Registrar, Alcohol and Gaming Commission of Ontario v. Fu Jian Seafood Restaurant Inc., 2009 CanLII 29731

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-

Fu Jian Seafood Restaurant Inc. intending to operate as Fu Jian Seafood Restaurant Applicant

-and-

Daniel Mou Objector

DECISION

Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member

Decision Date: April 29, 2009 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.on.ca

Appearances

Registrar, Alcohol and Gaming Commission: Richard Kulis, Representative Fu Jian Seafood Restaurant Inc., Applicant: Andy Wong, Representative Daniel Mou: On his own behalf and on behalf of the resident objectors

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario ("AGCO") issued a Notice of Proposal number 17079 dated March 3, 2009 to review an application for a liquor licence made by Fu Jian Seafood Restaurant Inc. (the "Applicant"), operating or intending to operate as FU JIAN SEAFOOD RESTAURANT, 4080 Steeles Avenue East, Unit 3, 4 & 5A, Markham, Ontario, L3R 4C3, establishment number 813681, 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 April 24, 2009, in the City of Toronto.

Preliminary Matters

2Richard Kulis appeared on behalf of the Registrar. He advised the Registrar took no position on the public interest aspects of the hearing.

3Daniel Mou is a resident of the municipality and objects to the application for licence. He appeared before the Board on his own behalf and as the representative of the resident objectors. On consent of all parties, the Board ordered that he be made a party to the proceedings.

Decision and Order

4After considering all the evidence and submissions the Board APPROVES the Application for liquor licence made by Fu Jian Seafood Restaurant Inc., operating or intending to operate as FU JIAN SEAFOOD RESTAURANT, 4080 Steeles Avenue East, Unit 3, 4 & 5A, Markham, Ontario, L3R 4C3, establishment number 813681, subject to the following conditions:

1. Service of alcohol shall cease no later than 11:00 p.m.
2. There shall be no live entertainment on the premises which includes dancing, karaoke, or any live music or bands.
3. The main entrance door shall be kept closed at all times except for the ingress and egress of patrons.
4. Signage shall be placed inside the main entrance door so that it is visible to patrons when leaving. The sign will ask patrons to be respectful of the neighbours/neighbourhood.