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-
808560 Ontario Ltd. operating as Sandy Lane Resorts
Applicant
-and-
Patrick Woodward
Objector
DECISION
Panel: Allan Higdon, Board Member Alex McCauley, Board Member
Decision Date: August 11, 2010
Hearing Location: Minden, 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 ) Bryna Kaplan, Representative 808560 Ontario Ltd., Applicant ) Joachim Majysek, On his own behalf ) and on behalf of the Corporate ) Licensee Patrick Woodward ) 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 17981 dated April 13, 2010 to review the application for additional licensed areas made by 808560 Ontario Ltd. (the “Applicant”) operating as SANDY LANE RESORTS, Lot 11, Concession 9, Stanhope Township – Township of Algonquin Highland, Minden, Ontario, K0M 2K0, liquor licence number 807565, on the basis the AGCO has received one or more written objections to the application. A hearing of the application was held on June 28, 2010 in the village of Minden (which is located within the Municipality of Minden Hills.)
Decision
2. After considering all the evidence and submissions the Board APPROVED the application to license additional indoor areas for an additional capacity of 118 persons. Reasons for these findings follow.
Preliminary Matters
3. Bryna Kaplan appeared on behalf of the Registrar. She advised the Registrar took no position on the public interest aspects of the hearing.
4. Joachim Majysek is an officer and shareholder. He appeared on his own behalf and on behalf of the Corporation and waived the right to be represented by a licensed representative.
5. Ms Kaplan introduced Exhibit #1 consisting of letters of objection to the proposed additional licensed capacity.
6. The panel asked for clarification as to the extent of additional capacity.
7. It was agreed by both parties the licensed premises has a current licensed capacity of 46 persons in the lower area and 86 in the upper area for a total capacity of 128 persons (which was reduced to a total of 82 persons due to a change in the configuration of the premises prior to the hearing).
8. The Applicant has constructed an addition to his building and is applying for an expanded capacity to 90 persons for the upper area and 74 persons for the expanded lower area. Combined with the 82 persons capacity in the existing area this would make a total capacity of 246 persons.
9. The revised capacity would constitute an additional capacity of 118 persons.
10. Only one objector attended the hearing.
Objectors’ Evidence
11. Patrick Woodard is a local resident and one of the persons who sent a letter of objection. He stated he was disturbed at night by fireworks that are sometimes set off by the resort. He found that the Licensee was very responsive to complaints and acted to address them.
12. The witness stated Sandy Lane Resort is well managed, a high end resort.
13. The witness is concerned about new owners if the resort is sold and if it would become a full-blown bar.
14. The witness stated he did not object to the additional capacity applied for by the Licensee.
15. On cross-examination, the witness stated the Licensee runs a tight ship. He does not think the additional capacity will affect problems with noise and the occasional fireworks show.
16. The witness stated he has never called municipal authorities to register his concerns.
Applicant’s Evidence
17. Joachim Majysek is the husband of the registered Licensee.
18. The witness stated he and his wife bought the resort in 1998. It is a family resort operated year round.
19. All guests are given a Welcome Book, in which they are urged to have respect for other residents with regard to noise or any disruptive behaviour.
20. The witness does not allow radios outside in order to control noise.
21. The Licensee has done everything to address any noise complaints. Windows are triple glazed, no windows are allowed to remain open, and additional soundproofing has been installed.
22. To ensure additional peace and quiet, the Licensee does not permit weddings to be conducted on premises in July and August. Those months are reserved for family time.
Reasons and Analysis
23. The Board noted the concerns expressed in the written objections presented. Some of the issues, such as road closures to relieve traffic congestion are beyond the power of the Licensee.
24. The sole objector present at the hearing stated he had no objection to the additional proposed capacity. His main concern was noise from fireworks.
25. It is clear that the Licensee operates a well managed operation and is considerate of its neighbours.
26. The evidence presented in opposition to the additional capacity is insufficient to deny the requested additional capacity.
Decision
27. The Board therefore confirms the oral ORDER approving the expansion of the licensed capacity of the premises from 128 to 246 persons, an additional capacity of 118 persons, of 808560 Ontario Ltd. operating as SANDY LANE RESORTS, Lot 11, Concession 9, Stanhope Township – Township of Algonquin Highland, Minden, Ontario, K0M 2K0, liquor licence number 807565.
DATED AT TORONTO, THIS 11^th^ day of AUGUST , 2010.
ALLAN HIGDON, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER