Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE:
2014-11-17
FILE:
8923/LLA
CASE NAME:
8923 v. Registrar of Alcohol and Gaming
Appeal from a 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
Hanmoto Inc. o/a Hanmoto
Appellant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
City of Toronto
and
Lakeview Residents Group
Added Parties/Objectors
ORDER
ADJUDICATOR:
Simon Dann, Member
APPEARANCES:
For the Appellant:
Jerry Levitan, Counsel
For the Respondent:
Tamara Brooks, Counsel
For the Added Parties/Objectors:
Ray Kallio, Counsel, City of Toronto
Monique Ganon, Agent, Lakeview Residents Group
Heard in Toronto:
October 29 and 30, 2014
DECISION AND ORDER
BACKGROUND
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act, (the “Act”) issued the Notice of Proposal, number 20410 dated June 20, 2014, to review an application for a liquor licence by Hanmoto Inc., o/a Hanmoto ("Hanmoto/Appellant") on the basis that the Registrar has received one or more written objections to the application.
At the commencement of the hearing and as a preliminary matter, the Parties advised that a potential settlement of the matter, comprising of a number of conditions to be attached to the Appellant's liquor licence, had been reached but that the Registrar's counsel objected to certain of those conditions.
Ms. Brooks, counsel for the Registrar, advised the Tribunal that while the Registrar took no position on the Appellant's application for a liquor licence, the Registrar took specific objection to certain of the conditions and was therefore prepared to proceed with the hearing.
After the proposed conditions were read for the record by Mr. Kallio, counsel for the City of Toronto ("the City"), the parties considered the possibility of converting this hearing into a mediation conference. The parties each indicated their consent, on the record, to having the Tribunal member proceed with a mediation conference, and the parties also consented to this same member presiding at the hearing in the event the mediation efforts were unsuccessful.
Following lengthy examination of the issues and conditions with each of the individual parties, the Appellant's counsel advised the Tribunal that a resolution of the issues had been reached. Mr. Levitan advised that in addition to the conditions which would be attached to the Appellant's liquor licence, the resident objectors' Agent had accepted the Appellant's offer to erect a fence and plantings in the laneway alongside the establishment. The Appellant and resident objectors had also agreed to collaborate on the type and design of the fence and plantings.
Mr. Kallio advised the Tribunal that as the City's role was to support the residents and considering the residents had resolved the matter with the Appellant, the City would withdraw its objection. The agent for the residents group, Ms. Ganon, confirmed a resolution of their objections had been reached and they would also withdraw their objection to the Appellant's liquor licence application.
Ms. Brooks confirmed to the Tribunal that the Registrar was also in agreement with the resolution reached by the Appellant and Objectors and therefore had no objection to the conditions which the parties had agreed upon.
ORDER
Pursuant to the authority vested in it under the provisions of the Act, the Tribunal approves the application by Hanmoto Inc. operating or intending to operate as Hanmoto, subject to meeting all statutory and municipal regulations. Further, the following conditions shall attach to the licence, on consent of the Appellant:
Clearly visible signs will be posted, at least 11" x 14" in dimension, near each exit of the establishment, requesting that patrons respect neighbours by keeping outdoor noise to a minimum.
The licensee shall provide to the Ward Councillor a telephone number for residents to register concerns or complaints in relation to the establishment. This telephone line will normally be answered by a staff member during the licensee's published hours of operation. This line will be equipped with a functioning message service for those periods when the licensee's staff is otherwise occupied and when the establishment is closed.
LICENCE APPEAL TRIBUNAL
Simon Dann, Member
Released: November 17, 2014