Ontario Court of Appeal rules bar must relinquish its liquour licence

Liquor can't legally be served at Nashville North after the Ontario Court of Appeal on Friday dismissed a motion to appeal the revocation of the bar's liquor licence, but the bar's owner is fighting back. Appeals have already been filed to overturn last week's decision with both the Ontario Court of Appeal and the Supreme Court of Canada, a spokesperson for the Alcohol and Gaming Commission of Ontario (AGCO) said Tuesday. The Ontario Court of Appeal could hear the motion to stay its order as soon as today (Wednesday), he said. The AGCO spokesperson also said a numbered Ontario company has already filed an application for a new liquor licence for the Norval bar. Despite the court decision, which also ordered the Norval bar's owner to reimburse the AGCO $1,000 in court costs, Nashville North spokesperson Brian Mitchell said the "bar remains open and fully operational." When asked if they were serving liquor, Mitchell said they "were in compliance with the court orders."

"With respect to recent developments in the courts of Ontario our solicitors are preparing comment. With respect to matters before the civil courts we intend to pursue all current litigation and are in the process of additional actions," said Mitchell. "Nashville North will continue to support the residents of Norval via the Norval Community Association and their membership," Mitchell added. A liquor licence application for the Norval bar was received by the AGCO Nov. 15, said the commission's spokesperson. He said the application is filed under the name 1715406 Ontario Inc. Michael Frances Tesce is the contact name provided, the spokesperson said.

Mitchell said Monday he had "no knowledge of that application" and that he is "personally not involved in the application." The AGCO revoked Nashville North's liquor licence in December 2004 after AGCO board members found the bar violated the Liquor Control Act on several occasions in 2003 by serving liquor to intoxicated persons, allowing overcrowding and not being in the public interest. However, the decision was appealed and the bar had retained its liquor licence until Monday. Pauline Gladstone, a Norval resident who was a party to the 2004 hearing on the matter, declined to comment because she said she had not yet received a copy of the decision from the Ontario Court of Appeal. In its 2004 finding that the Norval bar had violated the Liquor Control Act several times in 2003, the AGCO Board said Nashville North often left area residents "under siege." At the hearing Norval residents complained of late night noise from bar patrons, rowdiness of drunken patrons and destruction of property. The board said while there may be a problem with youths drinking in Norval, "the overwhelming evidence is that patrons of Nashville North are causing the negative effect on the lives on the residents."

A spokesperson for Nashville North says the bar is "open" and "in compliance with the court orders" following Friday's court ruling.