to this Consent;

(b) That the City receive a copy of the liquor licence as issued ; and

(c) That the City be notified should the Licensee or its successor make application to the Registrar to remove any or all of the said Conditions.

Dated at Toronto this 7^th day of January, 2008

SCHEDULE A

Conditions to be attached to Liquor Licence for 325 Roncesvalles Avenue, Toronto

1. The Licensee shall cease the sale and service of alcohol every night at 11:00 p.m. and shall remove all evidence of service by 11:45 p.m.
2. The Licensed premises shall operate as a restaurant and lounge and not as a “hybrid” or a nightclub. A hybrid is defined as a restaurant that becomes a nightclub after 10:30 p.m. and nightclub is defined as an establishment that focuses primarily on dancing and drinking, with little or no food service and a cover charge for patrons to enter.
3. There will be no amplified sound from any part of the Licensed Premises cause audible noises to any residential building after 11:00 pm.
4. The Licensee shall ensure that a seat is available for every patron.
5. The Licensee shall provide a telephone number to the Ward Councillor which telephone number residents may use to register concerns or complaints and which will be answered during hours of operation of the Licensed Premises.
6. The Licensee shall not charge a cover charge except for special charity or corporate events.
7. The Licensed Premises shall not have a dance floor except for special events
8. The Licensee shall not make a liquor licence application (permanent, temporary or special occasion) for an outdoor area of the Licensed Premises without notifying, in writing, the Ward Councillor.
9. The Licensee shall not make a liquor license application (permanent, temporary or special occasion) to extend the hours of sale and service of alcohol beyond 11:00 p.m. without notifying, in writing the Ward Councillor.
10. In the event that the Licensed Premises are sold or come under new management, the Licensee shall notify, in writing, the Ward Councillor.