# Licence Appeal Tribunal
**Appeal d'appel en matière de permis**
**DATE:** 2013-10-09
**FILE:** 8262/LLA
**CASE NAME:** 8262 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](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l19/latest/rso-1990-c-l19.html) to Review an Application for a Licence
**The Hitch Limited o/a HITCH**
Applicant
-and-
**Registrar of Alcohol and Gaming**
Respondent
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# ORDER
**ADJUDICATOR:** Mary Ann Spencer, Member
**APPEARANCES:**
**For the Applicant:**
Patrick Duffy, Counsel
**For the Respondent:**
Kate Varva, Paralegal
**Heard in Toronto:** August 14, 2013
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# ORDER
The Registrar of Alcohol and Gaming (the “Registrar”) under the [Liquor Licence Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l19/latest/rso-1990-c-l19.html), (the “Act”) issued a Notice of Proposal, number 19983, dated July 18, 2013 to review an application for an additional licensed area by The Hitch Limited on the basis that the Registrar had received one or more written objections to the application.
The hearing commenced on October 3, 2013 in the presence of Patrick Duffy, Counsel for the Applicant and Kate Varva, Paralegal, representing the Registrar. Two objectors, M.M. and A.D., also attended the hearing.
Ms Varva indicated that the Registrar was not taking a position with respect to the application. Mr. Duffy advised the Tribunal that the Applicant had reached an agreement with the objectors on conditions to attach to the licence with respect to the proposed additional licensed area. The two objectors present advised the Tribunal they were in agreement with the proposed conditions. Further, objector A.D. advised that following the pre-hearing in this matter held on September 12, he circulated the proposed conditions to those objectors who did not attend the pre-hearing and they also were in agreement. To ensure there were no late arriving objectors, the Tribunal recessed the hearing briefly. No additional objectors attended the hearing. The Tribunal accepts the agreement as settlement of the public interest objections to this application.
Therefore, the Tribunal makes the following order:
1. The Tribunal hereby approves the application for additional licensed areas made by The Hitch Limited o/a HITCH for the premises at 1216 Queen Street East, Toronto, subject to the conditions in Schedule A (incorporated into and forming part of this Order) which shall attach to the licence as additional licence conditions and subject to the filing of any required municipal clearance letters or application requirements.
LICENCE APPEAL TRIBUNAL
________________________
Mary Ann Spencer, Member
Released: October 9, 2013
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# Appendix “A” The Terms
1. The patio, located between the rear wall of the building containing the restaurant and the rear lot line of the 1216 Queen Street East, City of Toronto (the “Property”), shall be setback a minimum of 13 metres from the rear lot line of the Property;
2. The patio and fencing shall be constructed and maintained in accordance with the attached site plan;
3. The height and extent of the existing patio fence enclosure shall be maintained (a solid wood fence with a height of 2.17 metres);
4. The patio shall close and be cleared of patrons no later than 11:00 pm daily;
5. No live, artificial or amplified music shall be played or projected into the patio area;
6. The rear door through the patio fence enclosure shall not be used by patrons except in accordance with Fire or Building Code emergency regulations for access, and signage shall be posted on the patio advising patrons not to use the rear entrance except in cases of emergency; and
7. Signage shall be posted on the patio that is clearly visible requiring patrons to respect the neighbours by keeping noise levels down.
minicounsel