Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2012-08-15
FILE:
7464/LLA
CASE NAME:
7464 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
Arturo (Art) Antonio Enzo Comegna o/a Antico Ristorante and Catering
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
Philip Cartmill
Objector
DECISION AND ORDER
ADJUDICATOR:
Alex McCauley, Member
APPEARANCES:
For the Applicants:
Richard J. Delorenzi, Counsel
For the Respondent:
Kate Varva, Agent
Objector:
self-represented
Heard in Sault Ste. Marie:
August 8, 2012
DECISION AND ORDER
BACKGROUND
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act, (the “Act”) issued a Notice of Proposal, number 19239 dated June 4, 2012 to review an application for a liquor licence by Arturo (Art) Antonio Enzo Comegna, on the basis that the Registrar has received one or more written objections to the application.
FACTS
The objections to the issuance of a liquor licence in this matter were contained in a letter from 2 objectors R&V, M. who chose not to attend the hearing (ex. 3). The letter contained concerns about parking, anticipated noise, and inappropriate behaviour. None of these concerns were established in evidence.
In addition, there was a petition allegedly signed by 14 residents concerned about traffic and parking. None of the signatories attended the hearing and the document was not referred to by the lone attending objector, Mr. Cartmill.
The Registrar did not take a position.
Philip Cartmill:
Mr. Cartmill was granted standing at the hearing. He is the current chair of the Village Homeowners’ Association.
Mr. Cartmill, throughout his evidence, was not objecting to the granting of the licence to the Restaurant applicant. In his evidence he stated it would not matter what you opened at that location; the same issues around parking or traffic concerns would arise.
In cross examination Mr. Cartmill agreed the proposed licenced establishment is to be an upscale restaurant and he was not concerned about anti-social behaviour. Mr. Cartmill also conceded in cross examination that traffic control in the area was the City’s problem not the Applicant’s.
Mr. Cartmill agreed that the area was properly zoned and that the City had taken no objection to the Applicant’s proposal.
Mr. Cartmill conceded that he did not expect any increase in the noise from the proposed establishment any more than would have come from an unlicenced establishment in that location.
Based on the evidence presented by the objectors Counsel for the Applicant did not feel it necessary to call additional evidence from the Applicant. The Tribunal agreed.
THE LAW
The Act, in section 6, provides that a person who applies for a licence to sell liquor is entitled to be issued a licence unless certain specified prohibitions prevent the granting of the licence. Section 6 (2)(h), reads as follows:
(2) subject to subsection (4) or (4.1), an Applicant is entitled to be issued a licence to sell liquor except if,
(h) the licence is not in the Public Interest, having regard to the needs and wishes of the Residents of the Municipality in which the premises are located.
The consideration of public interest places the onus on the objectors to demonstrate why the granting of a licence would not be in the best interest of the community as it regards the needs and wishes of the members of the community which of course includes the Applicant.
ISSUES
Would the granting of a Liquor Licence to the Applicant not be in the public interest?
APPLICATION OF LAW TO FACTS
The facts in this matter do not suggest that the granting of a liquor licence would be against the public interest. To the contrary. Mr.Cartmill’s evidence was more in support than opposed to the granting of the liquor licence.
The objections stated in the letter received were concerns about possible increased traffic and on street parking problems. These concerns were not emphasized by Mr. Cartmill, nor did the authors of the letter take time to attend the hearing to flesh these concerns out.
ORDER
Pursuant to the authority vested in it under the provisions of the Act, the Tribunal directs the Registrar to issue the Licence to the Applicant.
LICENCE APPEAL TRIBUNAL
Alex McCauley, Presiding Member
Released: August 15, 2012