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-
6668135 Canada Inc. operating as Col. Mustard’s Pub & Deli
Applicant
DECISION
Panel: Jacqueline Castel, Board Member Beryl Ford, Board Member
Decision Date: January 27, 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 6668135 Canada Inc., Applicant ) Jay Bernholtz, Representative
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18424 dated November 18, 2010 to review the application for additional licensed areas made by 6668135 Canada Inc. (the “Applicant”) operating as COL. MUSTARD’S PUB & DELI, 6545 Highway 7 East, Units 21 and 22, Markham Mall, Markham, Ontario, L3P 3B4, (the “establishment” or the “premises”), liquor licence number 22195, on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on January 20, 2011 in the City of Toronto.
2Several resident objectors attended.
3Ms Harari and Mr. Bernholtz submitted Minutes of Settlement (Exhibit #1) which form part of this decision. The Minutes of Settlement were signed by the resident objectors in attendance at the hearing.
Order
4In light of the Minutes of Settlement, the Board APPROVES the application made by 6668135 Canada Inc. (the “Applicant”) operating as COL. MUSTARD’S PUB & DELI, 6545 Highway 7 East, Units 21 and 22, Markham Mall, Markham, Ontario, L3P 3B4, liquor licence number 22195, for an additional outdoor area of 47 persons, subject to compliance with all statutory conditions and municipal regulations.
5Further, the Board ORDERS that the following conditions be attached to the licence:
- Only background music shall be played on the outdoor area.
- Service of liquor on the outdoor area shall cease at 11:59 p.m. on Sunday through Thursday.
- The Licensee shall not make application to the Registrar to remove these conditions prior to October 1, 2011.
- Prior to making application to the Registrar with respect to any change to the conditions set out herein the Licensee shall provide written notice to the residents of 26 Senator Reesor’s Drive, 24 Senator Reesor’s Drive, 20 Senator Reesor’s Drive, 16 Senator Reesor’s Drive and 18 Senator Reesor’s Drive, of the intention of the Licensee to make application to have the conditions removed or modified.
DATED AT TORONTO, THIS 27th day of January , 2011.
JACQUELINE CASTEL, BOARD MEMBER BERYL FORD, BOARD MEMBER
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF AN APPLICATION BY 6668135 CANADA INC.
OPERATING AS COL. MUSTARD’S PUB AND DELI, 6545 HIGHWAY 7 EAST,
UNITS 21 & 22, MARKHAM MALL, MARKHAM, LICENCE NO. 22195
MINUTES OF SETTLEMENT
The Applicant, who has been advised by counsel, and the objectors agree that the following conditions shall be attached to the liquor licence, in consideration of which, the objectors shall withdraw their objections to the application for an outdoor licensed area:
- There shall be background music only played on the outdoor area.
- Service of liquor on the outdoor area shall cease at 11:59 p.m. on Sunday through Thursday.
- The Licensee shall not make application to the Registrar to remove these conditions prior to October 1, 2011.
- If the Licensee makes application to remove the conditions same shall be in accordance with the provisions of the Liquor Licence Act and Regulations.
- Prior to making application to the Registrar with respect to any change to the conditions set out herein the Licensee shall provide written notice to the residents of 26 Senator Reesor’s Drive, 24 Senator Reesor’s Drive, 20 Senator Reesor’s Drive, 16 Senator Reesor’s Drive and 18 Senator Reesor’s Drive, of the intention of the Licensee to make application to have the conditions removed or modified.
Dated this 20th day of January, 2011.
6668135 CANADA INC.
Jeyakumar Thamotharampillai Aviva R. Harari
“I have the authority to bind the Corporation” Counsel for the Registrar
Jay Bernholtz Ian Y. Oliver
Counsel for the Applicant
Cathy Harvey John Lythe