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-
Windsor Slovenian Cultural Club Zvon operating as or intending to operate as Windsor Slovenian Cultural Club Applicant
-and-
Idella Lazar Resident Objectors
DECISION
Panel: David C. Gavsie, Chair, AGCO S. Grace Kerr, Board Member
Decision Date: June 15, 2010 Hearing Location: Windsor, 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: Rena Khan, Representative Windsor Slovenian Cultural Club Zvon, Applicant: Martin Anthony Utrosa, on behalf of the Applicant Idella Lazar: 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 17945 dated March 17, 2010 to review the application for a liquor licence made by Windsor Slovenian Cultural Club Zvon (the “Applicant”), operating as or intending to operate as WINDSOR SLOVENIAN CULTURAL CLUB, 1367 Drouillard Road, Windsor, Ontario, N8Y 2R8, (the “establishment” or the premises”), establishment number 814104, on the basis the AGCO has received one or more written objections to the application. A hearing of the application was held on June 2, 2010 in the City of Windsor.
Decision
2Upon receiving the consent of the Resident Objectors and the Applicant based on the conditions referred to below, the Registrar taking no position in the matter, the Board APPROVES application for the indoor and outdoor areas with capacities of 187 and 125 persons on the conditions set out below.
Other Matters
3Rena Khan appeared on behalf of the Registrar. She advised the Registrar took no position on the public interest aspects of the hearing.
4Martin Anthony Utrosa is a member of the Board of Directors of the corporate Applicant. He appeared on behalf of the Corporation and waived the right to be represented by a licensed representative.
5Idella Lazar is a resident of the municipality and objects to the application for licence. She appeared before the Board on her own behalf and as the representative of the following objectors: Illes Lazar, Matilda Mlacak, Steven Lazar, Michelle Lazar, Frank Graham, Brenda Graham, Mr. and Mrs. H. Hickson, Lou Tome, Carol Tome, and Frank McGorman. On consent of all parties, the Board ordered Ms. Lazar be made a party to the proceedings.
Order
6Subject to the conditions set out below, the Board APPROVES the application by Windsor Slovenian Cultural Club Zvon, operating as or intending to operate as WINDSOR SLOVENIAN CULTURAL CLUB, 1367 Drouillard Road, Windsor, Ontario, N8Y 2R8, establishment number 214104, subject to compliance with all statutory conditions and municipal regulations.
Further, the Board ORDERS that the following conditions be attached to the licence:
- The holder of the licence shall ensure that, for all non-club sponsored events, that is, events that take place in the premises but are run by third parties, the sale and service of liquor shall end at 11:00 p.m. on the outdoor licensed area and the area shall be cleared of all signs of service by 11:45 p.m. at which time the outdoor licensed area shall be closed;
- The holder of the licence shall ensure that only one event, whether it be a club or non-club sponsored event, shall be held at a time at the establishment;
- The capacity of the outdoor licensed area shall be limited to a maximum of one hundred and twenty-five (125) persons.
DATED AT TORONTO, THIS 15th day of June, 2010.
DAVID C. GAVSIE, CHAIR, AGCO S. GRACE KERR, BOARD MEMBER