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-
177630 Ontario Inc. operating as or intending to operate as Bluewater Hall
Applicant
-and-
Bob Griffin
Resident Objector
DECISION
Panel: Alex McCauley, Board Member Decision Date: June 30, 2011 Hearing Location: Sarnia, 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 ) Rena Khan, Representative 177630 Ontario Inc., Applicant ) Simon Warder, Representative Bob Griffin, Resident Objector ) On his own behalf and on behalf of the resident objectors
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18626 dated April 5, 2011 to review the application for a liquor licence made by 177630 Ontario Inc. (the “Applicant”), operating as or intending to operate as BLUEWATER HALL, 2505 London Line, Sarnia, Ontario, N7T 7H2 (the “establishment” or the “premises”), establishment number 801185, on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on June 21, 2011 in the City of Sarnia.
Decision
2After considering all the evidence and submissions the Board APPROVES the Application made by 177630 Ontario Inc. operating or intending to operate as BLUEWATER HALL, 2505 London Line, Sarnia, Ontario, N7T 7H2. Reasons for these findings follow.
Preliminary Matters
3Ms. Khan appeared on behalf of the Registrar. She advised the Registrar took no position on the public interest aspects of the hearing.
4Mr. Bob Griffin was made a party to the proceedings on behalf of the objectors.
5Exhibit #1 was tendered with a total of 18 letters of objection.
Objectors’ Evidence
6Mr. Bob Griffin gave evidence on behalf of the objectors. He stated he was a life long resident of the area and described the area as residential/ agricultural.
7Mr. Griffin stated he was not objecting to the granting of the licence to the Applicant in this instance. He was concerned that once granted the licence would be a saleable item.
8Mr. Griffin has had discussions with Mr. Mehata previously and there are no outstanding issues.
9In cross-examination Mr. Griffin stated that he was a member of the Optimist Club, the previous licensee. Prior to that licensee the Sarnia Police Association controlled the building.
Applicant’s Evidence
10Mr. Harshad Mehta is the principal of the licensed company. He has owned the property for three years and has rented it out to persons for weddings, birthdays etc.
11The hall has been rented by associations as well who have raised funds for charity.
12His future plans for the facility are to continue the same - rent it out for community and personal functions.
13There was no cross-examination.
14There were no summations.
Reasons and Analysis
15The letters of objection were identical. There were no other objectors present except Mr. Griffin.
16Mr. Griffin’s primary concern was that the licence, if granted, could be “Shopped” out. It was explained that a process similar to the one we had today would take place before the licence could be transferred.
17Mr. Griffin was satisfied with the explanation given. He has no objection to the licence being granted to Mr. Mehta’s company.
18This application does not offend the public interest.
Order
19For the above reasons, the Board APPROVES the application made by 177630 Ontario Inc., operating as or intending to operate as BLUEWATER HALL, 2505 London Line, Sarnia, Ontario, N7T 7H2, establishment number 801185, subject to compliance with all statutory conditions and municipal regulations.
DATED AT TORONTO, THIS 30th day of June , 2011.
ALEX MCCAULEY, BOARD MEMBER