Registrar, Alcohol and Gaming Commission of Ontario v. Corporation of the Town of Smiths Falls, 2011 CanLII 64095

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-

Corporation of the Town of Smiths Falls operating as or intending to operate as Smiths Falls Memorial Community Centre

Applicant

-and-

TriCounty Addiction Services

Objector

-and-

Mary Ann Di Lascio

Objector

Reasons for decision

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

Decision Date: July 28, 2011

Hearing Location: Smiths Falls, 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 Licensee, Applicant ) Shane A. Kelford, Representative TriCounty Addiction Services, Objector ) Sara Hammel, Representative Mary Ann Di Lascio, Resident Objector ) On her own behalf

The Application

1. The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Amended Notice of Proposal number 18629 dated April 6, 2011 to review the application for a liquor licence made by the Corporation of the Town of Smiths Falls (the “Applicant”) operating as or intending to operate as SMITHS FALLS MEMORIAL COMMUNITY CENTRE, 71 Cornelia Street West, Smiths Falls, Ontario, K7A 4S4, (the “establishment” or the “premises”), establishment number 814813, on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on June 24, 2011 in the Town of Smiths Falls.

Decision

2. After considering all the evidence and submissions the Board APPROVES the Application made by the Corporation of the Town of Smiths Falls for a liquor sales licence at SMITHS FALLS MEMORIAL COMMUNITY CENTRE, 71 Cornelia Street West, Smiths Falls, Ontario, K7A 4S4, for the indoor area of the premises with a capacity of 200 persons. Reasons follow.

Preliminary Matters

3. The Registrar's counsel, Ms. Rena Khan, advised the Board that the Registrar took no position on the matter.

4. Ms. Sara Hammel of the TriCounty Addiction Services was made a party to the Hearing.

5. Ms. Ann Di Lascio, a concerned citizen, was made a party to the hearing.

6. Ms. Khan entered into evidence Exhibit #1, which consisted of letters of objection. One letter from the TriCounty Addiction Services and three other letters from concerned citizens.

Objectors’ Evidence

7. Ms. Sara Hammel advised the Board that she met on the Wednesday previous to the Hearing with a Mr. Kelford, counsel for the Town of Smiths Falls, advising him of the concerns that the TriCounty Addiction Services had with the licensing of the Town of Smiths Falls Memorial Community Centre.

8. Ms. Hammel entered into evidence a two page document entitled “Requests for Additional Clauses to be added to the House Policies Regarding the Safe, Responsible Sale and Service of Alcohol.”

9. Ms. Hammel stated the additional clauses were requested to be added to the present Policies of the Town of Smiths Falls respecting alcohol management in municipally owned facilities. Ms. Hammel then entered into evidence Exhibit #3, a document entitled “Policies respecting alcohol management in municipally owned facilities for the Town of Smiths Falls.”

10. Ms. Hammel advised the Board that after her meeting with Mr. Kelford, the TriCounty Addiction Services were withdrawing their objection to the Liquor Licence as they were assured that they would be consulted in the development of a new and revised policy on the sale of alcohol in municipally owned facilities.

11. Mary Ann Di Lascio is a concerned citizen who lives in Smiths Falls.

12. Ms. Di Lascio stated she was opposed to the issuance of a liquor licence for the Memorial Centre because of the influence it would have on children. She also felt that some people who had drank too much might fall down and be injured.

13. Ms. Di Lascio stated that having drinking at the Memorial Centre goes against all the things that parents teach their children.

14. Ms. Di Lascio stated that alcohol is addictive and it was wrong to put young people into a situation that can get out of hand.

15. Mr. Greg Waters is a concerned citizen who lives in Smiths Falls.

16. Mr. Waters stated he had lived in the Town for 10 years. He is not against the sale of alcohol but felt that there should be an exercise room instead of a place for alcohol sale.

Applicant’s Evidence

17. Mr. Denis Staples is the Mayor of Smiths Falls.

18. Mayor Staples advised the Board of the very extensive planning that went into the planning and building of the Smiths Falls Community Centre.

19. Mayor Staples stated that the Town of Smiths Falls has suffered economic set backs with the closing of a number of businesses.

20. Mayor Staples stated that the Memorial Centre will bring trade shows and sporting events to the town, providing an economic boost for the town. He explained that a licensed lounge at the facility is part of the package.

21. Mayor Staples stated that during the planning stages they visited a number of other municipally operated facilities similar to the one they planned, and found that they all had a licensed lounge as part of the facility.

22. Mayor Staples stated that he and his staff had reviewed the suggestions put forward by the TriCounty Addiction Services and welcomes working with them on the development of a new policy.

23. Mr. Kelford, counsel for the Licensee, entered into evidence Exhibit #4, Minutes of Council of the Town of Smiths Falls, which show that the council of the Town of Smiths Falls voted unanimously in support of an application for a liquor sales licence at the Smiths Falls Memorial Community Centre.

24. Exhibit # 5 was also entered at this time, a certified copy of the Town of Smiths Falls resolution regarding the liquor sales licence application.

25. Mayor Staples also entered into evidence a letter that was sent to all of the persons who objected to the liquor sales licence.

26. Mayor Staples stated that the lounge in the Memorial Centre always included a licence for the sale of alcohol in the facility. He also stated that they were never looking for a Stadium Licence.

Reasons and Analysis

27. The evidence before the Board in this matter was that Ms. Di Lascio objected to the issuance of a liquor licence on moral grounds. Mr. Waters, the other objector, disagreed with the usage of the space for a lounge. He felt that the space would be better used a gym or weight room.

28. TriCounty Addiction Services withdrew their objection.

29. The Board could find no reason that it would not be in the public interest to issue a liquor sales licence for the Town of Smiths Falls Memorial Community Centre.

30. Further, the Board was very impressed with the amount of planning that went into building this facility and the extent of research that the Mayor and his staff undertook. The Board was also impressed with the Mayor’s willingness to involve the TriCounty Addiction Services in the development of a new policy of the management of alcohol sales in municipal facilities.

Order

31. After considering all the evidence and submissions the Board APPROVES the Application made by the Corporation of the Town of Smiths Falls for a liquor sales licence at SMITHS FALLS MEMORIAL COMMUNITY CENTRE, 71 Cornelia Street West, Smiths Falls, Ontario, K7A 4S4, subject to compliance with all statutory conditions and municipal regulations.

DATED AT TORONTO THIS 28^th DAY OF July , 2011

BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, FORMER BOARD MEMBER