LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: MIX2 KTV & BILLIARDS
1661 Denison St.,
Unit 3
Markham, Ontario
L3R 6E3
Licensee: MIXTWO KTV INC.
Licence Number: 810006
Notice of Proposal: To SUSPEND a licence
January 18, 2006
Supplementary
Notice of Proposal: To SUSPEND a licence
March 13, 2006
The Proposals allege that:
(a) contrary to section 29 of the Liquor Licence Act (“LLA”),
liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(b) contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg. 719/90”) 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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. E., 3^rd^ Floor
Toronto, Ontario
M2N 0A4
February 27, 2007
Presiding
Board Members: Patricia McQuaid, Vice-Chair
Beryl Ford, Member
Counsel for the
Registrar: Bryna Kaplan
Counsel for the
Licensee: John Park
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 February 27, 2007, pursuant to a Notice of Proposal dated January 18, 2006 and a Supplementary Notice of Proposal dated March 13, 2006 to suspend the liquor licence issued to MIXTWO KTV INC. for premises operating as MIX2 KTV & Billiards at 1661 Denison Street, Unit 3, Markham, Ontario, L3R 6E3, licence number 810006;
AND WHEREAS the corporate licensee was represented by legal counsel John Park;
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 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 August 6, 2005 and December 9, 2005, a drunken patron was found in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) of the O. Reg. 719/90. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated January 18, 2006.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to MIXTWO KTV INC. for premises operating as MIX2 KTV & Billiards at 1661 Denison Street, Unit 3, Markham, Ontario, L3R 6E3, licence number 810006 be SUSPENDED for SIX (6) consecutive days to COMMENCE at 11:00 a.m. on March 25, 2007 and CONTINUE until 2:00 a.m. on March 31, 2007.
DATED AT TORONTO THIS 12^th^ DAY OF MARCH 2007.
_________________________________ _________________________________
BERYL FORD, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
BF/mw
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 MIXTWO KTV INC. OPERATING AS MIX2 KTV & BILLIARDS AT 1661 DENISON STREET, UNIT 3, MARKHAM, LICENCE NUMBER 810006
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 January 18, 2006 and the Supplementary Notice of Proposal to Suspend a Licence dated March 13, 2006:
On August 6, 2005 and December 9, 2005, a drunken patron was found in the licensed premises.
Based on the above-admitted facts, the licence holder admits to violations of subsection 45 (1) of Revised Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
JOINT SUBMISSIONS 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 six (6) day suspension of liquor licence number 810006 to be served consecutively within ninety (90) days of today’s date, on dates to be provided to the Manager of Hearings, within seven (7) days of today’s date, failing which, dates shall be imposed by the Board without further consultation with the Licensee.
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 allegation contained in the Notice of Proposal dated January 18, 2006.
Respectfully submitted this 27 day of February, 2007.
____________________________________ __________________________________
John J. S. Park Bryna Kaplan
Counsel for the Licence Holder Counsel for the Registrar, AGCO
____________________________________
For the Corporate Licence Holder
“I have the authority to bind the Corporation”