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-
Carrie Ann Crick and Calvin Ralph Crick operating as or intending to operate as Korova Milkbar
Applicant
-and-
Palmerston Area Residents Association
Objector
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Allan Higdon, Board Member
Decision Date: June 29, 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 ) Phillip Morris, Representative ) Rena Khan, Representative
Carrie Ann Crick and ) Calvin Ralph Crick, Applicant ) Adil Farooq, Representative
Palmerston Area Residents Association, Objector ) Peter Shoebridge, Representative
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17985 dated April 6, 2010 to review the application for a liquor licence made by Carrie Ann Crick and Calvin Ralph Crick (the “Applicant”) operating as or intending to operate as KOROVA MILKBAR, 488 College Street, Toronto, Ontario, M6G 1A4, (the “establishment” or the “premises”), establishment number 23144, on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on June 17, 2010 in the City of Toronto.
Decision
- On consent of the parties, the Board APPROVES the application made by Carrie Ann Crick and Calvin Ralph Crick operating as or intending to operate as KOROVA MILKBAR subject to the conditions set out below.
Preliminary Matters
On consent of the Applicant and the Registrar, the Palmerston Area Residents Association (PARA) was made a party to the proceedings.
Mr. Morris advised that the Registrar was not taking a position regarding the Application.
Mr. Morris and Mr. Farooq advised the Board that the application for a licensed outdoor area on the second floor of the premises had been withdrawn. They further confirmed that the licensed capacity sought is 74 indoor (34 on the main level and 40 on the upper level) and 29 outdoor (main level).
Reasons
- After lengthy discussions prior to the commencement of the hearing, the parties reached an agreement (Exhibit 4). On the basis of the acceptance of the conditions set out in Exhibit 4, Mr. Shoebridge confirmed that PARA was prepared to withdraw its objection to the application for a liquor licence.
Order
Therefore, after considering the exhibits and the submissions, the Board APPROVES the application by Carrie Ann Crick and Calvin Ralph Crick operating as or intending to operate as KOROVA MILKBAR, 488 College Street, Toronto, Ontario, M6G 1A4, establishment number 23144, subject to compliance with all statutory conditions and municipal regulations.
Further, the Board ORDERS that the following conditions be attached to the licence:
That an automatic door be installed on the second floor smokers’ area to prevent noise from emanating from inside to the outside area and that there be no outside speakers on the second floor smokers’ deck.
For the main floor outside, music is to be kept at a low volume (as background music only) and all music shall stop at 10:00 p.m.
The main floor outside patio hours are as follows:
a) Sunday night to Thursday night Sale and service of liquor and food ceases at 11p.m. Signs of sale and service are cleared by 11:45 p.m. Patio vacated by 12:00 a.m. (midnight)
b) Friday and Saturday night Sale and service of liquor and food ceases at 12:00 a.m. (midnight) Signs of sale and service cleared by 12:45 a.m. Patio Vacated by 1:00 a.m.
b.1) Hours of operation for Friday and Saturday nights will be amended upon the Registrar of the Alcohol and Gaming Commission being advised in writing of the construction of a fence and sound proofing around the main floor outside patio to the satisfaction of the Palmerston Area Residents Association, thereafter hours of operation will be as follows:
Friday and Saturday night Sale and service of liquor and food ceases at 1:00 a.m. Signs of sale and service cleared by 1:45 a.m. Patio vacated by 2:00 a.m.
Signs shall be posted about the need to be quiet and to respect the need for nearby residents to enjoy peace and quiet.
The owner/operators shall convey to neighbours a phone number of a responsible person who can be contacted in the event of a problem with noise or disruptive behaviour.
The holder of the licence shall offer menu food and non-alcoholic drinks to patrons at all times that liquor is sold or served.
The holder of the licence shall not provide or permit amplified music or other forms of entertainment in outdoor areas of the premises, except as noted in condition (2) above.
The holder of the licence shall not permit unreasonable sound levels to be emitted from the premises that are likely to disturb the quiet, peace, rest, enjoyment, comfort, convenience or safety of the nearby neighbourhood inhabitants in their residences.
The holder of the licence shall not have any of the following in operation on the premises: video/arcade-type or other electronic games, manual games, video or TV screens of any size for patrons’ public viewing (except PowerPoint-type presentations), dance floor/area, DJ playing music, live band performing music, pool/billiard table, karaoke machine and microphones, jukebox, or any other type of entertainment feature/offering that would create disturbing noise or appeal to youths.
Live band performing music and DJ playing music shall be permitted only if the establishment is owned by Carrie Ann Crick and Calvin Ralph Crick or Tyler Crick or Brittany Crick or any company controlled by the Crick family.
The holder of the licence, in addition to the foregoing conditions to suppress music and noise, shall make reasonable efforts to ensure patrons do not cause excessive noise from the operation of patrons’ motor vehicles.
The holder of the licence shall ensure that no person under the age of 19 years enters the premises unaccompanied by a parent or legal guardian.
The holder of the licence shall ensure that managers and servers hold a Smart Serve certificate of server training or other similar program approved by the Board of the Alcohol and Gaming Commission of Ontario at the time employment commences.
The holder of the licence shall ensure that all liquor containers and garbage are kept in an enclosed and secure container(s).
The holder of the licence shall ensure there is a designated and supervised area for smokers, with ashtrays provided, that does not adversely affect property adjacent to the premises.
The holder of the licence shall commit to following the laws and guidelines of the Province of Ontario with regard to the serving of alcohol.
DATED AT TORONTO, THIS 29th day of JUNE , 2010.
PATRICIA MCQUAID, VICE-CHAIR, AGCO ALLAN HIGDON, BOARD MEMBER