LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: Enterprise 2000 95 Queen’s Quay East Toronto, Ontario M5E 1A3
Licensee: Toronto Cruises Management Inc. Licence Number: 807151 Notice of Proposal: To SUSPEND a licence Dated December 14, 2006
The Proposal alleges that 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, 3rd Floor Toronto, Ontario M2N 0A4 April 23, 2007
Presiding
Board Member: Patricia McQuaid, Vice Chair
Agent for the
Registrar: Sujin Chan, Student-at-Law
Counsel for the Licensee: Calvin Barry
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 April 23, 2007, pursuant to a Notice of Proposal dated December 14, 2006, to suspend the licence issued to Toronto Cruises Management Inc. for premises operating as ENTERPRISE 2000, 95 Queen’s Quay East, Toronto, Ontario, M5E 1A3, licence number 807151;
AND WHEREAS the corporate licensee was represented by legal counsel Calvin Barry;
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 Calvin Barry, 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 24, 2006, patrons fought each other on the licensed vessel.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) (permitting disorderly conduct) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation (permit drunkenness) contained in the Notice of Proposal dated December 14, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Toronto Cruises Management Inc. for premises operating as ENTERPRISE 2000, 95 Queen’s Quay East, Toronto, Ontario, M5E 1A3, licence number 807151, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on July 11, 2007, and CONTINUE until 2:00 a.m. on July 14, 2007.
DATED AT TORONTO THIS 25 DAY OF APRIL 2007.
PATRICIA MCQUAID, BOARD MEMBER
PM/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 TORONTO CRUISES MANAGEMENT INC. OPERATING AS ENTERPRISE 2000, 95 QUEEN’S QUAY EAST, TORONTO, LICENCE NUMBER 807151
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s Agent agree to the following:
On June 24, 2006, patrons fought each other on the licensed vessel.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45(1) (permitting disorderly conduct) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has taken steps to ensure that future infractions of a similar nature do no recur.
The licence holder has no prior record of disciplinary action with the Commission.
JOINT SUBMISSION REGARDING DISPOSITION
The Licence Holder, having consulted with legal counsel, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
A three (3) day suspension of the liquor licence to commence at 11:00 a.m. on July 11, 2007, and to end at 2:00 a.m. on July 14, 2007.
The Registrar withdraws all remaining allegations.
Dated at Toronto this 23rd day of April, 2007.
Vasta Sklenarova Sujin Chan For the Licence Holder Agent for the Registrar
“I have the authority to bind The corporation”
Calvin Barry Counsel for the Licence Holder