Registrar, Alcohol and Gaming Commission of Ontario v. 365-Deli Inc., 2011 CanLII 64101

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-

365-Deli Inc. operating as or intending to operate as Café 365 Deli Applicant

-and-

Erica Gerardi Resident Objector

ORDER

Panel: Brian J. Ford, Board Member Decision Date: July 28, 2011 Hearing Location: Aurora, 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 ) Olga Lopan, Principal of the corporate Applicant Erica Gerardi, Resident Objector ) On her own behalf

The Application

1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 18644 dated April 13, 2011 to review the application for a liquor licence made by 365-Deli Inc. (the “Applicant”) operating as or intending to operate as CAFÉ 365 DELI, 160 Wellington Street East, Units 3 & 4, Aurora, Ontario, L4G 1J5 (the “establishment” or the “premises”), establishment number 814666, on the basis the AGCO has received one or more written objections to the Application. A hearing of the application was held on June 9 and 30, 2011 in the Town of Aurora.

Preliminary Matters

2When the hearing reconvened on June 30, 20ll, Board Member Brian Ford indicated Board Member Allan Higdon, for personal reasons, was no longer able to preside as a panel member. Upon the consent of the parties, the hearing commenced.

Order

3After considering all the evidence and submissions the Board CONFIRMS its oral ORDER made June 30, 2011 approving the Application made by 365-Deli Inc. operating as or intending to operate as CAFÉ 365 DELI, 160 Wellington Street East, Units 3 & 4, Aurora, Ontario, L4G 1J5, establishment number 814666, subject to compliance with all statutory conditions and municipal regulations.

4Further the Board ORDERS that the following conditions be attached to the licence:

1. The capacity of the Licensed area will not exceed 33 people,
2. The Licensed area will be limited to the area where seating is available,
3. The Licensed area will be partitioned off with permanent or movable partitions clearly defining the licensed area from the rest of the Deli,
4. No patron may go outside the licensed area in the Deli with alcohol, and
5. No live or amplified music will emanate from the premises.

5Reasons for this decision will follow.