Registrar, Alcohol and Gaming Commission of Ontario v. 2238989 Ontario Inc., 2010 CanLII 80960

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-

2238989 Ontario Inc. operating as St. Louis Bar and Grill Licensee

-and-

Ron Sullivan Objector

DECISION

Panel: Jacqueline Castel, Board Member Beryl Ford, Board Member

Decision Date: August 23, 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 2238989 Ontario Inc., Licensee ) Jerry Levitan, Representative Ron Sullivan, Objector ) On his own behalf, and Representative for the objectors

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18154 dated June 21, 2010 to review the application for a liquor licence made by 2238989 Ontario Inc. (the “Applicant”) operating as or intending to operate as St. Louis Bar and Grill, 561 Danforth Avenue, Toronto, Ontario, M4J 1L7, (the “establishment” or the “premises”), establishment number 808965, on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on August 10, 2010 in the City of Toronto.

Preliminary Matters

2Mr. Dan Alakas appeared on behalf of the Registrar. He advised that the Registrar takes no position on the Application.

3Mr. Rory Sullivan, the representative for the objectors, was granted party status with the consent of the Applicant.

4The Board agreed to recess to give the Applicant and the objectors the opportunity to discuss an agreement. After a brief recess, Mr. Levitan informed that the Applicant and objectors are agreeable to the licence being approved subject to the attached conditions which the Board entered as Exhibit 1. The Board confirmed that the objectors and the Applicant agreed to the conditions, and they were signed by Mr. Steve Drexter on behalf of the Applicant and René Struik and Ron Sullivan on behalf of the objectors.

Order

5Therefore, the Board APPROVES the application by 2238989 Ontario Inc. operating as or intending to operate as St. Louis Bar and Grill, 561 Danforth Avenue, Toronto, Ontario, M4J 1L7, establishment number 808965, subject to compliance with all statutory conditions and municipal regulations. The Board further ORDERS that the conditions set out in Exhibit 1 and a typed version attached as schedule “A” to this decision, be attached to the licence.

DATED AT TORONTO THIS 23rd DAY OF August, 2010.

JACQUELINE CASTEL, BOARD MEMBER BERYL FORD, BOARD MEMBER

Attached

SCHEDULE “A”

IN THE MATTER OF THE LIQUOR LICENCE ACT AND IN THE MATTER OF AN APPLICATION BY 2238989 ONT. INC. OPERATING AS ST. LOUIS BAR AND GRILL LICENCE 808965 NOTICE OF PROPOSAL 18154

Agreed upon conditions:

1. The patio closing hours to be Sunday to Thursday 11:00 p.m. and Friday and Saturday 12:00 a.m. If the Sunday is part of a statutory holiday weekend, Sunday closing is extended to 12:00 a.m.
2. Smoking on the patio is restricted on the Carlaw Avenue section, so that smoking is permitted from 6:00 p.m. to closing of patio.
3. The Licensee shall erect a barrier on the perimeter of the patio, subject to the City of Toronto requirements, with the object of limiting the view of the interior of the patio from the nearby school, to the greatest extent possible.
4. The Licensee shall erect a sound barrier as close as possible and practical to the southern barrier of the patio, subject to City of Toronto requirements.
5. All perishable refuse shall be stored inside the premises. The Licensee shall maintain the outside storage shed in good working and secure order and it shall be locked at all times other than when in use.
6. There shall be no speakers or amplified sound equipment on the patio.
7. The garage pools on Carlaw Avenue shall be closed consistent with the hours of operation of patio.
8. Sign shall be posted in the establishment directing patrons to the closest public parking facilities.
9. Patio hours to extend to maximum allowed by City during the “Taste of the Danforth Festival”.