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 of Ontario Registrar
-and-
John Oliveira operating or intending to operate as J.P’s Café & Bar Applicant
-and-
Wallace Radford, Muhammad Iqbal Khan, Amna Syed Resident Objectors
DECISION
Panel: Dianne Axmith, Board Member; Beryl Ford, Board Member Decision Date: December 1, 2008 Hearing Location: Brampton, 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 John Oliveira, Applicant ) David Winer, Representative Wallace Radford, Muhammad Iqbal Khan, Amna Syed ) Resident Objectors
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued a Notice of Proposal number 16688 dated October 15, 2007 to review an application for liquor licence from John Oliveira (the “Applicant”) operating or intending to operate as J.P’S CAFÉ AND BAR, 20 Red Maple Drive, Unit 10, Brampton, Ontario, L6X 4N7, establishment number 813511, 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 November 20, 2008, in the City of Brampton.
Decision
- After considering all the evidence and submissions the Board APPROVES the Application. Reasons follow.
Preliminary Matters
- Richard Kulis appeared on behalf of the Registrar. He advised the Registrar took no position on the public interest aspects of the hearing.
Resident Objectors’ Evidence
Mr. Wallace Radford resides one street away from the establishment known as J.P’s Café and Bar.
Mr. Radford testified that the establishment is located in a strip shopping plaza that has had incidents that have caused great concern to the neighbourhood. He described one incident that involved the random murder of two individuals last spring.
Mr. Radford expressed concern with the possibility of a licensed establishment in the plaza, generating further violence.
Mr. Radford told the Board that to his knowledge there are no other bars in the area. There are two elementary schools within a block and a half away from the plaza. Children visit the plaza frequently on their way to and from school.
The plaza is a place where families shop regularly and there is a housing subdivision close to the plaza.
In cross examination, Mr. Radford said that when the murders took place, many police arrived and disturbed what is a normally quiet area. He agreed that the crime took place at 12:00 noon. He does not know the details of the crime or if alcohol was involved.
Mr. Radford confirms that J.P’s Café and Bar was not established at the plaza when the murders took place. The premises operated as a bakery which he visited occasionally. He has not visited J.P’s Café and Bar.
Mr. Radford has not spoken to the Applicant, Mr. Oliveira, about his concerns. He indicated he is not concerned with Mr. Oliveira but is concerned about the people who will frequent the establishment and drink alcohol. He expressed the opinion that people go crazy when they drink.
Some places can become ‘booze cans’ and others can be nice, he doesn’t know what this one will be like. He stated that he was a trucker and worked with people who drink alcohol and knows their behaviour.
Mr. Radford stated children should not be exposed to alcohol, and expressed concern for the young children from the local schools. He agreed that he visits the Hasty Market in the plaza.
Mr. Winer asked Mr. Radford if he was concerned about the pornographic magazines that are available at the Hasty Market and located where children can see them.
Mr. Radford indicated he was not aware of this material being available at Hasty Market. Mr. Radford testified that he does not object to children being in the plaza, his concern is that people who drink may harm children.
Muhammad Iqbal Khan lives about two and a half kilometres from the plaza. He is a new immigrant to Canada and has lived here about two and half years.
He visits the shopping plaza 3 – 4 times weekly to shop. He told the Board that he is Muslim and does not drink alcohol.
Mr. Khan indicated his objections to a licensed establishment at the small plaza, which he described as housing about ten stores. His concern is for women with small children who shop at the plaza.
He stated that his objections are not only for his own benefit but also for other people in the area who he is concerned about, such as women and children.
In cross examination, Mr. Khan responded that he shops mostly in the evenings at the plaza, he generally buys meat and groceries at the Halal meat store.
He stated that he reads about violence in the newspapers. He expressed his concern that people who drink “don’t have their senses”. He is concerned about what the effects of people who drink alcohol can have on children.
In response to Mr. Winer, Mr. Khan stated that access to licensed places should be restricted from women and children. He considers the area where the plaza is located as a safe area in town.
Mr. Khan confirmed his belief that a liquor licence should not be issued to the Applicant as women and children frequent the plaza to shop.
Ms. Amna Syed lives close to the plaza. She visits the plaza almost every day, usually after she finishes work at about 8:00 p.m.
Ms. Syed testified that a bar selling alcohol would be a problem for her and her family. In her opinion, which she based on her reading of the subject, alcohol and violence are related.
She is concerned that people will get drunk and do ‘feared stuff’. She referenced statistics on alcohol and violence, but agreed she had no experience in criminology and the information she had was from reading materials. She had nothing to support the accuracy of the information she provided as part of her testimony.
Ms. Syed stated that there is a grocery store and a Montessori daycare centre at the plaza. She offered her opinion that people who want to send their children to the Montessori daycare would second guess whether they want to their children to go there.
In cross examination Ms. Syed said that she had received the objectors’ letter when it was taped to her door in her apartment. She was not involved in organizing the objectors’ letter and after signing it mailed it back to the address given. She was not aware if a local Mosque located about 2 km from the plaza was involved in the objections.
Ms. Syed stated that she had nothing against the Applicant. She doesn’t know him, but she is concerned about people who may frequent the establishment. She believes that the Applicant will probably follow the rules, but incidents still happen and the Applicant would be unable to stop fights taking place.
Applicant’s Evidence
Mr. John Oliveira is 29 years old. He is married and has a family. He lives approximately one minute from the plaza. He has lived there for the past 8 years, and resided in Brampton for 18 years.
Mr. Oliveira applied for a liquor licence on August 20th, 2008 for a capacity of 30 persons for the indoor area of the premises known as J.P’s Café and Bar.
Mr. Oliveira applied for and received all the necessary permits required to operate the business from the the City of Brampton.
Mr. Oliveira signed a 5 year lease in August 2008 with the owner of the plaza at a monthly rent of $2,400. The owner of the plaza is fully supportive of the Applicant operating the premises with a liquor licence and indicated to Mr. Oliveira that his establishment would be good for the plaza.
Mr. Oliveira testified that the murder at the plaza that objectors referred to took place in May of 2008. He did not have any business at the plaza at that time. He was only aware of the crime from TV reports.
Police later reported to the media that the perpetrator was on drugs when he committed the crime.
Mr. Oliveira told the Board that he had worked earlier in his career for more than 10 years in the hospitality industry. After turning 19 years of age, he acquired his Smart Serve certificate. His experience includes working at bars, banquet halls and cafes. He eventually became manager at an establishment known as Arby’s Restaurant where he was employed for 4 years. Although this establishment was not licensed to sell alcohol, he was responsible for all managerial duties including overseeing menus, staff, purchasing etc; he has dealt extensively with the public throughout his tenure in the hospitality industry.
Mr. Oliveira worked in the auto industry for three years until he was laid off from his employment. It was at this time that he decided to venture into his own business by opening the establishment known as J.P’s Café and Bar. He invested $42,000 in re-fitting and renovating the premises. He opened the establishment for business in October 2008.
Mr. Oliveira stated that he has been able to maintain the business with the help of family and friends; he is currently serving food, coffee, tea and non-alcoholic beverages. It was his hope and intention of applying for and receiving a liquor licence which would enable him to serve alcohol and hopefully build his business.
Mr. Oliveira testified that he has the support of eight of the ten stores in the plaza; they have expressed their belief that his business would flourish with a liquor licence and bring business to the plaza.
Exhibit #1 was presented that indicated over 200 individuals supported the application of Mr. Oliveira for a liquor licence for J.P’s Café and Bar.
Mr. Oliveira told the Board that he has a mixture of clients at J.P’s Cafe and Bar; many are mature customers who frequent the establishment. It is a clean, well run establishment according to the Applicant.
In response to questions, Mr. Oliveira did not know who had started the petition, and he has had no discussion with the operators of the Montessori daycare who were not present at the hearing, did not sign the objection letters or petition, nor had any representation at the hearing.
Resident Objectors’ Submissions
There was no request by the objectors for a representative at the hearing. Therefore, the objectors spoke on their own behalf.
Mr. Winer, representing the Applicant, asked if one of the objectors could summarize the case of the objectors to the Board. The objectors present agreed that Ms. Amna Syed would summarize and present submissions on their behalf.
The Board agreed to this request.
Ms. Syed reiterated the many perceived issues of alcohol associated with licensed bars and their effect on neighbourhoods, women and children.
She indicated the neighbourhood suffered greatly last spring with a murder at the plaza and break and enter crimes reported. It is the intention and hope of the objectors present to avoid future problems at the plaza by not permitting a licensed premise to operate at the plaza.
Ms. Syed is concerned about the Montessori daycare centre and the effect on small children and the decisions parents might have to make about sending their children to a daycare in the plaza with a licensed establishment there.
Ms. Syed stated the only objection to the liquor license is the potential for violence and its relationship to alcohol. It is her position that a liquor licence should not be issued to the Applicant for the premises known as J.P’s Café and Bar.
Applicant’s Submissions
Mr. Winer referenced section 6 of the Liquor Licence Act (“LLA”) and the right of an applicant to receive a liquor licence except when it is not in the public interest.
In order to object to a liquor licence being issued, the objectors must have a valid and objective reason. Mr. Winer submitted that the objectors in this instance do not have a valid or objective reason.
Mr. Radford referenced two murders taking place at the plaza where a knife was used to kill two people. According to police reports, no alcohol was involved in the crime.
When this crime took place, Mr. Oliveira did not own or operate a business in the plaza.
The establishment now known as J.P’s Café and Bar was previously operating as a bakery under a different owner. The previous owner had no past conduct to consider as the establishment was unlicensed. The premises or its previous occupants have never held a liquor licence.
Mr. Winer submitted that the act of violence at the plaza should not reflect on the Applicant or be held against him in any way.
The objectors did not dislike Mr. Oliveira, in fact, one said he looked like a nice guy and another said she thought he would comply with the rules.
Mr. Winer stated that it was noteworthy that Ms. Syed mentioned the potential problems for the Montessori daycare centre.
Operators of the Montessori daycare centre were not present at the hearing. They did not sign the petition or submit a letter to the Registrar objecting to the liquor licence.
Schools in the neighbourhood are over one kilometre away from the plaza, not across the street. There is no record of an objection from the school boards.
The application is for a relatively modest establishment with a capacity of 30 people.
The city took no position; they did not object to the liquor licence application and have issued all permits.
Nobody seems to know who started the position; all letters were faxed to the AGCO from the same fax number. Objectors present testified they had no knowledge of who started the petition or letters.
Mr. Oliveira has ten years experience in the hospitality business; he has a Smart Serve certificate and has worked in licensed premises for many years.
Mr. Winer submitted that based on the evidence presented, the Applicant should be granted a liquor licence without conditions.
Analysis and Order
The Board has carefully considered the evidence and submission of the parties. At issue in this hearing is whether the granting of a liquor licence is in the public interest.
The objections to the liquor licence were mainly based on an incident that took place at the plaza at 12:00 noon in May 2008.
The Board recognizes the concern of the objectors to the liquor licence. The incident, which involved the unprovoked random murder of two people in the middle of the day, was very disturbing and stressful for local residents. However, police reports indicated this act of violence was not related to alcohol.
The onus is on the objectors to establish, on a balance of probabilities that the issuance of the licence is not in the public interest.
The Board does not doubt that the concerns expressed about the potential impact of licensed premises are genuine and real to resident objectors. However, the Board cannot make a decision based on speculation about the potential negative impacts of licensed premises.
There is no suggestion on the evidence that the Licensee will not comply with the LLA and its regulations. Mr. Oliveira has experience in the hospitality industry; he expressed his pride in operating a clean, well run establishment and his commitment to being a good neighbour.
Given the lack of any specific evidence that would disallow the issuance of a liquor licence to the Applicant, the Board APPROVES the application for a liquor licence made by John Oliveira for the establishment operating or intending to operate as J.P’s Café and Bar, 20 Red Maple Drive, Unit 10, Brampton, Ontario, L6X 4N7, establishment number 813511, subject to the compliance of all statutory conditions and municipal regulations.
DATED AT TORONTO THIS 1st DAY OF DECEMBER, 2008.
DIANNE AXMITH, BOARD MEMBER BERYL FORD, BOARD MEMBER