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-
A. Euteneier Limited operating as West Seven Applicant
DECISION
Panel: Joan Lougheed, Board Member Alex McCauley, Board Member
Decision Date: December 18, 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 ) Phillip Morris, Representative A. Euteneier Limited, Applicant ) Albert Euteneier
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 16449 dated July 4, 2008, to review an application for an additional indoor capacity of 1,117 and an addition outdoor capacity of 269 persons by A. Euteneier Limited (the “Applicant” or “Licensee”), operating as WEST SEVEN, 530 Guelph Street, Town of Halton Hills, Norval, Ontario, L0P 1K0, (the “premises”), liquor licence number 202857, 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 6, 2008, in the City of Brampton.
Preliminary Matters
2The Applicant, as indicated by Albert Euteneier, waived its right to legal counsel.
3The Registrar’s representative advised that the Registrar took no position on the public interest issue.
4No other persons appeared at the hearing, including those who had previously indicated their objections to the Application.
Decision
5It was only during the course of the hearing that the Board was made aware that there are conditions attached to the licence. Exhibit #3 is a signed agreement between the Licensee and Albert Euteneier and the Regional Muncipality of Halton Police Services Board and the Regional Municipality of Halton. A covering letter to the document from Mr. Kenneth J. Kelertas, legal counsel for the Halton Regional Police Services Board, to David Baxter, Manager of Licensing, AGCO, clearly states that the signed agreement forms part of the licence.
6As a result of entering into this agreement the Halton Police Service Board and the Halton Regional Police Service withdrew their previous objections to the issuance of a liquor licence to West Seven (Exhibit #3, page 2, paragraph 1). The agreement specifically states “West Seven agrees that the total occupancy of the patio and interior of the premises shall not exceed 899 persons. West Seven agrees and consents to this restriction being a condition of its liquor licence issued by the AGCO.” (Exhibit #3, page 2, paragraph 2).
7The Board notes that this Application seeks to significantly increase the permitted capacity of the premises by an additional 1,386 persons. Yet the agreement signed by the Licensee and the condition agreed to by it states that the capacity of the premises shall not exceed 899 persons.
8Having regard to the agreement and the significant increase in the permitted capacity sought by the Applicant, the Board is of the view that it would be inappropriate for the Board to deal with this application as presented. The appropriate procedure, in the Board’s view, would be an application by the Licensee for the removal of a condition pursuant to subsection 14(2) of the Liquor Licence Act. That procedure would allow persons who may have an interest in the agreement and the condition forming part of the licence, including the other signatories to the agreement, an opportunity to provide their views to the Board on the proposal to remove an existing condition to the liquor licence.
9For the above reasons, the Board AJOURNS SINE DIE the Application for liquor licence made by A. Euteneier Limited, operating as WEST SEVEN, 530 Guelph Street, Town of Halton Hills, Norval, Ontario, L0P 1K0, for indoor capacity of 1,117 and an addition outdoor capacity of 269 persons, to afford the Licensee the opportunity to make an application pursuant to subsection 14(2) of the Liquor Licence Act, or to take such other action as it sees fit.
DATED AT TORONTO, THIS 18^th^ day of December, 2008.
JOAN LOUGHEED, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER