LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: INSOMNIA INTERNET BAR/CAFÉ
563 Bloor Street West
Toronto, Ontario
M5S 1Y6
Licensee: Insomnia Internet Bar/Café Inc.
Licence Number: 200669
Notice of Proposal: To SUSPEND a licence
Dated August 31, 2006
The Proposal alleges that:
(a) contrary to subsection 45(1) of Ontario Regulation 719/90 (the “O. Reg.”) under the Liquor Licence Act (the “LLA”), 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 O. Reg. under the LLA, 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 subsection 34 (1) of the O. Reg. under the LLA, the licence holder permitted a patron to remove liquor from the licensed premises;
(d) contrary to subsection 30(4) of the LLA, the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises; and
(e) contrary to subsection 41(1) of the O. Reg. under the LLA, 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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
March 5, 2007
Presiding
Board Members: David C. Gavsie, Chair
Bruce Monteith, Member
Counsel for the
Registrar: Bryna Kaplan
Counsel for the
Licensee: Jerry Levitan
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 on March 5, 2007, pursuant to a Notice of Proposal dated August 31, 2006, to suspend the licence issued to Insomnia Internet Bar/Café Inc. for premises operating as INSOMNIA INTERNET BAR/CAFÉ, 563 Bloor Street West, Toronto, Ontario, M5S 1Y6, licence number 200669;
AND WHEREAS the corporate licensee was represented by legal counsel Jerry Levitan;
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 the counsel for the Registrar and Jerry Levitan, counsel for 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 June 23, 2006, at a concert held at Historic Fort York, which was licensed to sell/serve alcohol under the licensee’s catering endorsement, several patrons smoked marijuana in the licensed area of the catered event.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(2) of the O. Reg. enacted pursuant to the LLA. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated August 31, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Insomnia Internet Bar/Café Inc. for premises operating as INSOMNIA INTERNET BAR/CAFÉ, 563 Bloor Street West, Toronto, Ontario, M5S 1Y6, licence number 200669, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on June 2, 2007, and CONTINUE until 2:00 a.m. on June 7, 2007. The Board noted that the licensee agreed to surrender its catering endorsement effective IMMEDIATELY.
DATED AT TORONTO THIS 5TH DAY OF MARCH, 2007.
DAVID C. GAVSIE, CHAIR BRUCE MONTEITH, BOARD MEMBER
DCG/rb
Attachment.
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 INSOMNIA INTERNET BAR/CAFÉ INC.
OPERATING AS INSOMNIA INTERNET BAR/CAFÉ,
563 BLOOR STREET WEST, TORONTO,
LICENCE NUMBER 200669
AGREED STATEMENT OF FACTS
The Licensee, through its Legal Counsel, and Registrar’s counsel agree to the following facts in relation to the Notice Of Proposal To Suspend a Licence dated August 31, 2006:
On June 23, 2006, at a concert held at Historic Fort York, which was licensed to serve/sell alcohol under the licensee’s catering endorsement, several patrons smoked marijuana in the licensed area of the catered event.
Based upon the above-admitted facts, the licence holder admits to violations of subsection 45(2) of Revised Regulation 719/90 under the Liquor Licence Act.
The licensee has no prior adverse record with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has no prior adverse record with the Commission;
The Licensee, through its Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A five day suspension of liquor licence number 200669 to be served consecutively.
The licensee surrenders its catering endorsement effective immediately.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegations contained in the Notice of Proposal dated August 31, 2006.
Respectfully submitted this 5 day of March 2007.
Jerry Levitan Bryna Kaplan
Counsel to the Corporate Licence Holder Counsel to the Registrar, AGCO
Michel Jose Quintas
For the Corporate Licence Holder
“I have the authority to bind the corporation”