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-
Maidstone Recreation Centre operating as or intending to operate as Maidstone Recreation Centre Applicant
-and-
Clem Fortowsky, Marcella Nolan, Brian Reynolds, Denis Fauteux, Robert Leniuk, Mark Buhler, and Bob Corcoran Objectors
DECISION
Panel: S. Grace Kerr, Board Member Alex McCauley, Board Member
Decision Date: June 1, 2009
Hearing Location: Windsor, 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 ) Joyce Taylor, Representative Maidstone Recreation Centre, Applicant ) Marianna Arpino, Representative Clem Fortowsky, Marcella Nolan, Brian ) Reynolds, Denis Fauteux, Robert Leniuk, ) Mark Buhler, Bob Corcoran, Objectors ) On their own behalf
[1]. The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17185, dated April 17, 2009 to review an application for a liquor sales licence for the indoor and outdoor areas of the premises with capacities of 100 and 170 persons by Maidstone Recreation Centre (the “Applicant”), operating or intending to operate as MAIDSTONE RECREATION CENTRE, 10720 Country Road 34, Maidstone, Ontario, N0R 1K0, (the “establishment”), establishment number 813683. A hearing of the Application was held on May 22, 2009 in the City of Windsor.
[2]. After considering all the evidence and submissions and at the hearing the Board APPROVED the Application on the conditions set out below. Reasons for and the confirmation of this decision follow.
[3]. Joyce Taylor appeared on behalf of the Registrar. She advised the Registrar took no position on the public interest aspects of the hearing.
[4]. Clem Fortowsky, Marcella Nolan, Brian Reynolds, Denis Fauteux, Robert Leniuk, Mark Buhler, and Bob Corcoran are residents of the municipality and each of them objects to the application for a licence. As the objectors could not nominate a spokesperson each objector who signed the Minutes of Settlement was made a party to the proceedings.
[5]. The Minutes of Settlement (Exhibit #1) were entered into between the Applicant and the Objectors. This agreement satisfied the concerns of, and was agreed to by each of the Objectors. The Applicant also consented to the terms of Exhibit #1.
[6]. Also on agreement of the parties, the Minutes of Settlement, as filed, were amended so that condition #5 would read, “On Saturday, the sale and service of liquor shall end at 11:45 p.m. on the outdoor licensed areas and the areas shall be cleared of all patrons by 12:15 p.m. each Sunday Morning.”
Decision and Order
[7]. As a result, the Board ORDERS the issuance of a liquor sales licence for the indoor and outdoor areas of the premises with capacities of 100 and 170 persons to Maidstone Recreation Centre, operating or intending to operate as MAIDSTONE RECREATION CENTRE, 10720 Country Road 34, Maidstone, Ontario, N0R 1K0, establishment number 813683.
[8]. Further, the Board ORDERS the following conditions be attached to the licence:
There shall be no amplified music on any outdoor licensed area, or directed towards any outdoor licensed area after 10:00 p.m. each evening.
On Mondays, Tuesdays and Wednesdays, all outdoor licensed areas shall be cleared of patrons by 10:00 p.m.
On Thursdays, all outdoor licensed areas shall be cleared of patrons by 10:15 p.m.
On Fridays, all outdoor licensed areas shall be cleared of patrons by 11:00 p.m.
On Saturday, the sale and service of liquor shall end at 11:45 p.m. on the outdoor licensed areas and the areas shall be cleared of all patrons by 12:15 p.m. each Sunday Morning.
On Sunday, all outdoor licensed areas shall be cleared of patrons by 11:00 p.m.
The requirement that the outdoor pavilion area shall be cleared of patrons shall permit patrons leaving the indoor licensed area to cross the pavilion in order to leave the premises, but it shall not permit any patron to stand on that area.
The Applicant shall post a sign in the window of the establishment which shall set out all special outdoor events for the establishment at least one week in advance of the event.
The Applicant shall not have any events in the form of a “stag and doe” or “jack and jill” in the establishment.
The establishment shall only operate as a private club.
DATED AT TORONTO, ONTARIO, this 1st day of June , 2009.
ALEX MCCAULEY, BOARD MEMBER S. GRACE KERR, BOARD MEMBER
AMENDED MINUTES OF SETTLEMENT
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF AN APPLICATION BY OF MAIDSTONE RECREATION CENTRE OPERATION OR INTENDING TO OPERATE AS MAIDSTONE RECREATION CENTRE 10720 COUNTRY ROAD 34, MAIDSTONE ESTABLISHMENT NO. 813683
NOTICE OF PROPOSAL NUMBER 17185
The Applicant, the local residents as represented by Marcella Nolan, Robert Leniuk, Clem Fortowsky, Brian Reynolds, Mark Buhler, Denis Fauteux, and Bob Corcoran and the Registrar agree to the following in relation to the Notice of Proposal to Review and Application for Licensed areas dated April 17, 2009.
The following conditions shall be attached to the liquor licence for establishment 813683:
There shall be no amplified music on any outdoor licensed area, or directed towards any outdoor licensed area after 10:00 p.m. each evening.
On Mondays, Tuesdays and Wednesdays, all outdoor licensed areas shall be cleared of patrons by 10:00 p.m.
On Thursdays, all outdoor licensed areas shall be cleared of patrons by 10:15 p.m.
On Fridays, all outdoor licensed areas shall be cleared of patrons by 11:00 p.m.
On Saturday, the sale and service of liquor shall end at 11:45 p.m. on the outdoor licensed areas and the areas shall be cleared of all patrons by 12:15 p.m. each Sunday Morning.
On Sunday, all outdoor licensed areas shall be cleared of patrons by 11:00 p.m.
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The requirement that the outdoor pavilion area shall be cleared of patrons shall permit patrons leaving the indoor licensed area to cross the pavilion in order to leave the premises, but it shall not permit any patron to stand on that area.
The Applicant shall post a sign in the window of the establishment which shall set out all special outdoor events for the establishment at least one week in advance of the event.
[9]. The Applicant shall not have any events in the form of a “stag and doe” or “jack and jill” in the establishment.
[10]. The establishment shall only operate as a private club.
Respectfully submitted this 21st day of May, 2009.
Clem Fortowsky Joyce A. Taylor Local Resident Counsel for the Registrar
Marcella Nola Robert Leniuk Local Resident Local Resident
Brian Reynolds Mark Buhler Local Resident Local Resident
Denis Fauteux Bob Corcoran Local Resident Local Resident
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MAIDSTONE RECREATION CENTRE
Jim Croft Marianna Arpino “I have authority to bind the Corporation Counsel for the Licensee