Registrar, Alcohol and Gaming Commission of Ontario v. 1663256 Ontario Inc., 2010 CanLII 86041

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-

1663256 Ontario Inc., operating as Pier 21/East Coast kitchen Applicant

DECISION

Panel: David C. Gavsie, Chair, AGCO Joan Lougheed, Board Member

Decision Date: December 31, 2010 Hearing Location: Ottawa, 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 1663256 Ontario Inc., Applicant | Janet Bradley, Representative

Exhibits

1. Map of ByWard Market
2. Applicant’s book of documents
3. Photos presented by J. Lamb #1 – 8, taken October 25, 2010
4. Package of objection letters & emails

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18252 dated August 20, 2010 to review the application for a liquor licence made by 1663256 Ontario Inc. (the “Applicant”), operating as PIER 21/EAST COAST KITCHEN, 111 Parent Avenue, Ottawa, Ontario, K1Y 1R1 (the “establishment” or the “premises”), liquor licence number 24853, on the basis that the AGCO has received one or more written objections to the Application. A hearing of the application was held on November 5, 2010 in the City of Ottawa.

Decision

2After considering all the evidence and submissions the Board APPROVES the Application made by 1663256 Ontario Inc. for additional indoor and outdoor capacities of 115 and 100 persons respectively at PIER 21/EAST COAST KITCHEN 111 Parent Avenue, Ottawa, Ontario, K1Y 1R1, on the conditions set out below. Reasons for these findings follow.

Preliminary Matters

3The Registrar is not taking a position on this matter.

4On agreement of all parties, Tina Birkenheier was granted party status.

5Ms Birkenheier, an Objector with party status, and Ms Janet Bradley, Licensee’s Representative, indicated to the Board during the course of the Hearing that they had reached an agreement based on conditions to be applied to the Licence for the indoor and outdoor capacity to be approved.

6To provide clarity, the parties agreed to refer to the patios as the Parent Street patio and the Murray Street patio.

7The Board reviewed the submission and agrees with the proposed amendments and conditions to the indoor capacity and the Murray Street and Parent Street patios.

Order

8Therefore, having considered the joint submission, the Board confirms its oral ORDER that the Application be APPROVED for additional indoor and outdoor capacities of 115 and 100 persons, respectively, but notwithstanding this approval, the following conditions are to be attached to the licence:

1. The request for additional capacity to the Parent Street patio is WITHDRAWN. There will be no increase in capacity to this patio.
2. That the outdoor additional capacity of the Murray Street patio be limited to an increase of 40 persons.
3. The Licensee shall provide a telephone number and email to Ms Birkenheier and the residents to give them the opportunity to register concerns or complaints.
4. Monthly meetings are to be scheduled at a set time between Mr. Stephen Monuk, a principal of the Licensee and Ms Tina Birkenheier, or their delegates to discuss issues regarding the licensed premises.