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-
Zo Ma Inc. operating as or intending to operate as Zo Applicant
-and-
Terrie-Lynn Devonish Objector
DECISION
Panel: Patricia McQuaid, Vice-Chair Allan Higdon, Board Member
Decision Date: December 10, 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 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission: Daniel Alakas, Representative Zo Ma Inc., Applicant: Enzo Marcello, Khoa Ma Terrie-Lynne Devonish: On her own behalf and on behalf of the Resident Objectors Deena Mandell and Amy Rossiter
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 16487 dated July 23, 2008, to review an application for a liquor licence from Zo Ma Inc., (the “Applicant”) operating or intending to operate as ZO, 928 St. Clair Avenue West, Toronto, Ontario, M6C 1C6, (the “Establishment”), establishment number 813327, for the indoor and outdoor areas of the premises with capacities of 91 and 41 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 with regard to the outdoor area was held on December 4, 2008, in the City of Toronto.
Decision
2On consent of the parties, the Application for a liquor sales licence for the outdoor area is APPROVED, subject to the conditions on the licence set out below. Reasons follow.
Preliminary Matters
3Enzo Marcello and Khoa Ma are the directors, officers and shareholders of the Applicant. They appeared on their own behalf and on behalf of the Corporation and waived the right to be represented by a licensed representative. They confirmed that a liquor sales licence has been issued for the indoor licensed area.
4On consent of the other parties, Terrie-Lynn Devonish was made a party to the proceedings on behalf of the resident objectors.
5Mr. Alakas indicated the Registrar was not taking a position regarding the Application but reserved the right to offer comment on the conditions. Mr. Alakas introduced an agreement between the parties (Exhibit #1) which forms part of this decision.
Reasons
6Ms Devonish advised that the objectors, on the basis of the agreement contained in Exhibit 1, were prepared to withdraw their objection to the issuance of a licence for an outdoor patio. The Board noted that Mr. Kuperman, who also filed a letter of objection, is not a signatory to Exhibit 1, though Ms Devonish indicated that she had discussions with him previously. Mr. Kuperman did not attend the hearing.
Order
7Therefore, after considering Exhibit 1 and the submissions, the Board APPROVES the application for the liquor licence for an outdoor patio made by Zo Ma Inc., operating or intending to operate as ZO, 928 St. Clair Avenue West, Toronto, Ontario, M6C 1C6, establishment number 813327, subject to all statutory conditions and municipal regulations.
8Further, the Board ORDERS that the following conditions be attached to the licence:
The northern boundary of any patio erected by the Establishment on Robina Avenue (the “Patio”) will not be less than 17 metres from the southern boundary line of 11A Robina Avenue.
The Patio must contain a noise barrier or noise berm on the northern end of the Patio, which must be the full width of the north wall of the Patio and at least six feet in height.
The sale and service of liquor on the Patio shall cease by 1:15 a.m. and all signs of the sale, service and consumption of liquor shall be removed from the patio by 2:00 a.m.
There will be no amplified music or any noise amplification equipment used directly on the Patio at anytime whatsoever.
The noise level emanating from the Patio will be no more than 55 decibels at all times (normal restaurant conversation level.)
There must not be any garbage from the Patio on Robina Avenue.
Construction of the Patio will take place between 8:00 a.m. and 6:00 p.m. from Monday to Saturday and between 10:00 a.m. and 6:00 p.m. on Sunday.
The Establishment will comply with City of Toronto By-law 111-2003, as amended, at all times.
DATED AT TORONTO THIS 10th DAY OF December , 2008.
PATRICIA MCQUAID, VICE-CHAIR ALLAN HIGDON, BOARD MEMBER
Attached
ALCOHOL AND GAMING COMMISSION OF ONTARIO
RE: ZO 928 ST CLAIR AVE W TORONTO ON M6C 1C6 ID No.: 813327 Notice of Proposal No.: 16487
The parties hereby agree to the following conditions to be imposed on the liquor license for the above-named establishment (the “Establishment”):
The northern boundary of any patio erected by the Establishment on Robina Avenue (the “Patio”) will not be less than 17 metres from the southern boundary line of 11A Robina Avenue.
The Patio must contain a noise barrier or noise berm on the northern end of the Patio, which must be the full width of the north wall of the Patio and at least six feet in height.
The sale and service of liquor on the Patio shall cease by 1:15 a.m. and all signs of the sale, service and consumption of liquor shall be removed from the patio by 2:00 a.m.
There will be no amplified music or any noise amplification equipment used directly on the Patio at anytime whatsoever.
The noise level emanating from the Patio will be no more than 55 decibels at all times (normal restaurant conversation level.)
There must not be any garbage from the Patio on Robina Avenue.
Construction of the Patio will take place between 8:00 a.m. and 6:00 p.m. from Monday to Saturday and between 10:00 a.m. and 6:00 p.m. on Sunday.
The Establishment will comply with City of Toronto By-law 111-2003, as amended, at all times.
Agreed to this 4th day of December, 2008
Khoa Ma Enzo Marcello Owner Owner Zo Restaurant Zo Restaurant 928 St. Clair Avenue West, Toronto 928 St. Clair Avenue West, Toronto 416 656 6200 416 656 6200
Deena Mandell Amy Rossiter 13A Robina Avenue, Toronto 11B Robina Avenue, Toronto dmandell@sympatico.ca Amy.Rossiter@mail.atkinson.yorku.ca
Terrie-Lynne Devonish Owner terrie.devonish@aon.ca