Registrar, Alcohol and Gaming Commission of Ontario v. Campbell, 2008 CanLII 91914

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-

Lena Campbell Intending to operate as Twinkle Delight Restaurant & Bar

Applicant

-and-

City of Toronto

Objector

DECISION

Panel: Dianne Axmith, Board Member Joan Lougheed, Board Member

Decision Date: July 7, 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 ) Brad Alton, Representative Lena Campbell, Applicant ) Randolph Adams, Representative City of Toronto ) Ray Kallio, Representative

The Application

1. The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 16269 dated May 14, 2008 to review an application for liquor licence from Lena Campbell (the “Applicant”) operating or intending to operate as TWINKLE DELIGHT RESTAURANT & BAR, 1788 Weston Road, Toronto, Ontario, M9N 1V8, establishment number 16269. A hearing of the application was held on June 26, 2008 in the City of Toronto.

Decision

2. After considering the exhibits and submissions filed, the Board APPROVES the application subject to the conditions on the licence set out below. Reasons follow.

Preliminary Matters

3. Brad Alton, Registrar’s Representative, stated that the Registrar took no position regarding the Notice of Proposal.

4. The City of Toronto (the “City”) had previously been granted party status at the pre-hearing conference held on June 11, 2008.

Reasons

6. Mr. Kallio, and Mr. Adams submitted a Consent with Schedule A (liquor licence conditions) attached (Exhibit 1), which forms part of this decision. The parties confirmed that the terms and conditions were developed in conjunction with the City, and the Applicant, and on the basis of the agreement contained therein, the City now supports the liquor licence application.

Order

7. Based on the Consent and Schedule A and the submissions of the parties, the Board APPROVES the Application for a liquor licence made by Lena Campbell operating or intending to operate as TWINKLE DELIGHT RESTAURANT & BAR, 1788 Weston Road, Toronto, Ontario, M9N 1V8, subject to the filing of all usual and required municipal clearance letters and application requirements .

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

9. At all times while the Premises are open, the Licensee shall ensure that there are clearly visible and functioning high-resolution security cameras so as to view, monitor and record each entrance and exit of the Premises and all the public spaces inside the Premises.

10. At all times while the Premises are open, the Licensee shall ensure that there is a clearly visible and functioning high-resolution security camera so as to view, monitor and record the rear exit at the laneway of the Premises.

11. The Licensee shall make and retain all video and digital records from the security cameras for at least 30 days and make the video and digital records available immediately to police officers or liquor licence inspectors upon request and at no cost.

12. The Licensee shall install lighting at the rear exit, facing the laneway of the Premises so that the back of the building is fully lighted and that these lights are fully operational and turned on by way of a motion-detection device.

13. Except in the event of an emergency, all patrons shall enter and exit the Licensed Premises only through the front entrance off Weston Road.

14. The Licensee shall post at the entrance to the Premises a sign stating “Premises Under Video Surveillance”.

15. The Licensee, acting reasonably, shall not admit anyone who wears gang paraphernalia of any kind including gang colours, bandanas, insignia, emblems or clothing.

16. The Licensee shall cease the sale and service of alcohol every night at 12:00 a.m. and shall remove all evidence of service by 12:45 a.m.

17. The Premises shall operate as a restaurant and lounge and not as an Entertainment Establishment/Nightclub as defined in the City of Toronto Municipal Code or a “hybrid”. A hybrid means a restaurant that becomes an Entertainment Establishment/Nightclub after 10:30 p.m.

18. The Licensee shall ensure that a seat is available for every patron.

19. The Premises shall close no later than 3:00 a.m. each day and no patrons will be allowed to enter or remain on the Premises after 3:00 a.m.

20. The Licensee shall ensure that adequate sound-proofing is installed so as to ensure that no resident is disturbed by noise emanating from the Premises.

21. The Licensee shall ensure that all windows on the Premises are kept clear and clean so that it is possible to see directly into the Premises at all times from the street.

22. During Certain Hours of Operation, the Licensee shall ensure that the Premises are staffed with at least one security guard for every 100 patrons in attendance at the Premises.

23. All security guards shall wear identification or clothing by which they can readily be identified as security guards.

24. The Licensee shall ensure that each entrance to the Premises is staged with at least one security guard who shall be equipped with a hand-held metal detector and who shall use the said metal detector to screen patrons before entering the Premises during Certain Hours of Operation.

25. “Certain Hours of Operation” means:

(a) any time that a cover charge is required for entry; or

(b) any time that live entertainment, including a disc jockey or band is featured.

18. 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 at the Premises.

19. The Licensee shall not make a liquor licence application (permanent, temporary or special occasion) for an outdoor area of the Premises without first notifying, in writing, the Ward Councillor.

20. The Licensee shall not make a liquor licence application (permanent, temporary or special occasion) to extend the hours of sale and service of alcohol beyond 12:00 a.m. without first notifying, in writing, the Ward Councillor.

21. In the event that the Premises are sold or come under new management, the Licensee shall notify, in writing, the Ward Councillor.

22. The Licensee shall not make an application to change any of these conditions without first notifying, in writing, the Ward Councillor.

DATED AT TORONTO THIS 7^th DAY OF JULY, 2008.

DIANNE AXMITH, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER

DA/cp

Attached

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

AND IN THE MATTER OF AN APPLICATION BY LENA CAMPBELL,

OPERATING AS TWINKLE DELIGHT RESTAURANT AND BAR, 1788 WESTON ROAD, TORONTO

ESTABLISHMENT NO. 21517

CONSENT

WHEREAS Lena Campbell (“Licensee”) and 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 premises known as Twinkle Delight Restaurant and Bar, 1788 Weston Rod, Toronto (“Premises”);

AND WHEREAS the City supports the application for a liquor licence for the 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 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 of the Premises;

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

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

Dated at Toronto this 26^th day of June, 2008.

Lena Campbell

City of Toronto by its Solicitor,

Ray Kallio

SCHEDULE A

Twinkle Delight Restaurant and Bar

1788 Weston Road

Liquor Licence Conditions

1. At all times while the Premises are open, the Licensee shall ensure that there are clearly visible and functioning high-resolution security cameras so as to view, monitor and record each entrance and exit of the Premises and all the public spaces inside the Premises.

2. At all times while the Premises are open, the Licensee shall ensure that there is a clearly visible and functioning high-resolution security camera so as to view, monitor and record the rear exit at the laneway of the Premises.

3. The Licensee shall make and retain all video and digital records from the security cameras for at least 30 days and make the video and digital records available immediately to police officers or liquor licence inspectors upon request and at no cost.

4. The Licensee shall install lighting at the rear exit, facing the laneway, of the Premises so that the back of the building is fully lighted and that these lights are fully operational and turned on by way of a motion-detection device.

5. Except in the event of an emergency, all patrons shall enter and exit the Licensed Premises only through the front entrance off Weston Road.

6. The Licensee shall post at the entrance to the Premises a sign stating “Premises Under Video Surveillance”.

7. The Licensee, acting reasonably, shall not admit anyone who wears gang paraphernalia of any kind including gang colours, bandanas, insignia, emblems or clothing.

8. The Licensee shall cease the sale and service of alcohol every night at 12:00 a.m. and shall remove all evidence of service by 12:45 a.m.

9. The Premises shall operate as a restaurant and lounge and not as an Entertainment Establishment/Nightclub as defined in the City of Toronto Municipal Code or a “hybrid”. A hybrid means a restaurant that becomes an Entertainment Establishment/Nightclub after 10:30 p.m.

10. The Licensee shall ensure that a seat is available for every patron.

11. The Premises shall close no later than 3:00 a.m. each day and no patrons will be allowed to enter or remain on the Premises after 3:00 a.m.

12. The Licensee shall ensure that adequate sound-proofing is installed so as to ensure that no resident is disturbed by noise emanating from the Premises.

13. The Licensee shall ensure that all windows on the premises are kept clear and clean so that it is possible to see directly into the Premises at all times from the street.

14. During Certain Hours of Operation, the Licensee shall ensure that Premises are staffed with at least one security guard for every 100 patrons in attendance at the Premises.

15. All security guards shall wear identification or clothing by which they can readily be identified as security guards.

16. The Licensee shall ensure that each entrance to the Premises is staged with at least one security guard who shall be equipped with a hand-held metal detector and who shall use the said metal detector to screen patrons before entering the Premises during Certain Hours of Operation.

17. “Certain Hours of Operation” means:

(a) any time that a cover charge is required for entry; or

(b) any time that live entertainment, including a disc jockey or band is featured.

18. The Licensee shall provide a telephone number to the Ward Councillor which telephone number residents may use to register concerns or complains and which will be answered during hours of operation at the Premises.

19. The Licensee shall not make a liquor licence application (permanent, temporary or special occasion) for an outdoor area of the Premises without first notifying, in writing, the Ward Councillor.

20. The Licensee shall not make a liquor licence application (permanent, temporary or special occasion) to extend the hours of sale and service of alcohol beyond 12:00 a.m. without first notifying, in writing, the Ward Councillor.

21. In the event that the Premises are sold or come under new management, the Licensee shall notify, in writing, the Ward Councillor.

22. The Licensee shall not make an application to change any of these conditions without first notifying, in writing, the Ward Councillor.