Editor’s Note: An amendment released on March 25, 2011. Original judgment has been corrected with text of the amendment appended.
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-
Black Hoof Inc. (the) operating as Hoof Café (The)
Applicant
DECISION
Panel: Brian Ford, Board Member Joan Lougheed, Board Member
Decision Date: March 23, 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 ) Lorenzo Policelli, Representative Black Hoof Inc. (The), Applicant ) Simon Bieber, Representative
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18133 dated June 8, 2010 to review an application for licence for additional licensed area made by Black Hoof Inc. (The) (the “Applicant”), operating as HOOF CAFÉ (THE), 923 Dundas Street West, Toronto, Ontario, M6J 1W2, licence number 23881, on the basis that the AGCO has received one or more written objections to the application.
Decision
2After considering all the evidence and submissions the Board APPROVES the Application made by Black Hoof Inc. (The) for an additional outdoor area for 12 persons at Hoof Café (The), 923 Dundas Street West, Toronto, Ontario, M6J 1W2, on the conditions set out below. Reasons for these findings follow.
Preliminary Matters
3There were no objectors present and only one objector, Ms. Jessica Runge, notified the office on the day of the hearing that she was unable to attend.
4Vanetta Colaco, staff person from the AGCO Hearings Office, was sworn in and provided evidence that six registered objectors had been properly notified of the hearing date and place.
Registrar’s Evidence
5Mr. L. Policelli appeared on behalf of the Registrar. He advised that the Registrar was not taking a position on this matter.
Applicant’s Evidence
6No witnesses were called.
7In response to questions from the Board, Mr. Bieber, Licensee’s Counsel, confirmed that the application was for an addition to the licence for a 12-person outdoor area and that the notification of the application had been properly posted.
8Mr. Bieber stated that there had been an OMB hearing; the request was for 20 seats and OMB approval was received for 12 seats.
9Confirmation and clarification was received from all parties that the application is for 12 outdoor seats.
10The Licensee stated that conditions to the approval would be acceptable.
Decision
11The Board has carefully reviewed and considered the evidence, exhibits and written submissions of objectors in this matter.
12The 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.
13The Board elected to proceed giving full consideration to the concerns expressed in the letters submitted by the objectors.
14The Applicant is encouraged to continue to work to respond to issues and concerns of neighbouring residents and to develop a positive relationship.
15The Board APPROVES the application for an additional outdoor area of 12 persons,
Order
16For the above reasons, the Board APPROVES the application for an outdoor area of 12 persons of Black Hoof Inc. (The), operating as HOOF CAFÉ (THE), 923 Dundas Street West, Toronto, Ontario, M6J 1W2, licence number 23881, subject to compliance with all statutory conditions and municipal regulations.
17Further, to ensure that the resident concerns are addressed, the Board ORDERS that the following conditions be attached to liquor licence number 23881:
- No music of any kind will be provided either on the patio or projected onto the patio;
- A two metre high acoustical wood fence to be constructed on the south side, adjacent to the residential unit;
- Smoking is not permitted on the outdoor patio;
- The patio will close at 10 p.m. with all patrons to be off the patio, and the Licensee is to ensure that no one is on the patio after this time;
- All signs of sale and service to be cleared by 9:15 p.m.
DATED AT TORONTO, THIS 23 day of MARCH , 2011.
BRIAN FORD, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER
March 29, 2011
Anthony Carnovale c/o Hoof Café (The) 923 Dundas Street West Toronto, ON M6J 1W2
Re: HOOF CAFÉ (THE) Licence Number 23881 Decision dated March 23, 2011
In the Board’s Decision dated March 23, 2011, due to a clerical error, there was a misstatement contained in paragraphs, 1, 2, and 16.
Pursuant to Rule 2.6 of the AGCO Revised Rules of Practice, the Order has been corrected to read as follows:
The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18133 dated June 8, 2010 to review an application for licence for additional licensed area made by Black Hoof Inc. (The) (the “Applicant”), operating as HOOF CAFÉ (THE), 923 Dundas Street West, Toronto, Ontario, M6J 1W2, licence number 23881, on the basis that the AGCO has received one or more written objections to the application.
After considering all the evidence and submissions the Board APPROVES the Application made by Black Hoof Inc. (The) for an additional outdoor area for 12 persons at Hoof Café (The), 923 Dundas Street West, Toronto, Ontario, M6J 1W2, on the conditions set out below. Reasons for these findings follow.
For the above reasons, the Board APPROVES the application for an outdoor area of 12 persons of Black Hoof Inc. (The), operating as HOOF CAFÉ (THE), 923 Dundas Street West, Toronto, Ontario, M6J 1W2, licence number 23881, subject to compliance with all statutory conditions and municipal regulations.
DATED AT TORONTO THIS 25 DAY OF MARCH, 2011.