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-
Julian Alberto Henao and Marco Antonio Henao operating or intending to operate as John’s
Applicant
-and-
Jeffrey Wagner
Objector
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Brian J. Ford, Board Member
Decision Date: 29th October, 2009
Hearing Location: Toronto, 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 ) Phillip Morris, Representative Julian Alberto Henao and Marco Antonio Henao, ) Monica Caceres, Representative Applicants ) Jeffrey Wagner, Objector ) On his own behalf
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued a Notice of Proposal number 17447 dated August 11, 2009 to review an application for a liquor licence (the “application”) from Julian Alberto Henao and Marco Antonio Henao. (the “Applicants”) operating or intending to operate as JOHN’S, 1048 Bathurst Street, 1st Floor, Toronto, Ontario, M5R 3G7 (the “establishment” or “premises”), establishment number 813860, on the basis the AGCO has received one or more written objections to the application. A hearing of the application was held on October 19, 2009, in the City of Toronto.
Preliminary Matters
2Phillip Morris appeared on behalf of the Registrar. He advised that the Registrar was not taking a position on the application.
3Mr. Wagner sought status as a party to the proceedings on his own behalf. There being no objection, the Board ordered that Mr. Wagner be made a party to the proceedings.
4Ms Caceres advised that the application for an outdoor patio was withdrawn by the Applicants as shown in Exhibit 3, the municipal information form, and further advised that after discussions between the parties, the Applicants were agreeable to a condition on the licence to respond to objectors’ concerns.
Decision
5Therefore, after considering all the evidence and submissions, the Board confirms its oral order and APPROVES the application for the liquor licence for the indoor area made by Julian Alberto Henao and Marco Antonio Henao operating or intending to operate as JOHN’S, 1048 Bathurst Street, 1st Floor, Toronto, Ontario, M5R 3G7, establishment number 813860, subject to all statutory and municipal regulations.
6Further, the Board ORDERS that the following condition be attached, on consent, to the licence:
The rear door is to be used for ingress and egress by staff only, except in the event of an emergency situation.
DATED AT TORONTO THIS 29th DAY OF October , 2009.
PATRICIA MCQUAID, VICE-CHAIR BRIAN J. FORD, BOARD MEMBER