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-
G Spot Bistro Inc. operating as G Spot Bistro Applicant
DECISION
Panel: Brian J. Ford, Board Member Joan Lougheed, Board Member
Decision Date: December 16, 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 G Spot Bistro Inc., Licensee ) Jerry Herszkopf, Representative
Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17378 dated July 15, 2009, to review an application made by G Spot Bistro Inc., (the “Applicant”), operating as G SPOT BISTRO, 2183 – 2185 Danforth Avenue, Toronto, Ontario, M4C 1K4, liquor licence number 807011, to licence additional indoor and outdoor areas for 31 and 10 persons, 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 December 14, 2009, in the City of Toronto.
Decision
2After considering all the evidence and submissions, the Board confirms its oral order and APPROVES the application for an additional 10 outdoor seats. Reasons follow.
Preliminary Matters
3Mr. Morris stated that the Registrar is not taking a position on this Application.
4Mr. Morris stated that the Applicant has withdrawn the application for an additional 31 indoor seats.
5Mr. Herszkopf confirmed this change in the application stating that this is being done with the understanding that it is without prejudice to future applications for additional seating.
6He stated that the City of Toronto has given approval for 14 additional outdoor seats but the application remains in place as submitted. He stated that there may be an application submitted to the Alcohol and Gaming Commission of Ontario (“AGCO”) for the additional four seats.
7Ms Cassandra Platt, Case Management Coordinator, confirmed that notification letters were sent to all the objectors as of November 10, 2009 and follow up e-mails were sent to those objectors who had provided e-mail addresses.
8The objectors, despite having been notified of the hearing, were not present and therefore the Board was unable to assess their level of objection.
9Mr. Herszkopf requested that the hearing proceed ex parte. In the absence of any objectors and being satisfied that appropriate notice to objectors had occurred, the Board agreed to proceed ex parte.
10Mr. Morris submitted Exhibit #1, which is a package of letters of objection and Exhibit #2, which is a letter from Michael Polanyi withdrawing his objections.
Reasons & Analysis
11The Board notes that the Applicant has withdrawn the portion of the application for an additional 31 indoor seats, which is being withdrawn without prejudice to any future application.
12The Board acknowledges the concerns of the objectors, as contained in the correspondence as it relates to issues such as noise and parking. These concerns may best be addressed through the city by-laws and through ongoing communication with the Licensee and City Councillor. The Board accepts the information provided by Mr. Herszkopf that the City of Toronto has already reviewed and supports the patio application.
Order
13For the above-mentioned reasons, the Board APPROVES the application for an additional 10 outdoor seats made by G Spot Bistro Inc., (the “Applicant”), operating as G SPOT BISTRO, 2183 – 2185 Danforth Avenue, Toronto, Ontario, M4C 1K4, liquor licence number 807011, subject to all statutory conditions and municipal regulations.
DATED AT TORONTO THIS 16th DAY OF December , 2009.
BRIAN J. FORD, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER