Registrar, Alcohol and Gaming Commission of Ontario v. DTKB Enterprises Inc., 2008 CanLII 91746

IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended

BETWEEN:

Registrar, Alcohol and Gaming Commission of Ontario Registrar

-and-

DTKB Enterprises Inc. O/A Augusta House Applicant

-and-

Sharry Aiken Resident Objectors

DECISION

Panel: S. Grace Kerr, Board Member Joan Lougheed, Board Member

Decision Date: July 24, 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: Phillip Morris, Representative DTKB Enterprises Inc., Applicant/Licensee: Jerry Levitan, Representative Resident Objectors: Sharry Aiken, on her own behalf and on behalf of the objectors

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated May 29, 2008 to review an application for a liquor licence for additional areas from DKTB Enterprises Inc. (the "Licensee") operating as AUGUSTA HOUSE, 152A Augusta Avenue, Second Floor, Toronto, Ontario, M5T 2L5, liquor licence number 812840. A hearing of the Application was held on July 17, 2008 in the City of Toronto.

Decision

2On consent of all parties, the Board APPROVES the Application subject to the conditions on the licence set out below. Reasons follow.

Preliminary Matters

3Phillip Morris appeared on behalf of the Registrar. He advised that the Registrar took no position in regard to the Notice of Proposal.

4Ms. Sharry Aiken sought status as a party to the proceedings on behalf of the resident objectors, who had objected to the application. On consent, party status was granted.

Reasons

5Mr. Morris informed the Board that an agreement had been reached between the Licensee and the resident objectors. Ms. Aiken and Mr. Levitan submitted Minutes of Settlement (Exhibit 2) which forms part of the decision. On the basis of the agreement contained therein, the objectors support the Application for additional indoor areas totaling 196 persons.

6On consent of the parties, the Licensee agreed to install drywall soundproofing to the inside of the rear wall and replace the existing window with a new soundproofed window, both to the satisfaction of the signatory objectors to the Minutes of Settlement, prior to the issuance of the licence for additional facilities.

Order

7Based on the Minutes of Settlement filed (Exhibit 2), the Board APPROVES the Application for liquor licence made by DKTB Enterprises Inc. operating as AUGUSTA HOUSE, 152A Augusta Avenue, Second Floor, Toronto, Ontario, M5T 2L5, for total indoor capacity of 196, subject to the filing of all usual and required municipal clearance letters and application requirements, and subject to the requirements of paragraph 6 above.

8Further, on consent of all parties, the Board ORDERS that the following conditions be attached to the licence:

By August 1, 2008, the Licensee shall install a surveillance camera outside the rear door to the premises and facing the laneway.
The Licensee shall not permit live bands or live music in the licensed premises after 11:00 p.m. from Sunday to Wednesday, and after 12:00 a.m. (midnight) from Thursday to Saturday.
The Licensee shall ensure that sound from the licensed premises shall not cause an exceedance of municipal standards as measured outside the rear wall.
The Licensee shall provide residents with a phone number for complaints.
The Licensee shall not permit any outside sound system to be used in the premises without the prior approval of the signatory objectors, such approval not to be unreasonably withheld.

DATED AT TORONTO THIS 24th DAY OF JULY, 2008.

S. GRACE KERR, BOARD MEMBER

JOAN LOUGHEED, BOARD MEMBER

JL/cp

Attached

IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)

AND IN THE MATTER OF AN APPLICATION BY DTKB ENTERPRISES INC. FOR ADDITIONAL FACILITIES AT AUGUSTA HOUSE, 152A AUGUSTA AVENUE, SECOND FLOOR, TORONTO LICENCE NO. 0812840

AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED MAY 29, 2008

MINUTES OF SETTLEMENT

The licensee, after consultation with counsel and the objectors agree to the following minutes of settlement:

The licensee shall install drywall soundproofing to the inside of the rear wall and replace the existing window with a new soundproofed window, both to the satisfaction of the signatory objectors to these minutes of settlement, prior to the issuance of the licence for additional facilities.
The following conditions shall be added to the licence:
1. By August 1, 2008, the licensee shall install a surveillance camera outside the rear door to the premises and facing the laneway.
2. The licensee shall not permit live bands or live music in the licensed premises after 11:00 p.m. from Sunday to Wednesday, and after 12:00 p.m. from Thursday to Saturday.
3. The licensee shall ensure that sound from the licensed premises shall not cause an exceedance of municipal standards as measured outside the rear wall.
4. The licensee shall provide residents with a phone number for complaints.
5. The licensee shall not permit any outside sound system to be used in the premises without the prior approval of the signatory objectors, such approval not to be unreasonably withheld.

DATED AT TORONTO THIS 17TH DAY OF JULY, 2008.

RESPECTFULLY SUBMITTED,

for Licensee

for objectors