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-
Jimmyz Sports Bar Inc. intending to operate as
Jimmyz Sports Bar
Applicant
DECISION
Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member
Decision Date: November 24, 2010
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 ) Rena Khan, Representative
Jimmyz Sports Bar Inc., Applicant ) Randall Barrs, Representative
Enzo Terrone, Chair, Fairbank Village BIA ) On his own behalf and on behalf of the resident objectors
The Application
[1]. The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18248 dated August 19, 2010 to review the application for a liquor licence made by Jimmyz Sports Bar Inc. (the “Applicant”) operating as or intending to operate as JIMMYZ SPORTS BAR, 1861-63 Eglinton Avenue West, Toronto, Ontario, M6E 2L3 (the “establishment” or the “premises”), establishment number 814454, on the basis the AGCO has received one or more written objections to the application. A hearing of the application was held on October 18, 2010 in the City of Toronto.
Preliminary Matters
[2]. Enzo Terrone, Chair of Fairbank Village Business Improvement Area was granted standing at the hearing representing the objectors.
[3]. Rena Khan appeared on behalf of the Registrar. She advised that the Registrar takes no position.
[4]. Exhibit # 1 is a letter of objection from the Fairbank Village Business Improvement Area (BIA), dated July 14, 2010 signed by Enzo Torrone, Chair.
[5]. Exhibit # 2 is a letter from the City of Toronto, objection to the proposed establishment by Council.
Decision
[6]. After considering all the evidence and submissions, the Board APPROVES the application made by Jimmyz Sports Bar Inc. for a liquor sales licence at JIMMYZ SPORTS BAR, 1861-63 Eglinton Avenue West, Toronto, Ontario, M6E 2L3, on the conditions set out below. Reasons follow.
Objectors’ Evidence
[7]. Enzo Torrone is a member of the community and has been since 1976.
[8]. He is the Chairperson of the Fairbank Village BIA, an association to better the community.
[9]. His concerns emanate from what he has seen recently with bars being out of control. He alluded to criminal activity taking place in the community often associated to licensed premises.
[10]. The proposed location used to be licensed as T&T Sports Bar which, in his view, was notorious for allowing matters to slip out of control. This bar’s management showed a total lack of concern for the neighbourhood.
[11]. Mr. Torrone states these types of establishments push legitimate businesses out of the community allowing the undesirables to take over.
[12]. In the organization Mr. Torrone represents, there are approximately 120 members. Their ambition is to attract solid businesses to anchor the community.
[13]. Mr. Torrone believes that the current situation in the Eglinton Dufferin area is that licensed premises there are under policed. He questions what will happen if another bar gets licensed and there are troubles as a result, how will the problem be corrected?
[14]. In cross-examination, Mr. Torrone stated that he and his father manage and own a furniture store which has operated in the area since 1964.
[15]. The witness stated they were not in support of a city by-law preventing licensed establishments in the area as this might deter an upscale business.
[16]. The witness stated he wanted to see a responsible licensee. He admitted to not knowing the Applicant’s previous track record, relative to operating a licensed establishment.
[17]. Joe Torrone is the father of the previous witness. He has operated a business in the neighbourhood since the sixties. He described the area in the sixties and seventies as a good area. Now it is hampered by drug traffickers, and drugs in the area.
[18]. The previous licensed establishment at the location in question, T&T Sports Bar, was close to his building and caused him lots of problems. He was equally concerned about other bars operating in his neighbourhood.
[19]. The witness was concerned that to permit the Applicant to open the bar and set up off- track betting will be disastrous to the community. In his view the community is improving and off-track betting will only make it worse.
[20]. In cross-examination, when asked if he was familiar with the applicant, he replied that they were nice people but the location for the business was wrong. In his view there is insufficient space for the clientele to park, walk, etc. and it could lead to congestion and loitering.
[21]. The witness stated he was not interested in seeing the plans for the future licensed premises.
Applicant’s Evidence
[22]. Manolis Makris, the Applicant, is 37 years of age. He has purchased the premises conditionally upon being granted a liquor licence. The purchase price for the property is 1.2 million dollars. His plans are to renovate the premises, improve the lighting and put in video surveillance around the exterior and interior of the premises. He is the current owner of PM Toronto, and has held a liquor licence for 6 years. He has never had any problems.
[23]. The current premises he operates is licensed and regulated for off-track betting. The applicant is currently a member of the Champions Teletheatre Network, which is one of 24 establishments in the Woodbine entertainment group which licenses off-track betting establishments.
[24]. The planned capacity for the proposed premises is 97 patrons. The hours of operation will be from 11:00 a.m. until 11:00 p.m. The witness stated he had no objection to this being a condition of the licence if granted.
[25]. The premises would be set up for table seating. He would have a maximum of 60 screens. In his current establishment he has 100 screens.
[26]. The witness stated if he is successful in obtaining a licence for Jimmyz, he intends to cease operations at his current location.
[27]. Exhibit 3 was tendered; it is the proposed seating plan.
[28]. The witness stated he is prepared to discuss his operation with objectors such as the Torrones. The witness is of the belief that he will be an asset to the community. He is even prepared to join the Fairbank Village BIA.
[29]. His commitment to the location in question is long term. He is preparing to invest a substantial amount of money in the community.
[30]. The witness is not concerned about parking issues as there are 60 spots available in a municipal parking lot on the north side of the street.
[31]. In cross-examination, the witness stated he does not anticipate any problems with crowding. He stated that he would have one full time security person employed.
[32]. In a reply question from the Board, the witness stated that his current establishment has a licensed capacity of 450 persons.
[33]. Ernest Trenke is a supporter. The witness is a business person. He has been a real estate broker for 46 years. He knows the Applicant and his family and describes them as honest hard working business people. It is his opinion that the Applicant will be an asset to the community.
[34]. The witness has been in attendance at the Applicant’s current establishment, and describes it as a well managed premise.
[35]. In cross-examination, the witness admitted he is not that familiar with the location that the applicant seeks to obtain. He stated he did not reside too far from there. The witness admitted he has not walked the neighbourhood in question at night for some time.
[36]. Luis Lima knows the applicant and is supportive of his attempt to open Jimmyz Sports Bar. The witness resides a couple of blocks from the proposed Sports Bar. He believes Jimmyz will be an asset to the community.
[37]. The witness was not cross-examined.
[38]. Tony Petropoulos is a business man who is familiar with the Applicant. He has attended at the Applicant’s current licensed business and states that it is well run. He believes the Applicant will be an asset to the community and will bring clients to the area from other places in the city.
[39]. In cross-examination, the witness stated it is possible that there are better locations, but many factors must be considered including costs.
[40]. Jim Papadopoulos knows and supports the Applicant. The witness is a property owner a couple of blocks west of the proposed site.
[41]. The witness knows the Applicant’s entire family and has done business with them in the past.
[42]. The witness was not cross-examined.
[43]. Brian Brett is the director of off-track betting for the Woodbine Entertainment Group. Woodbine Race Track is the head office for Mr. Brett’s organization. They license and oversee off-track betting sites, under the auspices of the Ontario Racing Commission. Their operations are from Oakville to Oshawa and there are currently 26 licensees operating in that area.
[44]. In order to obtain the licence, the premises must be a sports bar that meets the standard required. The Woodbine Entertainment Group does their own inspection and potential licensees are subjected to further background checks by the Ontario Racing Commission.
[45]. They, along with the Ontario Racing Commission, conduct field inspections. In the witness’s words, they are a very highly regulated industry.
[46]. In addition to video on site, the Woodbine Entertainment Group has video installed and in the event of problems the police are immediately notified.
[47]. The Applicant and his current establishment are one of Woodbine Entertainment Group’s licensees. The witness describes Mr. Makris as an excellent operator and fully supports his request to be licensed at the proposed location.
[48]. In cross-examination, the witness stated that in the event of problems or criminal activity at a licensed site, the remedy would be to withdraw the licence.
[49]. The Board received the following letters of support:
Exhibit #4 - Tom Papakonstantinou, Manager, Network Development, Woodbine Entertainment Group. He was in attendance and supports the proposed move to Jimmyz Sports Bar;
Exhibit #5 - letters of support from Mike Madden and Keith Sprinter.
Objectors’ Submissions
[50]. Mr. Torrone, on behalf of the objectors, submitted that the licence should not be granted because this type of activity is not suited to the community. It is a mid to low income community with many unresolved issues.
[51]. The physical location is in a cramped space that could lead to loitering or obstruction of persons walking past the premises.
[52]. He submitted that many local residents were frightened to speak out.
Applicant’s Submissions
[53]. Mr. Barrs, on behalf of the Applicant, submitted that the onus was on the objectors to show cause as to why the licence should not be issued and that they had not done this.
[54]. The problems with the previous licensee at this location are not the Board’s issue. The Board must assess this applicant’s ability to operate a proper business.
[55]. The City of Toronto sent a letter of objection but never followed up on it. They had no representation at the hearing, or shown that they conducted any investigation relevant to this application. That letter of objection should be given no weight by this Board.
[56]. The only objectors here are Enzo Torrone and his father. It is clear their minds are made up and they do not even want to enter into discussions with the Applicant.
[57]. The history of this applicant is very positive. There has been no negative evidence entered. The people in authority on behalf of the Woodbine Entertainment Group have shown strong support for this applicant. In addition, we have heard evidence that inappropriate behaviour on the part of the licensee or his establishment will not be tolerated.
[58]. The hours of operation at the proposed establishment are reasonable. Service will cease at 11:00 p.m. It is an established fact that many problems in licensed establishments occur between midnight and 3:00 a.m.
Decision
[59]. The onus is clearly on the objectors to establish that the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality.
[60]. Further Section 7.1(1) of O. Reg. 719/90 reads in part that, “In the absence of evidence to the contrary, the board of the Alcohol and Gaming Commission of Ontario shall consider a resolution of the council of the municipality … as proof of the needs and wishes of the residents of the municipality”.
[61]. In considering first the letter from the City of Toronto, the Board agrees with the submissions of the Applicant’s counsel that the letter should be given little or no weight. It is clear that the City of Toronto had little interest in this application. No one attended on the City’s behalf, nor were any submissions offered.
[62]. The positions of the objectors as submitted by Enzo Torrone are not sustainable. Their objections are based on the performance of a previous licensee that has no relationship whatsoever with the current Applicant. The two business styles are not even comparable. Neither Enzo Torrone nor his father have shown any willingness to meet with the Applicant and discuss his plans vis-à-vis their concerns.
[63]. The Board was very impressed with the support for this Applicant, especially the strong support of the Woodbine Entertainment Group. This organization has significant liquor license experiences and oversight capabilites are giving strong support to this applicant. This group has had extensive experience in dealing with this applicant and clearly he more than satisfies their expectations.
[64]. The Applicant, Manolis Makris, has an impressive record. He has operated a much larger establishment in Toronto in excess of 6 years without problems. Mr. Makris is intent on making this business a success.
[65]. The objectors have not shown that granting a liquor licence to Jimmyz Sports Bar Inc. at 1861-63 Eglinton Ave. West, Toronto would not be in the public interest. To the contrary, the Board is of the view that this establishment will be a positive enhancement to the community.
[66]. For the above reasons, the Board APPROVES the application by Jimmyz Sports Bar Inc. intending to operate as JIMMYZ SPORTS BAR. 1861-63 Eglinton Ave. West, Toronto, Ontario, M6E 2L3, establishment number 814454 subject to compliance with all statutory conditions and municipal regulations.
[67]. The licence will be subject to the following condition:
- Hours for the sale of liquor shall be 11:00 a.m. to 11:00 p.m. and all signs of service shall be cleared by 11:45 p.m.
DATED AT TORONTO, THIS 24 day of November , 2010.
DAVID C. GAVSIE , CHAIR, AGCO ALEX McCAULEY, BOARD MEMBER