Registrar, Alcohol and Gaming Commission of Ontario v. Northwood Inn (2005) Inc., 2011 CanLII 10872

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-

Northwood Inn (2005) Inc. operating as Northwood Inn Licensee

DECISION

Panel: Allan Higdon, Board Member Joan Lougheed, Board Member

Decision Date: January 11, 2011 Hearing Location: Haliburton, 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 Northwood Inn (2005) Inc., Licensee ) Bonnie Maxwell, On her own behalf

Exhibits

1. Decision of September 6, 2007
2. Letters of objection – two submitted.
3. Stat sheet of attendance of patrons at Northwood Inn, submitted by Licensee

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18276 dated September 8, 2010 to refuse an application to amend a condition on liquor licence number 10816 made by Northwood Inn (2005) Inc. (the “Licensee”) operating as NORTHWOOD INN, 13588 Highway 118, Dysart Township, Haliburton, Ontario, K0M 1S0 (the “establishment” or the “premises”), on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on December 21, 2010 in the City of Haliburton.

Preliminary Matters

2No objectors were present. Confirmation was received from the AGCO Hearings Office that objectors had been properly notified of the hearing date and place. One objector, Mr. Neville, had contacted the office stating he would not be in attendance.

3Efforts were made to contact the second objector by telephone. Ms Cowan stated that she was elderly, very busy with holiday plans and unable to attend, but stated her letter outlined her concerns.

4The Licensee waived her right to legal counsel and elected to proceed without legal counsel or other representative.

Registrar’s Evidence

5Mr. Morris stated that conditions were attached to the licence as part of a previous Board decision. (Exhibit #1)

6He noted that the objectors live across the street from the establishment. He asked that the Board consider two things: if there has been a change in circumstances since the conditions were imposed and if a change is in the public interest.

Licensee’s Evidence

7Bonnie Maxwell stated she took ownership of the establishment in January, 2006 and implemented a number of changes, trying to be proactive.

8Ms B. Maxwell hired more mature and experienced security, including a female for washroom checks, etcetera. She increases security in the summer. She stated that there is a greater presence of security in the front of the establishment, security have walkie talkies, and numbered armbands are used to keep track of numbers and who has paid.

9When the smoking by-law came into effect in May 2006, Ms B. Maxwell opened an area at the back of the establishment to reduce noise at the front of the building. This area is not licensed.

10The Licensee indicated that the objectors originally thought they were addressing an outdoor patio area. She noted that the letters are from only two people objecting, even though there were others when the condition was applied in 2007 (Exhibit #2).

11She stated that the mailbox damage mentioned in one letter of objection, relates to damage that occurred in 2003. She stated that the letter from Mr. Neville relates to events and problems under the prior ownership.

12Ms B. Maxwell contacted the Ontario Provinicial Police (“OPP”) and was told that there were no noise complaints on record.

13Referring to Exhibit #3, Ms B. Maxwell presented attendance statistics, indicating that attendance drops off after September, since this is primarily a tourist area. To address the problems at the street edge, she has worked with the taxi company to ensure that pick-ups only occur at the base of stairs of the establishment. People are kept in a line for taxis. Her security is booked, based on the stats for events and summer. All the security have been on staff for three years, and have security and private investigator training.

14In response to questions from the Registrar, Ms B. Maxwell stated that security remains in the parking lot at closing time, until the lot is clear. She indicated that business is down.

15She stated that staff are outside all summer. There is live music on weekends in the summer and for special occasions in the winter.

16Ms B. Maxwell has installed a new sound system that allows for greater control of sound levels. She stated that she is asking for greater discretion for outside security during the winter months.

17Melanie Maxwell, the daughter of the Licensee, is an employee at the Northwood Inn. She stated that the statistic sheet indicates that the attendance rarely exceeds 50 people in the off-season.

18Ms M. Maxwell stated that on special occasions they have worked to address the noise concerns of the neighbours by keeping smokers outside at the back of the establishment, doors are kept closed, in summer there is a no re-entry policy, and taxis can only pick up at the front stairs to the establishment.

19Ms M. Maxwell indicated that she and Richard Hevesi, another staff person, had visited the homes of the objectors to talk with them. She stated that they indicated they were happy with the current management. She gave them her cell phone number, so she could be contacted directly if there were problems or concerns.

20She stated that there is a good working relationship with the OPP.

21In response to questions, Ms M. Maxwell stated that the Northwood Inn is 2km outside of town and off the main highway. Parking is in front of the establishment.

Registrar’s Submissions

22The Registrar noted that his instructions are to oppose any change, but noted that there had been some change, such as moving the smoking area to the back of the establishment.

23Mr. Morris asked that any change ensure that special occasions be defined and that the AGCO inspector receives ten days notice in advance of a special event.

Licensee’s Submissions

24Ms. B. Maxwell indicated that she had nothing further to add.

Reasons and Findings

25The Board has carefully reviewed and considered the evidence, exhibits and written submissions of both objectors in this matter. The Board found all the witnesses to have given their evidence in a clear and direct manner.

26The board acknowledges that the objectors were not present, and notes they had been properly notified of the hearing and contacted on the day of the hearing.

27The board elected to proceed giving full consideration to the reasons for the past condition and the concerns expressed in the letters submitted by the objectors.

28The Board acknowledges the positive and proactive efforts of the new owner and Licensee. As indicated in her evidence, changes were put into practice that included hiring more mature and experienced staff. The Licensee has ensured there is outside security, especially at peak attendance times, in the summer and during special events.

29The Licensee has put an unlicensed outdoor smoking area in the back of the establishment, to create a separation from the neighbouring residences.

30The Licensee has taken steps to set up a procedure for the taxi service to pick up patrons at the staircase to the establishment and has developed a positive working relationship with the OPP.

31Two senior staff members, Mr. Heveri and Ms M. Maxwell met with neighbours and gave them Ms M. Maxwell’s cell phone number, should the residents need to contact her directly to register any concerns or complaints.

32The OPP has informed her that there have been no noise complaints since the new ownership has been in place and the changes have been put into operation.

33The Board acknowledges the hardship of having staff outside in winter weather during the months and weekends with low attendance. The Board also acknowledges the financial implications for the Licensee for staffing security outdoors at these times.

34The Board is satisfied that the Licensee has been working in a responsible and proactive manner. The Licensee is commended for the positive work and initiatives that have been undertaken to address issues and concerns relating to the neighbouring residents. The Licensee is encouraged to continue to work to maintain this positive relationship.

Conclusion

35For the reasons given, the Board rescinds the original condition.

36To ensure that the resident concerns are addressed, the Board ORDERS that the following conditions be attached to liquor licence number 10816 issued to Northwood Inn (2005) Inc. operating as NORTHWOOD INN, 13588 Highway 118, Dysart Township, Haliburton, Ontario, K0M 1S0:

1. Two security persons shall be stationed outside the building to maintain order from 12:00 midnight to 3:00 a.m. on Friday and Saturday nights when the premises are in operation from the second weekend in June through Labour Day, inclusive;

2. Two security persons shall be stationed outside the building to maintain order from 12:00 midnight to 3:00 a.m. on the Friday and Saturday nights of the Easter weekend, the May long weekend (Victoria Day Weekend), and Thanksgiving weekend;

3. Two security persons shall be stationed outside the building to maintain order from 12:00 midnight to 3:00 a.m. on the Saturday before Halloween, on New Years Eve and the Saturday of the Beach Party Weekend.

DATED AT TORONTO, THIS 11^th^ day of January, 2011.