LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: TIMEZONE BAR AND RESTAURANT
3426 Bathurst Street
Toronto, Ontario
M6A 2C2
Licensee: Timezone Bar and Restaurant Inc.
Licence Number: 24196
Notice of Proposal: To SUSPEND a licence
Dated February 19, 2007
The Proposal alleges 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(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.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3^rd^ Floor
Toronto, Ontario
M2N 0A4
March 30, 2007
Presiding
Board Member: Guy Maurice, Member
Counsel for the
Registrar: Phillip Morris
Counsel for the
Licensee: Sanjay Pahuja
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 30, 2007, pursuant to a Notice of Proposal dated February 19, 2007, to suspend the licence issued to Timezone Bar and Restaurant Inc. for premises operating as TIMEZONE BAR AND RESTAURANT, 3426 Bathurst Street, Toronto, Ontario, M6A 2C2, licence number 24196;
AND WHEREAS the corporate licensee was represented by legal counsel Sanjay Pahuja;
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 Sanjay Pahuja, 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 31, 2006, two drunken patrons were assaulted outside the establishment. On October 1, 2006, a drunken patron was involved in a fight with a doorman.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated February 19, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Timezone Bar and Restaurant Inc. for premises operating as TIMEZONE BAR AND RESTAURANT, 3426 Bathurst Street, Toronto, Ontario, M6A 2C2, licence number 24196, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on April 10, 2007 and CONTINUE until 2:00 a.m. on April 20, 2007.
DATED AT TORONTO THIS 2nd DAY OF April, 2007.
____________________________________
GUY MAURICE, BOARD MEMBER
GM/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 TIMEZONE BAR AND RESTAURANT INC. OPERATING AS TIMEZONE BAR AND RESTAURANT, 3426 BATHURST STREET, TORONTO, LICENCE NUMBER 24196
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED FEBRUARY 19, 2007
________________________________________________________________
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On August 31, 2006, two drunken patrons were assaulted outside the establishment. On October 1, 2006, a drunken patron was involved in a fight with a doorman.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90.
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, after consultation with counsel, 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. 24196 for a period of 10 days commencing at 11:00 a.m. on April 10, 2007 and ending at 2:00 a.m. on April 20, 2007.
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 30^TH^ DAY OF MARCH 2007.
RESPECTFULLY SUBMITTED,
__________________________________ ____________________________________
Sanjay Pahuja Phillip Morris
For Norberto Agtarap Registrar’s Counsel
Licensee