Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 7561/LLA
CASE NAME: 7561v. 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
Ring A Wing Restaurant Inc. Applicant
-and-
Registrar of Alcohol and Gaming Respondent
DECISION AND ORDER
ADJUDICATOR: Elizabeth Sproule, Vice-Chair
APPEARANCES:
For the Applicant: Peter Quigley, Counsel
For the Respondent: Kate Varva, Paralegal
For the Objectors: No one appeared.
Heard in London: October 19, 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, dated July 10, 2012 to review an application for a liquor licence by Ring A Wing Restaurants Inc., on the basis that the Registrar has received one or more written objections to the application. The Registrar in fact received written objections from seven individuals. Two of the objectors attended the pre-hearing and were made a party to the proceeding. However, prior to this hearing the Tribunal received written notice from those two objectors that they withdrew their objection.
FACTS
None of the five remaining objectors attended the hearing although their written objections were submitted by the Registrar and considered by the Tribunal.
This application for a liquor licence pertains to the Applicant’s establishment at 941 Oxford Street East, London, Ontario. It is a restaurant which will serve food to seated patrons as well as provide take out service. The restaurant will be located in a mall off Oxford Street, which is a main thoroughfare. In front of the commercial premises of the mall are approximately 62 parking spaces. There is a six foot fence erected around the periphery of this parking lot and adjacent to the rear yards of residential homes. The commercial units of the mall, including the Applicant’s, back on to another thoroughfare. .
One of the main concerns raised in the written objections is that there is a high school in close proximity to the Applicant’s place of business and that the sale of alcohol may attract students, possibly underage youth. Several of the objector’s indicated that they object to there being, what they describe as a ‘bar’, across from the high school and in a residential neighbourhood. Other concerns include an increase in the risk of drinking and driving, disturbances caused by loud and rowdy behaviour and an increase in traffic.
Mr. Emmanuel Issac, the owner and operator of Ring a Wing Restaurants Inc. testified that the nature of the establishment will be that of a family restaurant serving the community. There will be no bar area, and alcohol will only be served to patrons who are seated at tables. There will be no entertainment such as live bands or loud music.
THE LAW
Section 6(2) of the Liquor Licence Act sets out a number of reasons why an applicant may not be entitled to a liquor licence. The reason for disentitlement advanced in their letters by the remaining objectors is that found under Section 6(2)(h) of the Act, that 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.
ISSUES
Is the granting of a liquor licence to the Applicant contrary to the public interest having regard to the needs and wishes of the residents?
APPLICATION OF LAW TO FACTS
The written objections provided suggest that there is a general objection to an establishment being licensed in this location, and in particular there is strong objection to a bar being allowed to operate.
Firstly, the Tribunal is satisfied that the establishment being proposed is not a bar. Patrons will either sit down in the restaurant where the consumption of food is the primary activity or will order take out. It is not clear given the nature of such an establishment how it will lead to loud and disturbing behavior, however, every establishment must comply with municipal by-laws relating to noise and in this way any concerns of increased noise can be addressed if and when they occur.
Secondly, the Tribunal is not satisfied that the fact that a high school happens to be in the vicinity will lead to the service of underage drinking. In urban settings, high schools may be, and often are, near licensed restaurants. There was no evidence before the Tribunal to suggest that simply the proximity to a school creates an increase in risk to students. The Applicant must operate in accordance with the law, which includes not serving minors. There was no evidence before the Tribunal to suggest that the Applicant will not comply with the law. The same is true for the fear that licencing this establishment will lead to drunk driving. The Applicant must comply with the Act and its regulations with respect to serving limits and again there was no evidence with respect to this Applicant to suggest the law will not be followed.
The issue before the Tribunal to determine is whether granting the Applicant a liquor licence is contrary to the public interest having regard to the needs and the wishes of the residents. The Tribunal appreciates that the objectors are fearful or concerned that laws will be broken, underage patrons will be served, that patrons will be over- served and drive, and that disturbances will be permitted. If this was the case then clearly granting the licence would be contrary to the public interest. But there was no evidence before the Tribunal that would support concluding that the business of the Applicant will in fact be conducted in such a way and therefore the Tribunal is not satisfied that there is any basis for disentitling the Applicant to a liquor licence.
ORDER
The Tribunal therefore approves the Application for liquor licence with a 30 person capacity made by Ring A Wing Restaurants Inc., 941 Oxford Street East, London, Ontario subject to the filing of all usual and required municipal clearance letters and application requirements.
LICENCE APPEAL TRIBUNAL
Elizabeth Sproule, Vice-Chair
Released: October 24, 2012