Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2012-05-15
FILE:
7305/LLA
CASE NAME:
7305 v. Registrar of Alcohol and Gaming
Appeal from the Notice of Proposal of the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19 to Review an Application for a Licence
Hawker Bar Inc operating or intending to operate as Hawker Bar
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
Ibie Demirdache and Dennis Montpetit
Resident Objectors
And
City of Toronto
Objector
PRE-HEARING ORDER
ADJUDICATOR:
Patricia McQuaid, Vice-Chair
APPEARANCES:
For the Applicant:
Alexis Alyea, Counsel
For the Respondent:
Kate Varva, Paralegal
For the Objectors:
Self-represented
For the City of Toronto:
Ray Kallio, Counsel
Heard in Toronto:
May 10, 2012
ORDER
A pre-hearing was held in this matter on May 10, 2012 before this Tribunal in the presence of Alexis Alyea, Counsel, representing the Applicant, Kate Varva, Paralegal, representing the Registrar of Alcohol and Gaming (the “Registrar”), and Ibie Demirdache and Dennis Montpetit, on their own behalf and on behalf of the resident Objectors and Ray Kallio, Counsel, representing the City of Toronto.
On consent of the Applicant and the Registrar, the City of Toronto and Ibie Demirdache and Dennis Montpetit were made parties to these proceedings. Ms. Demirdache and Mr. Montpetit were granted party status on their own behalf and on behalf of the resident objectors who had filed letters of objection to this application. Ms. Demirdache provided copies of the Declaration of Representative for those objectors. Ms. Demirdache also advised that a petition had been circulated which contains approximately 100 signatures.
Ms. Varva advised that the Registrar was not taking a position with respect to this application.
Mr. Kallio advised that the City of Toronto had become aware of the issues raised by this application for a liquor licence through the local councillor, Mike Layton, who was also in attendance at the hearing. The City of Toronto has worked with both the Applicant and the Objectors in an attempt to reach an agreement responsive to the City’s concerns. The City of Toronto and the Applicant, through its counsel, Ms. Alyea, have reached an agreement which the City believes will provide sufficient protection to residents and allay concerns. On the basis of that agreement, Schedule “A”, which will attach to this order, the City of Toronto consents to this application.
Ms. Demirdache and Mr. Montpetit stated that there were still concerns about the hours of operation at Hawker Bar and the resulting impact on the residents in the area. Discussions took place among the parties and an agreement was reached, on the basis of which the Objectors withdrew their objections to this application. Councillor Layton undertook to advise those persons who were signatories to the petition (and who had not filed letters of objection pursuant to the provisions of the Liquor Licence Act) of the resolution of this matter.
Therefore, the Tribunal orders that this matter is disposed of without a hearing, and approves this application for liquor licence by Hawker Bar Inc o/a Hawker Bar, on the basis of the terms as set out in Schedule “A’ which are incorporated into and made part of this Order.
Further, and as agreed by the parties, the following conditions will also attach to the liquor licence:
The sale and service of alcohol and food shall cease at 2 a.m.
The City of Toronto shall be notified should the Licensee or its successors or assigns make application to the Registrar of Alcohol and Gaming Commission of Ontario to remove any or all of the conditions.
LICENCE APPEAL TRIBUNAL
Patricia McQuaid, Vice Chair
Released: May 15, 2012