LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: PICCADILLY CIRCUS
14 Duncan Street
Toronto, Ontario
M5H 3G8
Licensee: 1180850 Ontario Ltd.
Licence Number: 804032
Notice of Proposal: To SUSPEND a licence
Dated September 29, 2006
Supplementary
Notices of Proposal: To SUSPEND a licence
Dated October 26, 2006
Dated January 23, 2007
Dated February 20, 2007
The Proposals allege 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 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.
(c) Contrary to subsection 20(1) of Regulation 719/90 under the Liquor Licence Act, the licence holder engaged in or permitted practices which tended to encourage patrons’ immoderate consumption of liquor.
(d) Contrary to subsection 30(4) of the Liquor Licence Act, 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.
(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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
March 27, 2007
Presiding
Board Members: Alex McCauley, Member
Guy Maurice, Member
Counsel for the
Registrar: Bryna Kaplan
Counsel for the
Licensee: Peter Brauti and Ryan Coughlin
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 27, 2007, pursuant to a Notice of Proposal dated September 29, 2006, and Supplementary Notices of Proposal dated October 26, 2006, January 23, 2007, and February 20, 2007, to suspend the liquor licence issued to 1180850 Ontario Ltd. for premises operating as PICCADILLY CIRCUS, 14 Duncan Street, Toronto, Ontario, M5H 3G8, licence number 804032;
AND WHEREAS the corporate licensee was represented by legal counsels Peter Brauti and Ryan Coughlin;
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 Peter Brauti and Ryan Coughlin, acting 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:
Drunken patrons were in the licensed premises on June 3 and 11, 2006, October 1, 2006, January 7 and 14, 2007, and March 16, 2007.
On January 5, 2007, a person under the age of 19 years used false identification to obtain a beer in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30(4) of the Liquor Licence Act and subsection 45(1) of Ontario Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated September 29, 2006, and the Supplementary Notices of Proposal dated October 26, 2006, January 23, 2007, and February 20, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1180850 Ontario Ltd. for premises operating as PICCADILLY CIRCUS, 14 Duncan Street, Toronto, Ontario, M5H 3G8, licence number 804032, be SUSPENDED for TWENTY-FIVE (25) consecutive days to COMMENCE at 11:00 a.m. on August 19, 2007, and CONTINUE until 2:00 a.m. on September 13, 2007.
DATED AT TORONTO THIS 28TH DAY OF MARCH, 2007.
ALEX MCCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
GM/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
1180850 ONTARIO LIMITED
OPERATING AS PICCADILLY CIRCUS
14 DUNCAN STREET, TORONTO
LICENCE NO. 804032
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 September 29, 2006, and the Supplementary Notices of Proposal dated October 26, 2006, January 23, 2007 and February 20, 2007:
Drunken patrons were in the licensed premises on June 3 and 11, 2006, October 1, 2006, January 7 and 14, 2007, and March 16, 2007.
On January 5, 2007, a person under the age of 19 years, used false identification to obtain a beer in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violations of section 30(4) of the Liquor Licence Act and 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSIONS ON DISPOSITION
Whereas this licensee has served a 14 day suspension in April 2005 and an 18 day suspension in January 26, 2006;
Whereas this licensee has shown remorse and cooperated 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 twenty-five day suspension of the liquor licence to start at 11am on August 19, 2007 and continue consecutively until 2am on September 13, 2007.
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 aforementioned Notices of Proposal.
Respectfully submitted this 27 day of March, 2007,
Peter Brauti Bryna Kaplan
Counsel to the Licence Holder Counsel to the Registrar, AGCO
Jim Demetrios Sairoglou
For the Corporate Licensee
“I have the authority to bind the Corporation”