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-
1486184 Ontario Inc. operating as Shooters Roadhouse
Applicant
-and-
Tisha Joy
Objector
DECISION
Panel:, Beryl Ford, Board Member Brian J. Ford, Board Member
Decision Date: September 29, 2009
Hearing Location: Harrow, 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
1486184 Ontario Inc., Applicant ) Michael Cervi, Representative
Tisha Joy ) On her own behalf and on behalf of ) the resident objectors
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17452, dated August 14, 2009 to review an application for an additional outdoor area for 52 persons by 1486184 Ontario Inc., (the “Applicant”), operating as SHOOTERS ROADHOUSE, 307 Queen Street, Harrow, Ontario, N0R 1G0, (the “establishment”), liquor licence number 92301, 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 August 13, 2009 in Harrow, Town of Essex.
Decision
2After considering all the evidence, the Board CONFIRMS its oral order approving the application on the conditions set out below.
Preliminary Matters
3Joyce Taylor appeared on behalf of the Registrar. She advised that the Registrar took no position on the public interest aspects of the hearing.
4Tisha Joy, who appeared on her own behalf and on behalf of the resident objectors, was made a party to the proceedings.
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 #1.
Order
6For the above reasons, the Board CONFIRMS its oral order approving the application made by 1486184 Ontario Inc., operating as SHOOTERS ROADHOUSE, 307 Queen Street, Harrow, Ontario, N0R 1G0, liquor licence number 92301, 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:
There shall be a fence, which shall be built of solid material, which shall rise at least six feet above the floor of the outdoor licensed area which shall extend along the side of the outdoor licensed area that is parallel to and adjacent to Queen Street. This solid fence shall continue along the side of the outdoor licensed area that is parallel to the licensed establishment and adjacent to the parking lot, for a minimum of 10 feet in linear distance westwards, commencing from the north east corner of the outdoor licensed area, being the end of the patio closest to Queen Street. All fencing referred to in this paragraph shall be built in the same manner and of the same materials.
All remaining fencing, surrounding the outdoor licensed area shall be built of a solid material and shall rise at least the minimum height required by the regulations enacted pursuant to the Liquor Licence Act from the floor of the outdoor licensed area.
The Licensee shall ensure that no amplified sound of any kind from the outdoor licensed area shall be audible more than 40 feet from the perimeter of the outdoor licensed area.
DATED AT TORONTO, THIS 29th day of September , 2009.
BERYL FORD, BOARD MEMBER BRIAN J. FORD, BOARD MEMBER