Registrar, Alcohol and Gaming Commission of Ontario v. Gilkem Holdings Inc., 2010 CanLII 81023

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-

Gilkem Holdings Inc. operating as Bungalow (The) Licensee

DECISION and amending order

Panel: David C. Gavsie, Chair, AGCO Brian Ford, Board Member

Decision Date: October 12, 2010 Hearing Location: London, 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 Gilkem Holdings Inc., Licensee ) Scot Crawford, On his own behalf and on behalf of the Licensee

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18166 dated June 24, 2010 to review the application for additional licensed areas made by Gilkem Holdings Inc., (the “Applicant”) operating as or intending to operate as BUNGALOW (THE), 910 Waterloo Street, London, Ontario, N6A 3W9, (the “establishment” or the “premises”), liquor licence number 91550, on the basis that the AGCO has received one or more written objections to the application. A hearing of the application was held on August 26, 2010 in the City of London.

2An Order was issued by the Board on September 2, 2010 approving the application with conditions. In this Order, condition # 3 was misstated, which is amended in paragraph 16 of this Decision.

Preliminary Matters

3Mr. Scot Crawford was not represented and was advised of his right to representation by legal counsel or other representative. Mr. Crawford stated he understood his right to counsel but waved his right.

4The Board was advised by the Registrar’s counsel, Ms Khan, that the Registrar took no position in the matter before the Board.

5The Board was further advised by Ms Khan that the Applicant and the objectors had come to an agreement. The objectors withdrew their objection to the licence as a result of the Applicant agreeing to conditions being placed on the liquor licence.

6Ms Khan noted all the objectors except one signed the letter removing their objections. The person who did not sign was to fax the AGCO a letter withdrawing his objection on the date of the Hearing.

7The Board received as Exhibit # 1 a letter of objections from I. H. dated May 17, 2010.

Applicant

[8] Scot Crawford is a shareholder of the establishment. He stated that at the OMB hearing, conditions had been placed on his opening a patio at the establishment. The OMB conditions were:

1. Site plan approval required,
2. The plan should be similar to the sketch and in accordance with the sketch,
3. Liquor licence needs to be obtained,
4. Patio does not extend onto City land,
5. No music allowed on the Patio by any means,
6. Patio floor will be at ground level.

[9] Mr. Crawford stated the establishment would comply with all of the OMB conditions. In addition, he agrees to the following conditions being placed on his liquor licence for the patio:

1. Open at 11:30 a.m. Sunday through Saturday
2. Stop service at 10:00 p.m. Sunday through Thursday
3. Stop service at 10:30 p.m. Friday and Saturday
4. All evidence of service, as well as customers are removed not later than 45 minutes after service is stopped

10No music live or otherwise on the patio, all licensing requirements and the receipt of all applicable municipal compliance letters, and OMB conditions.

11Mr. Crawford stated 80 per cent of his business is through the sale of food.

Objectors

12P.C. is an objector and withdrew his objection. Parking was a problem but he stated he no longer feels it is a problem.

13A.L. is an objector and also withdrew her objection. Ms L. stated parking was a problem and there was formerly a noticeable increase in traffic but that it is not a problem now.

Decision

14The Board noted that the one objector who did not withdraw his objection was not present at the hearing and was believed to be in agreement with withdrawing it in light of the conditions. The Board also noted that the issues he had were similar to those of the other objectors and seemed to have been dealt with.

15The Board heard from the majority of objectors who withdrew their objections with the knowledge that there would be conditions, which were agreed to by the Applicant, on the Liquor Licence.

16THEREFORE, the Board APPROVES the application made by Gilkem Holdings Inc. operating as BUNGALOW (THE), 910 Waterloo Street, London, Ontario, N6A 3W9, liquor licence number 91550, subject to the following conditions, which were consented to by the Applicant for the patio area:

1. Service of liquor shall start at or after 11:30 a.m. from Sunday through Saturday.
2. Service of liquor shall end at or before 10:00 p.m. from Sunday through Thursday.
3. Service of liquor shall end at or before 10:30 p.m. on Friday and Saturday.
4. All signs of service of liquor, as well as patrons, will be removed no later than 45 minutes after service has stopped.
5. There shall be no live or other music on the patio.
6. Completion of all licensing requirements and the receipt of all applicable municipal compliance letters and compliance of any OMB conditions.

DATED AT TORONTO, THIS 12^th day of October, 2010.