LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: C CLUB KARAOKE & LOUNGE 8261 Woodbine Avenue Second Floor, Unit 2 Markham, Ontario L3R 8Z5
Licensee: 1679319 Ontario Limited Licence Number: 805256
Notice of Proposal: To SUSPEND a licence Dated December 14, 2006
The Proposal alleges that:
(a) Contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
(b) Contrary to subsection 45(2) of the Liquor Licence Act, the licence holder failed to facilitate an inspection relevant to the licence.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 March 19, 2007
Presiding Board Member: Guy Maurice, Member
Counsel for the Registrar: Phillip Morris
Attendance: Pan Kao Chan, sole officer, director and shareholder of the licensee corporation
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 teleconference hearing on March 19, 2007, pursuant to a Notice of Proposal dated December 14, 2006 to suspend the liquor licence issued to 1679319 Ontario Limited for premises operating as C CLUB KARAOKE & LOUNGE, 8261 Woodbine Avenue, Second Floor, Unit 2, Markham, Ontario, L3R 8Z5, licence number 805256;
AND WHEREAS Pan Kao Chan, sole officer, director and shareholder of the licensee corporation, appeared on the corporate licensee’s behalf and waived its right to be represented by legal counsel;
AND WHEREAS the Board amended, on the consent of parties, the Notice of Proposal dated December 14, 2006, to include an additional allegation regarding February 17, 18, 25, 2007.
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 Pan Kao Chan, appearing on behalf of the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On May 6, 2006, a doorman prevented police officers from entering the licensed premises. On September 9, 2006, February 17, 2007 and February 18, 2007, there were drunken patrons in the licensed premises. On February 25, 2007, there were 181 persons in premises licensed for 140 persons.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(2) of the Liquor Licence Act and section 43 and subsection 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1679319 Ontario Limited for premises operating as C CLUB KARAOKE & LOUNGE, 8261 Woodbine Avenue, Second Floor, Unit 2, Markham, Ontario, L3R 8Z5, licence number 805256, be SUSPENDED for twenty-one (21) consecutive days to COMMENCE at 11:00 a.m. on April 9, 2007 and CONTINUE until 2:00 a.m. on April 30, 2007.
DATED AT TORONTO THIS 30TH DAY OF MARCH, 2007.
GUY MAURICE, BOARD MEMBER
GM/sm
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 1679319 ONTARIO LIMITED OPERATING AS C CLUB KARAOKE & LOUNGE, 8261 WOODBINE AVE., SECOND FLOOR, UNIT 2, MARKHAM LICENCE NO. 805256
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED DEC. 14, 2006 AS AMENDED
AGREED STATEMENT OF FACTS
On May 6, 2006, a doorman prevented police officers from entering the licensed premises. On September 9, 2006, February 17, 2007 and February 18, 2007, there were drunken patrons in the licensed premises. On February 25, 2007, there were 181 persons in premises licensed for 140 persons.
Based on paragraph 1, the licensee breached s. 45(2) of the Liquor Licence Act and s. 45(1) and s. 43 of Ont. Reg. 719/90 respectively.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, 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 number 805256 for a period of 21 days.
The Board having 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 16 DAY OF MARCH, 2007
RESPECTFULLY SUBMITTED
Pan Kao Chan Licensee
Phillip Morris For Registrar’s Counsel