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-
Azores Cultural Community Centre (Canada) operating as or intending to operate as Centro Cultural Dos Acores
Licensee
-and-
Janet Millar
Objector
DECISION
Panel: David C. Gavsie, Chair, AGCO Allan Higdon, Board Member
Decision Date: August 27, 2009
Hearing Location: London, 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
Azores Cultural Community Centre (Canada), Applicant Analee Fernandez, Representative
Janet Millar, Objector Barry Card, Representative for the Objectors
Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17163 dated April 6, 2009, to review an application by Azores Cultural Community Centre (Canada), operating or intending to operate as CENTRO CULTURAL DOS ACORES, 1003 Hamilton Road, London, Ontario, M5W 1A4, for a liquor sales licence for the indoor area of the premises with a capacity of 300 persons, on the basis that the Commission has received one or more written objections to the application. A hearing of the application was held on August 24 and 25, 2009 in the City of London.
Decision
2After considering all the evidence, the Board CONFIRMS its oral order approving the application on the conditions set out below.
Preliminary Matters
3Richard Kulis appeared on behalf of the Registrar. He advised that the Registrar took no position on the public interest aspects of the hearing.
4Barry Card appeared on behalf of Janet Millar, who was made a party to the proceedings representing the resident objectors by an Order dated July 16, 2009.
Conclusion
5This matter was resolved when the objectors withdrew their objections and the parties agreed to the inclusion of the conditions as set out in Exhibit #5.
Order
6For the above reasons, the Board CONFIRMS its oral order approving the application for a liquor sales licence made by Azores Cultural Community Centre (Canada), operating or intending to operate as CENTRO CULTURAL DOS ACORES, 1003 Hamilton Road, London, Ontario, M5W 1A4, for the indoor area of the premises, subject to all statutory conditions and municipal regulations.
7Further, the Board ORDERS that the following conditions be attached to the licence on consent of the Applicant:
The Licensee (Applicant) will comply with all City of London by-laws, including but not limited to noise and zoning.
The Licensee (Applicant) shall keep all windows closed while music is playing in the building.
The Licensee (Applicant) shall retain the services of two security guards in connection with events involving more than 100 people.
The Licensee (Applicant) shall provide the name of a person who has supervisory responsibility of the licensed premises and his/her cell telephone number shall be turned on and be able to receive calls at all time alcohol is permitted to be served in or on the licensed premises.
The Licensee (Applicant) shall post a prominent sign at the exit of the building that reminds patrons to be respectful of neighbours in the community.
Service of liquor on the premises shall cease:
Sunday to Wednesday: 10:00 p.m.
Thursday: 12:00 a.m.
Friday to Saturday: 1:00 a.m.
- These conditions shall apply to any special occasion permit granted for the premises.
DATED AT TORONTO THIS 27th DAY OF August , 2009.
DAVID C. GAVSIE, CHAIR, AGCO ALLAN HIGDON, BOARD MEMBER