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-
Arches Deli Delicious Cafe Limited operating as Arches Deli Delicious Cafe Applicant
DECISION
Panel: Allan Higdon, Board Member Bruce Miller, Board Member
Decision Date: May 4, 2011
Hearing Location: Cambridge, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, ON 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 Arches Deli Delicious Cafe Limited, Applicant ) Tony Chaves, Applicant
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18450 dated December 9, 2010 to review an application for a liquor licence by Arches Deli Delicious Cafe Limited (the “Applicant”), operating as Arches Deli Delicious Cafe, 115 Christopher Drive, Unit # 500, Cambridge, Ontario, (the “establishment”), establishment number 814535. A hearing of the Application was held on March 22, 2011 in the City of Cambridge.
Decision
- After considering all the evidence and submissions, the Board APPROVES the application made by Arches Deli Delicious Cafe Limited for a liquor licence at Arches Deli Delicious Cafe, 115 Christopher Drive, Unit # 500, Cambridge, Ontario. Reasons for this finding follow.
Preliminary Matters
The Applicant, Tony Chaves, was unrepresented by counsel. He advised he understood he had the right to representation but waived that right and stated he was ready to proceed with the hearing.
Ms Harari advised that the Registrar was not taking a position on the application.
There were no objectors present for the hearing. The Board did not start the hearing until 10:15 a.m. after waiting 45 minutes for any objectors to arrive. The Board checked with the Hearings Section of the AGCO prior to commencing the hearing and were advised all the objectors had been notified of the location, time and date of the hearing.
Applicant’s Evidence
Tony Chaves owns Arches Deli Delicious Cafe. He started work on his restaurant in July 2009. It took over eight months to start up the business. It is a European style cafe/restaurant. They specialize in Portuguese cuisine. They serve breakfast, lunch and dinner. To date the witness has spent approximately $250,000 to start the business.
The witness stated Arches Deli Delicious Cafe would never be operated as a bar. It is a family restaurant.
People want a glass of wine with their meal and he is finding it difficult to compete without a liquor licence.
In response to questions from the Board he advised there is no outdoor area. The Cafe is located in a plaza with 14 other businesses. There is no live entertainment. He opened for business on April 26, 2010.
Objectors’ Evidence
No one appeared on behalf of the Objectors.
Ms Harari submitted a package of 14 letters of objections and two letters from individuals wishing to withdraw their letters of objection. The Board filed the package as Exhibit # 1.
The letters of objection appeared to be a form letter and stated they did not support the application “due to already having a licensed establishment within the same business plaza.”
Reasons and Analysis
The Board has carefully considered the evidence and the submissions presented. At issue in this hearing is whether the granting of this application is in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located. The onus is on the resident objectors to establish, on a balance of probabilities, that the issuance of this licence is not in the public interest.
The Board looks at letters and petitions of support and objection and carefully considers the testimony of those present at the hearing as well as exhibits and submissions. In determining whether the needs and wishes of the residents are bona fide, the Board will look at the totality of the evidence to evaluate whether the subjective concerns and fears of the residents are supported on a valid and objective basis. Further, the Board will give greater consideration to those residents in the immediate area who may be most affected by the establishment over those residents of the municipality who are less directly affected.
Mr. Chaves testified in a straightforward and forthright manner. He runs a small family restaurant. There is no live entertainment and he does not intend to operate the premises as a bar.
None of the 12 objectors appeared (originally there were 14 but two withdrew their letters of objection). The only evidence from the objectors was the form letter that all 12 had submitted (Exhibit # 1). The letters did not address the question of public interest. The letters only stated they were opposed to the application as there was already another “licensed establishment within the same business plaza.” There was no information as to why this was a concern.
The Board FOUND there was no evidence that granting the application would not be in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located. The Board issued an oral order granting the application at the hearing with the written decision to follow.
Order
- For the above reasons, the Board APPROVES the application for a liquor licence made by Arches Deli Delicious Cafe Limited operating as Arches Deli Delicious Cafe, 115 Christopher Drive, Unit # 500, Cambridge, Ontario, establishment number 814535, subject to compliance with all statutory conditions and municipal regulations.
DATED AT TORONTO, THIS 4 day of May , 2011.
ALLAN HIGDON, BOARD MEMBER BRUCE MILLER, BOARD MEMBER