Registrar, Alcohol and Gaming Commission of Ontario v. Kanji Sushi Inc., 2011 CanLII 45114

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-

Kanji Sushi Inc. operating as or intending to operate as Kanji Sushi Applicant

-and-

Corporation of the City of Toronto Intervenor

-and-

Ric Amif Resident Objector

DECISION

Panel: Brian J. Ford, Board Member Allan Higdon, Board Member

Decision Date: June 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 ) Tamara Brooks, Representative Kanji Sushi Inc., Applicant ) Rob Banton, On his own behalf City of Toronto, Objector ) Mark Crawford, Representative Ric Amif, Resident Objector ) On his own behalf and on behalf of ) a resident objector

The Application

1. The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18503 dated January 26, 2011 to review an application for a liquor licence made by Kanji Sushi Inc. (the “Applicant”), operating as or intending to operate as KANJI SUSHI, 1346 Queen Street West, Toronto, Ontario, M6K 1L4 (the “establishment” or the “premises”), establishment number 18503, on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on June 13, 2011 in the City of Toronto.

Decision

2. After considering all the evidence and submissions the Board APPROVES the application for a liquor licence made by KANJI SUSHI INC. for a maximum capacity of 140 persons at KANJI SUSHI, 1346 Queen Street West, Toronto, Ontario, M6K 1L4 on the conditions set out below. Reasons for these findings follow.

Preliminary Matters

3. Mr. Rob Banton appeared on his own behalf and waived the right to be represented by a licensed representative.

4. Mr. Mark Crawford, counsel for the City of Toronto, was made a party to the proceedings.

5. Mr. Ric Amif, a resident objector, was made a party to the proceedings.

6. The Registrar's Representative, Ms. Brooks, advised the Board that the Registrar took no position in the matter before the Board.

7. Ms. Brooks entered into evidence the following exhibits:

1. Exhibit #1 - Letters of objection,
2. Exhibit #2 - Letters withdrawing objection,
3. Exhibit #3 - Consent Conditions, and
4. Exhibit #4 – An e-mail from Ms. Susan Hobbs.

Submissions

8. Mr. Crawford read to the Board conditions (Exhibit #3) that the City of Toronto would like to see attached to the Liquor Licence. Mr. Crawford stated that if the Licensee agreed to the conditions, the City of Toronto would withdraw its objection to the application.

9. Mr. Banton stated that the Licensee agreed to the conditions set out in Exhibit #3.

10. Mr. Amif stated that he and one other objector still objected to the licence. He stated that he would like to see condition number 2, on Exhibit #3, amended to read: “Food service shall be prepared on site and be available during all hours of operation.”

11. Mr. Amif stated that he also had a problem with parking in the area, which is already a considerable problem due to the number of establishments serving liquor in the area. He stated that in a one block area, the capacity of the establishments already there exceeded 2,600 people.

12. Mr. Banton stated that he would agree to the amendment of condition number 2 and that he was working with another business in the area, which has ample parking spaces, to provide parking for his establishment.

13. Mr. Amif stated that he knew of the other business and agreed that it would alleviate the parking problem. He stated that he would withdraw his objection based on the conditions agreed to by the Licensee for the Liquor Licence. However, he stated that he was opposed to any future establishments being allowed in the area and stated that it was a matter for zoning with the City of Toronto.

14. The Board after hearing the evidence and reviewing the letter by Ms. Hobbs and other objectors found that the majority of objections had been addressed by the Licensee in accepting 13 conditions being attached to the Liquor Licence, and by working with another business in the area to obtain parking for this establishment.

15. The Board was satisfied that the Applicant was very co-operative in working to alleviate the concerns of residents in the area. The Board noted that the Applicant consented to reduce the capacity of the establishment from 328 persons to 140 persons.

Order

16. For the above reasons, the Board APPROVES the application for a liquor licence made by KANJI SUSHI INC. operating as KANJI SUSHI 1346 Queen Street West, Toronto, Ontario, M6K 1L4, establishment number 814752, subject to compliance with all statutory conditions and municipal regulations.

17. Further the Board Orders that the following conditions be attached to the Licence:

1. The establishment shall operate as a restaurant and not as a restaurant/night club or a nightclub,
2. Food service shall be prepared on site and shall be available during all hours of operation,
3. The establishment shall comply with the City of Toronto Noise By-laws,
4. There shall be no amplified sound from any part of the establishment causing audible noise to any residential building after 11:00 p.m.
5. Subject to final capacities established by the Fire Marshall, the Licensee shall ensure that a seat is available for each patron and the establishment shall have a maximum capacity of 140 persons,
6. A designated employee shall be on duty during all hours of operation to ensure that exiting patrons are not causing a disturbance to nearby residents,
7. The Licensee shall provide a telephone number which, will be answered during all hours of operation, for residents to register concerns or complaints,
8. There shall be no cover charge other than for special occasions, charity or corporate events,
9. There shall be no dance floor except for special events,
10. Garbage and recycling shall be picked up on a regular schedule, and outdoor storage of materials in preparation for collection shall only occur prior to the regularly scheduled pick-up.
11. If the Licensee applies for an outdoor liquor sales licence, either permanently, temporarily, or for a special occasion, the Licensee shall notify the local Councilor and all residents and businesses within 500 meters of the licensed establishment's property line,
12. If the Licensee applies to extend the licensed hours, either permanently, temporarily, or for a special occasion, the Licensee shall notify the local Councilor and all residents and businesses within 500 meters of the licensed establishment's property line, and
13. If the establishment is sold or comes under new management, the Licensee shall provide written notice of the transaction to all persons residing on and/or owning property within 500 meters of the establishment's property line. If the Licensee applies to transfer the liquor sales licence, the Licensee shall notify the local Councilor and all residents and businesses within 500 meters of the establishment’s property line.

DATED AT TORONTO, THIS 27^th day of JUNE , 2011.

BRIAN FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER