Registrar, Alcohol and Gaming Commission of Ontario v. Frontline Sugar Inc., 2009 CanLII 78679

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-

Frontline Sugar Inc. operating as Frontline Sugar Applicant

-and-

City of Toronto Objector

DECISION

Panel: Kirsti Hunt, Vice-Chair, AGCO Jacqueline Castel, Board Member

Decision Date: December 10, 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: Joyce Taylor, Representative Frontline Sugar Inc., Applicant: Charbel Constantine, Appearing on behalf of Mukesh Bhardwaj, Representative City of Toronto, Objector: Mark Crawford, Representative

Allegations

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17575 dated September 28, 2009 to review an application made by Frontline Sugar Inc. (the “Applicant”), operating or intending to operate as FRONTLINE SUGA, 1906 Wilson Avenue, Toronto, Ontario, M9M 1A8, (the “premises”), establishment number 27660, for a liquor sales licence for the indoor and outdoor areas of the premises with a capacity of 44 and 33 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 December 7, 2009 in the City of Toronto.

Decision

2After considering all the evidence and submissions the Board CONFIRMS its oral order and approves the application on the conditions set out below and subject to the receipt of all municipal approvals and licensing requirements.

Preliminary Matters

3Ms Taylor appeared on behalf of the Registrar. She advised that the Registrar took no position on the public interest aspects of the hearing.

4Mr. Mark Crawford, who appeared on behalf the City of Toronto (the “City”), requested party status by a letter dated November 13, 2009, which was granted by Vice-Chair McQuaid, on consent of the parties, in a letter dated November 13, 2009.

5Mr. Crawford informed the Board that the City has reached an agreement with the Applicant, whereby the City is prepared to support the application subject to conditions which the Applicant consents to. Mr. Crawford filed a copy of the Consent, signed by the City and the Applicant, with the conditions attached as Appendix A, and the Board entered same as Exhibit 1.

Order

6Given that the City has withdrawn its objection and the Licensee has consented to conditions acceptable to the City, the Board CONFIRMS its oral order approving the application for a liquor sales licence made by Frontline Sugar Inc., operating or intending to operate as FRONTLINE SUGA, 1906 Wilson Avenue, Toronto, Ontario, M9M 1A8, establishment number 27660, for a liquor sales licence for the indoor and outdoor areas of the premises, subject to all statutory conditions and municipal regulations.

7The Board ORDERS that the following conditions be attached to the licence on consent of the Applicant:

1. The City shall be notified should the Licensee or its successor make application to the Registrar to remove any or all of the conditions below.

2. The licensed premises shall close no later than 3:30 a.m. each day and no patrons will be allowed to enter or remain on the licensed premises after 4:00 a.m.

3. The premises shall not be used for an “after hours club”.

4. On Thursday, Friday and Saturday evenings after 8:00 p.m. while the licensed premises are open to patrons and for at least one hour after the licensed premises are closed to patrons, the licensed premises shall be staffed with at least one visibly identifiable licensed security guard for every one hundred (100) patrons in the licensed premises.

5. All security guards shall wear identification or clothing by which they can readily be identified as security guards.

6. The Licensee, acting reasonably, shall not admit anyone who wears gang paraphernalia of any kind including gang colours, bandanas, insignia, emblems or clothing.

7. All managers, employees and security staff working at the licensed premises must successfully complete an AGCO-approved server training course within sixty (60) days of the start of employment at the licensed premises.

8. The Licensee, acting reasonably, shall not play, or permit to be played, music, whether live or recorded, that has lyrics that sanction, promote or glamourize guns, knives or violence against women and police officers.

9. The Licensee shall not play, or permit to be played, music, whether live or recorded, on the outdoor patio after 11:00 p.m.

10. Between the hours of 11:00 p.m. and closing on Thursday, Friday, and Saturday evenings, security guards shall have a hand-held metal detector at the front entrance of the licensed premises and shall use the said metal detector to screen all patrons before entering the licensed premises.

DATED AT TORONTO THIS 10th DAY OF December , 2009.

KIRSTI HUNT, VICE-CHAIR, AGCO JACQUELINE CASTEL, BOARD MEMBER

ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF THE LIQUOR LICENCE ACT, R.S.O. 1990, C. L.19

AND IN THE MATTER OF THE LIQUOR LICENCE APPLICATION OF FRONTLINE SUGAR INC. OPERATING AS FRONTLINE SUGA, 1906 WILSON AVENUE, TORONTO, ONTARIO

CONSENT

WHEREAS Frontline Suga Inc. (“Licensee”) and the City of Toronto (“City”), collectively referred to as the “Parties”, have resolved all outstanding matters with respect to the liquor licence application by the Licensee for the licensed premises to be known as, Frontline Suga, located at 1906 Wilson Avenue, Toronto (“Licensed Premises”);

AND WHEREAS the City supports the application for a liquor licence for the Licensed Premises provided that the conditions, as set out in Schedule “A” attached to this Consent, are attached to the liquor licence of the Licensee for the Licensed Premises;

AND WHEREAS the Licensee has agreed to have the said conditions as set out in Schedule A attached to this Consent, attached to the liquor licence of the Licensee for the Licensed Premises.

NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Parties agree to as follows:

(a) to request that the Registrar or the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued a liquor licence to the Licensee for the Licensed Premises, attaching the conditions as set out in Schedule “A” attached to this consent;

(b) that the City receive a copy of the liquor licence as issued; and

(c) that the City be notified should the Licensee or its successor make application to the Registrar to remove any or all of the said Conditions.

Dated at Toronto this 7th day of December, 2009.

SCHEDULE “A”

Conditions to be attached to Liquor Licence for Frontline Saga, 1906 Wilson Avenue, Toronto

(a) The Licensed Premises shall close no later than 3:30 a.m. each day and no patrons will be allowed to enter or remain on the Licensed Premises after 4:00 a.m.

(b) The Premises shall not be used for an “after hours club”.

(c) On Thursday, Friday and Saturday evenings after 8 p.m. while the Licensed Premises are open to patrons and for at least one hour after the Licensed Premises are closed to patrons, the Licensed Premises shall be staffed with at least one visibly identifiable licensed security guard for every one hundred (100) patrons in the Licensed Premises.

(d) All security guards shall wear identification or clothing by which they can readily be identified as security guards.

(e) The Licensee, acting reasonably, shall not admit anyone who wears gang paraphernalia of any kind including gang colours, bandanas, insignia, emblems or clothing.

(f) All managers, employees and security staff working at the licensed premises must successfully complete an AGCO-approved server training course within sixty (60) days of the start of employment at the Licensed Premises.

(g) The Licensee, acting reasonably, shall not play, or permit to be played, music, whether live or recorded, that has lyrics that sanction, promote or glamourize guns, knives or violence against women and police officers.

(h) The Licensee shall not play, or permit to be played, music, whether live or recorded, on the outdoor patio after 11:00 p.m.

(i) Between the hours of 11:00 p.m. and closing on Thursday, Friday, and Saturday evenings, security guards shall have a hand-held metal detector at the front entrance of the Licensed Premises and shall use the said metal detector to screen all patrons before entering the Licensed Premises.