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-
2161446 Ontario Ltd. operating as The Bank
Applicant
DECISION
Panel: Patricia McQuaid, Vice-Chair Guy Maurice, Board Member
Decision Date: October 8, 2008 Hearing Location: Hamilton, 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 ) Daniel Alakas, Representative 2161446 Ontario Ltd., Applicant ) Robert Plouffe, Representative
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario (AGCO) issued Notice of Proposal number 16365 dated June 18, 2008, to review an application for a liquor licence from 2161446 Ontario Ltd., (the “Applicant”) operating as THE BANK, 930 Upper Paradise Road, Unit 15, Hamilton, Ontario, L9B 2N1, (the “establishment” or the “premises”), establishment number 813216, for the indoor and outdoor areas of the premises with the capacities of 148 and 52 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 September 30, 2008, in the City of Hamilton.
Decision
- After considering all the evidence and submissions the Board APPROVES the application for the indoor area. Reasons for these findings follow.
Preliminary Matters
- Daniel Alakas appeared on behalf of the Registrar. He advised the Registrar took no position on the public interest aspects of the hearing.
Reasons
Neither the resident objectors nor a representative of the City of Hamilton were in attendance at the hearing. The City had filed an objection to the licence for the outdoor area, which was also of concern to the resident objectors.
Ms Latour, the principal of the Applicant, advised that she had withdrawn the application for the licence for the outdoor area and was only proceeding with the application for the indoor area of the premises, which was confirmed by Mr. Alakas. Mr. Alakas also advised that as a result of that withdrawal, the City had withdrawn its objection.
The Board recessed until 10:05 a.m. to allow time for objectors to appear at the hearing. No objectors did appear at the hearing.
Given the withdrawal of the application for a licence for the outdoor area, which was the major point of objection, the subsequent withdrawal of the City’s objection and non-attendance by resident objectors, the Board was prepared to approve the application for the indoor area. Regarding the application for the outdoor area, the Applicant could re-apply in the future, subject to all the usual application requirements.
Order
- For the above reasons, the Board APPROVES the Application for liquor licence made by 2161446 Ontario Ltd., (the “Applicant”) operating as THE BANK, 930 Upper Paradise Road, Unit 15, Hamilton, Ontario, L9B 2N1, for the indoor area of the premises, subject to all statutory conditions and municipal regulations.
DATED AT TORONTO, THIS 8th day of October , 2008.
PATRICIA MCQUAID, VICE-CHAIR GUY MAURICE, BOARD MEMBER
GM/ee