LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: QUEENSHEAD (THE)
659 Queen Street West, Main Floor
Toronto, Ontario
M6J 1E6
Licensee: 1562363 Ontario Ltd.
Licence Number: 807516
Notice of Proposal: To SUSPEND a licence
Dated July 25, 2006
Supplementary
Notice of Proposal: To SUSPEND a licence
Dated December 14, 2006
The Proposals allege that:
(a) contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(b) contrary to subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted a person to hold, offer for sale, sell, distribute or consume a narcotic as defined in the Controlled Drugs and Substances Act on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.
(c) contrary to section 50(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that the premises complies with the Fire Protection & Promotion Act respecting the use of the premises.
(d) contrary to section 50(d) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that the premises complies with the Health Protection and Promotion Act.
(e) contrary to subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to inspect a piece of identification of a person apparently under the age of 19 years prior to selling or serving liquor to that person.
(f) contrary to subsection 44(1) of Ontario Regulation 719/90 under the Liquor Licence Act the licence holder failed to ensure that no person was allowed to enter behind the bar of the licensed premises while liquor was being sold or served.
Hearing: Alcohol & Gaming Commission of Ontario
90 Sheppard Ave. E., 3rd Floor
Toronto, Ontario
M2N 0A4
January 5, 2007 via teleconference
Presiding
Board Member: Dianne Axmith, Member
Counsel for the
Registrar: Phillip Morris
Attendance: Ed Blaha, Agent for the corporate licensee
Exhibits: #1 Agreed Statement of Facts
#2 Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing via teleconference on January 5, 2007, pursuant to a Notice of Proposal dated July 25, 2006, and a Supplementary Notice of Proposal dated December 14, 2006, to suspend the liquor licence issued to 1562363 Ontario Ltd. for premises operating as THE QUEENSHEAD, 659 Queen Street West, Main Floor, Toronto, Ontario, M6J 1E6, licence number 807516;
AND WHEREAS the corporate licensee was represented by agent Ed Blaha, and waived its right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by counsel for the Registrar and Mr. Blaha, acting on behalf of the corporate licensee, which is attached hereto and forms part of this decision. It was agreed and admitted that:
On April 21, 2006, February 25, 2006, and March 18, 2006, there were 142 people, 150 people and 125 people respectively in an area licensed for 65 people. Patrons were smoking marijuana in the licensed premises on April 21, 2006.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 43 and 45(2) of Ontario Revised Regulation 719/90 under the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated July 25, 2006, and the Supplementary Notice of Proposal dated December 14, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1562363 Ontario Ltd. for premises operating as THE QUEENSHEAD, 659 Queen Street West, Main Floor, Toronto, Ontario, M6J 1E6, licence number 807516, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on March 9, 2007, and CONTINUE until 2:00 a.m. on March 30, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DIANNE AXMITH, BOARD MEMBER
DA/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1562363 ONTARIO LTD.
OPERATING AS THE QUEENSHEAD,
659 QUEEN ST. W., MAIN FLOOR, TORONTO,
LICENCE NUMBER 807516
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
JULY 25, 2006
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent, and the Registrar agree to the following facts:
On April 21, 2006, February 25, 2006 and March 18, 2006, there were 142 people, 150 people and 125 people respectively in an area licensed for 65 people. Patrons were smoking marijuana in the licensed premises on April 21, 2006.
Based on paragraph 1, the licensee breached s. 43 and 45(2) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 8 days in 2006.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with an agent, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 807516 for a period of 21 days.
The Board have accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 29TH DAY OF DECEMBER, 2006.
RESPECTFULLY SUBMITTED,
Subramaniam Nagalingam Phillip Morris
For licensee Registrar’s Counsel