ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario (Registrar)
-and-
1804641 Ontario Inc. operating as Stirling Room (Licensee)
DECISION
Panel: S. Grace Kerr, Board Member Eleanor Meslin, Board Member
Decision Date: February 8, 2011 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 ) Aviva Harari, Representative 1804641 Ontario Inc., Applicant ) Pradeep Chand, Representative
Background
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18300 dated September 23, 2010 to review the application for a liquor licence for the outdoor area of the premises, with a capacity of 20 persons, made by 1804641 Ontario Inc. (the “Applicant”) operating or intending to operate as STIRLING ROOM, 55 Mill Street, Building 35-36, Toronto, Ontario, M5A 3C4, (the “establishment” or the “premises”), establishment number 814385, on the basis the AGCO has received one or more written objections to the application. A hearing of the application was held on January 24, 2011 in the City of Toronto.
Oral Motion at the Outset of the Proceedings
2When the hearing commenced, a couple of members of the Board of Directors of the 77 Mill Street, Toronto, condominium complex (“the Mill Street Condominium”), Bruna Notte (phonetic) and Gail Saxon asked that the Mill Street Condominium be named as Objector and be added as a party to the hearing.
3Ms Notte and Ms Saxon advised that, in late December 2010 / early January 2011, the Mill Street Condominium had dissociated itself from the negotiations undertaken by the Gooderham & Worts Neighbourhood Association Inc. (“GWNA”). It felt that the agreement GWNA was negotiating with the applicant no longer served or protected its residents and they decided to represent themselves. The Mill Street Condominium wished to raise its objections to the application at the hearing.
4On behalf of the Mill Street Condominium, Ms Notte and Ms Saxon acknowledged that they were aware of the application, that GWNA had objected in writing (Exhibit 1) by the date for objections to be received (August 14, 2010, or “the deadline”)), that they were also aware of the deadline, and that they did not, either personally or on behalf of the Mill Street Condominium, submit a letter of objection by the deadline.
5The Applicant objected to the request made by the Mill Street Condominium, for several reasons. The Applicant and the GWNA have resolved the objection. The applicant would be prejudiced as it had not been made aware of the Mill Street Condominium’s objections and, as a result, is not prepared to deal with those objections at this hearing.
6The Registrar took no position regarding the motion.
Ruling on the Oral Motion and Reasons
7After hearing and carefully considering the submissions made on behalf of the Mill Street Condominium and on behalf of the Applicant, the Board denied the motion made by the Mill Street Condominium.
8The Board concluded that the Applicant would be severely prejudiced if it were to allow the Mill Street Condominium to be added as a Resident Objector and made a party to these proceedings at this late time. The Mill Street Condominium was aware of the deadline for submitting letters of objection to the AGCO, but had failed to do so. An important purpose of the deadline is fairness to the applicant as well as the objectors.
9Furthermore, the Applicant had in good faith negotiated a mutually acceptable resolution to the objection that had been received on behalf of the GWNA in the reasonable understanding that it was the only objector to the application.
Agreement Reached
10The Board was advised that, by letter dated January 21, 2011 from the GWNA to Mr. Richard Kulis, an AGCO Representative, as well as to the AGCO Hearing Department (“the GWNA letter”), the GWNA would be withdrawing its objection to the application for a licence extension if five agreed-upon conditions (set out in the GWNA letter) were added to the Licence.
11Mr. Chand, on behalf of the Applicant, advised the Board that the Applicant agreed with the five conditions set out in the GWNA letter.
12The Registrar took no position regarding the application.
13The GWNA letter was made Exhibit 2, a copy of which is attached as Schedule “A” to this Decision.
Order
14Based on the agreement reached between the GWNA and the Applicant (Exhibit 2), the Board APPROVES the application for a liquor sales licence for the outdoor area of the premises, with a capacity of 20 persons, made by 1804641 Ontario Inc. operating as or intending to operate as STIRLING ROOM, 55 Mill Street, Building 35-36, Toronto, Ontario, M5A 3C4, (the “establishment” or the “premises”), establishment number 814385, subject to compliance with all statutory conditions and municipal regulations.
15Further, the Board ORDERS that the following conditions be attached to the licence:
There will be no sale or service of alcohol on the patio later than 11:00 p.m. (Alcohol purchased in the existing licensed area may be consumed on the patio after 11:00 p.m.).
No music or speakers will be allowed on the patio and the noise level of patrons will be controlled to a reasonable level.
A sign will be posted on the patio reminding patrons that they must respect the residential nature of the neighbourhood.
A telephone number for complaints will be provided which will be staffed during hours that the Stirling Room is serving alcohol.
The maximum number of patrons allowed on the patio at one