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-
2200334 Ontario Incorporated intending to operate as Toronto Motorsports Park Applicant
DECISION
Panel: Joan Lougheed, Board Member Bruce Miller, Board Member
Decision Date: November 20, 2009 Hearing Location: Cayuga, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 2200334 Ontario Incorporated, Licensee: Paula Frances Smith & Cynthia Campbell, On their own behalf and on behalf of the Corporate Licensee
Application
1A hearing into Notice of Proposal number 17320 dated July 15, 2009, to review an application for a licence from 2200334 Ontario Incorporated, (the "Applicant"), operating or intending to operate as TORONTO MOTORSPORTS PARK, 1040 Kohler Road, Cayuga, Ontario, N0A 1E0, for the indoor and outdoor areas of the premises with a capacity of 55 and 800 persons, on the basis that the AGCO has received one or more written objections to the application from residents of the municipality, was held on October 20, 2009, in Cayuga (Haldimand County).
Decision
2After considering all the evidence and submissions the Board confirms its oral order and APPROVES the application. Reasons for these findings follow.
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.
4Paula Smith is the Applicant. She appeared on her own behalf and on behalf of the Corporate Licensee and waived the right to legal representation.
Conclusion
5Exhibit #1 A and B were received and reviewed by the Board. These e-mails of objection, submitted by Linda Link and George Fioravanti, were reviewed by the Board.
6The objectors, despite having been notified of the hearing, were not present and therefore the Board was unable to assess their level of objection. The Board notes that Ms L. Link contacted the Registrar on October 19, 2009 stating she would not be in attendance. The Registrar's office confirmed that he had called Mr. Fioravanti on October 20, 2009 and a family member confirmed that he also, would not be appearing.
7The Board recognizes the public interest and has reviewed the e-mails submitted. The Board notes that the concerns of the objectors, as outlined in the letters, relate to noise and control of vehicles from the Toronto Motorsport Park. Noise and cars are not under the jurisdiction of the Alcohol and Gaming Commission of Ontario and would be dealt with through the local police and municipal by-laws.
8In response to the alcohol related concerns of residents, the Board notes that the Licensee will be required to operate in compliance with the rules and regulations of the Liquor Licence Act.
Order
9For the above reasons the Board APPROVES the application for a liquor licence made by 2200334 Ontario Incorporated, operating or intending to operate as TORONTO MOTORSPORTS PARK, 1040 Kohler Road, Cayuga, Ontario, N0A 1E0, subject to all statutory conditions and municipal regulations.
DATED AT TORONTO THIS 20th DAY OF November, 2009.
JOAN LOUGHEED, BOARD MEMBER BRUCE S. MILLER, BOARD MEMBER