Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2016-04-20
FILE:
9893/LLA
CASE NAME:
9893 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 Additional Licensed Capacity
Da Jerk House Inc. o/a Da House of Jerk
Appellant
-and-
Registrar of Alcohol and Gaming
Respondent
ORDER
ADJUDICATOR:
Patricia McQuaid, Vice-Chair
APPEARANCES:
For the Appellant:
Jo-Anne Schneeweiss Counsel
For the Respondent:
Rena Khan, Counsel
Heard in Toronto:
April 19, 2016
ORDER
A hearing was held in this matter on April 19, 2016, in the presence of Jo-Anne Schneeweiss, Counsel for Da Jerk House Inc. o/a Da House of Jerk (the “Appellant”); Wendy Ellington, the principal of the Appellant; and Rena Khan, Counsel representing the Registrar of Alcohol and Gaming (the “Registrar”). Also in attendance at the hearing were two of the resident objectors who had previously attended the pre-hearing. All resident objectors who attended the pre-hearing were given notice of the time and place for this hearing.
Pursuant to the terms of the pre-hearing Order, a spokesperson, Mr. Khandor, was subsequently designated to speak on the resident objectors’ behalf. The parties and the Tribunal were then informed that he was the spokesperson. Ms Schneeweiss advised the Tribunal that an agreement had been reached between the Appellant and Mr. Khandor on behalf of the objectors. On the basis of that agreement, those objectors withdrew their objection to this application. This was confirmed by Mr. Khandor, who was one of the objectors who attended at the hearing. Subsequent to the completion of this agreement, the parties determined that Mr. Khandor was not a spokesperson for all of the objectors. At the hearing, Ms Khan and Mr. Khandor advised that three of the twelve objectors were not represented by him. Given that fact, the Registrar was not in a position to withdraw the Notice of Proposal in advance of the hearing.
At 10 a.m. on the morning of the hearing, none of those three objectors appeared at the hearing. The Tribunal is satisfied that they were given proper notice of this hearing. The hearing then proceeded in their absence.
Ms Khan stated that the Registrar was not taking a position on the application, or on the agreement reached between the Appellant and Mr. Khandor on behalf of those objectors that he represents, though the Registrar’s position is that the terms of the agreement between them should not be included as conditions on the liquor licence.
Therefore, given the agreement reached between the Appellant and the objectors as noted above, the terms of which form a private agreement between them and shall not be conditions on the licence, and on the basis of which those objectors have withdrawn their objections, the Tribunal makes the following Order.
- The Tribunal approves the application for additional licensed capacity made by the Appellant and directs the Registrar to issue a liquor licence for the additional area subject to all usual application and municipal requirements.
LICENCE APPEAL TRIBUNAL
Patricia McQuaid, Vice-Chair
Released: April 20, 2016