LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: ISLAND PARADISE RESTAURANT
Centre Island
Building 39
Toronto, Ontario
M5J 1X7
Licensee: Centre Island Food Services Ltd.
Licence Number: 20136
Notice of Proposal: To SUSPEND a licence and to REVOKE caterer’s endorsement to the licence
Dated November 24, 2006
The Proposal alleges that:
(a) contrary to subsection 91 (1) of Ontario Regulation 719/90
under the Liquor Licence Act, the licensee failed to advise the Commission of the use of the licensee’s caterer’s endorsement.
(b) contrary to subsection 20 (1) of Ontario 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.
(c) 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
(d) contrary to subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act, 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.
(e) contrary to subsection 5(1) of the Liquor Licence Act liquor
was unlawfully kept for sale, offered for sale, or sold in the premises.
(f) contrary to section 33(1) of Ontario Regulation 719/90 under
the Liquor Licence Act, the licence holder permitted liquor other than liquor purchased by the licence holder under the licence from a government store to be brought onto the licensed premises or the liquor and food preparation area and storage areas.
(g) contrary to subsection 30(4) of the Liquor Licence Act (“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.
(h) 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.
(i) contrary to subsection 34 (1) of Ontario Regulation 719/90
under the Liquor Licence Act, the licence holder permitted a patron to remove liquor from the licensed premises.
(j) contrary to section 21 of Ontario Regulation 719/90 under the
Liquor Licence Act (the “O. Reg 719/90”), the licence holder requested, demanded or received financial or material benefit from a manufacturer of liquor or a representative or an employee of the manufacturer.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. East, 3rd Floor
Toronto, Ontario
M2N 0A4
March 30, 2007
Presiding
Board Member: Patricia McQuaid, Vice-Chair
Counsel for the
Registrar: Joyce Taylor
Counsel for the
Licensee: Ron Fritz
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 November 24, 2006 to suspend the licence and to revoke the caterer’s endorsement to the licence issued to Centre Island Food Services Ltd. for premises operating as Island Paradise Restaurant, Centre Island, Building 39, Toronto, Ontario, M5J 1X7, licence number 20136;
AND WHEREAS the corporate licensee was represented by legal counsel Ron Fritz;
AND WHEREAS, as a preliminary matter, counsel for the parties indicated their consent to this matter being heard by Vice-Chair McQuaid though she also presided at the pre-hearing conferences in respect of this Notice of Proposal;
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 counsel for the corporate licensee, which are attached hereto and form part of this decision. Further, the parties, through counsel, agreed orally to amend the Notice of Proposal to include an allegation of a violation of section 29 of the Liquor Licence Act.
With reference to the particulars of the allegations, it was agreed and admitted that:
On June 20, 2006 the licence holder notified the Commission of an event to be held on the Toronto Islands on June 24, 2006. On August 14, 2006 the licence holder notified the Commission of an event to be held on the Toronto Islands on August 19, 2006.
On June 24, 2006 the licence holder served unlimited servings of liquor to patrons at once in the catered area. On August 19, 2006, in the catered area, servers handed out unlimited amounts of liquor free to patrons as it had been purchased by the licensee’s promoter.
On August 13, 2006 a person under the age of nineteen, who appeared to be under the age of nineteen, was permitted to consume liquor in the area licensed under the catering endorsement.
On August 19, 2006 and September 9, 2006, patrons were permitted to smoke marijuana in areas licensed under the licensee’s catering endorsement. On September 9, 2006 patrons were permitted to bring their own liquor, not purchased under licence, into the licensed area and patrons were permitted to remove liquor from the licensed area.
On September 9 and 10, 2006, drunken patrons were found in areas licensed under the licensee’s catering endorsement. On September 9, 2006, two patrons were served liquor in a licensed area after having been removed from another licensed area for intoxication.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 and subsection 30(4) of the LLA and subsections 20(1), 33(1), 34(1), 45(1), 45(2), and 91(1) of the O. Reg 719/90. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated November 24, 2006.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Centre Island Food Services Ltd. for premises operating as Island Paradise Restaurant, Centre Island, Building 39, Toronto, Ontario, M5J 1X7, licence number 20136 be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on September 9, 2007 and CONTINUE until 2:00 a.m. on September 30, 2007.
FURTHER, the Board ORDERS that the following conditions shall be attached to and printed on the face of the Licence:
- No person under 19 years of age shall be permitted in any area where liquor
is served under the catering endorsement.
- The maximum number of people who may be in the areas where liquor is
being served under the catering endorsement at one time shall be a
combined total of 1000 people. The maximum number of people who may
be in the areas where liquor is being served under the catering endorsement
for any one sponsored event shall be 500 people. All capacities shall
include staff members.
- The licensee shall ensure that notice, in accordance with the regulations, for
any catered event where the area or areas where liquor shall be served shall
have a total capacity of 200 people or greater, shall be provided to the
Liquor Enforcement Section of the Alcohol and Gaming Commission of
Ontario at least twenty-one (21) days in advance of the catered event. If the
catered event is to take place on the Toronto Islands, then the licensee shall
also ensure that this notice is provided to the Toronto Police Service Marine
Unit at least twenty-one (21) days in advance of the catered event.
- The licensee shall ensure that a detailed plan showing the physical
dimensions, location and capacity of all liquor service areas shall be
provided to the Liquor Enforcement Section of the Alcohol and Gaming
Commission of Ontario for all catered events where the area or areas where
liquor shall be served shall have a total capacity of 200 people or greater, at
least fourteen (14) days in advance of the catered event. If the catered event
is being held on the Toronto Islands, then the licensee shall also ensure that
this plan shall be provided to the Toronto Police Service Marine Unit at least
fourteen (14) days in advance of the catered event.
DATED AT TORONTO THIS 3rd DAY OF APRIL 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/mw
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
CENTRE ISLAND FOOD SERVICES LTD.
OPERATING AS ISLAND PARADISE RESTAURANT,
CENTRE ISLAND, BUILDING 39, TORONTO, LICENCE NO. 20136
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence, dated November 24, 2006:
On June 20, 2006 the licence holder notified the Commission of an event to be held on the Toronto Islands on June 24, 2006. On August 14, 2006 the licence holder notified the Commission of an event to be held on the Toronto Islands on August 19, 2006.
On June 24, 2006 the licence holder served unlimited servings of liquor to patrons at once in the catered area. On August 19, 2006, in the catered area, servers handed out unlimited amounts of liquor free to patrons as it had been purchased by the licensee’s promoter.
On August 13, 2006 a person under the age of nineteen, who appeared to be under the age of nineteen, was permitted to consume liquor in the area licensed under the catering endorsement.
On August 19, 2006 and September 9, 2006, patrons were permitted to smoke marijuana in areas licensed under the licensee’s catering endorsement. On September 9, 2006 patrons were permitted to bring their own liquor, not purchased under licence, into the licensed area and patrons were permitted to remove liquor from the licensed area.
On September 9 and 10, 2006, drunken patrons were found in areas licensed under the licensee’s catering endorsement. On September 9, 2006, two patrons were served liquor in a licensed area after having been removed from another licensed area for intoxication.
Based on the above-mentioned facts, the licensee admits to having breached section 29 and section 30(4) of the Liquor Licence Act, and sections 20(1), 33(1), 34(1), 45(1), 45(2), and 91(1) of Ontario Revised Regulation 719/90.
All of these events took place on the Toronto Islands under the licensee’s catering endorsement.
JOINT SUBMISSION ON
DISPOSITION
Whereas the licensee has been previously suspended for 10 days in 2006 for in August 2005 for failing to properly notify the Commission respecting use of the catering endorsement, failing to post the Fetal Alcohol Spectrum Disorder notice, offering only one brand of beer for sale, failing to provide food during the event, and permitting liquor not purchased on licence at the event site.
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
A. There shall be a twenty-one (21) day suspension of liquor licence 20136 commencing at 11:00 a.m. on September 9, 2007 and continuing until 2:00 a.m. on September 30, 2007.
B. The following conditions shall be attached to and printed on the face of the Licence:
- No person under 19 years of age shall be permitted in any area where liquor
is served under the catering endorsement.
- The maximum number of people who may be in the areas where liquor is
being served under the catering endorsement at one time shall be a
combined total of 1000 people. The maximum number of people who may
be in the areas where liquor is being served under the catering endorsement
for any one sponsored event shall be 500 people. All capacities shall
include staff members.
- The licensee shall ensure that notice, in accordance with the regulations, for
any catered event where the area or areas where liquor shall be served shall
have a total capacity of 200 people or greater, shall be provided to the
Liquor Enforcement Section of the Alcohol and Gaming Commission of
Ontario at least twenty-one (21) days in advance of the catered event. If the
catered event is to take place on the Toronto Islands, then the licensee shall
also ensure that this notice is provided to the Toronto Police Service Marine
Unit at least twenty-one (21) days in advance of the catered event.
- The licensee shall ensure that a detailed plan showing the physical
dimensions, location and capacity of all liquor service areas shall be
provided to the Liquor Enforcement Section of the Alcohol and Gaming
Commission of Ontario for all catered events where the area or areas where
liquor shall be served shall have a total capacity of 200 people or greater, at
least fourteen (14) days in advance of the catered event. If the catered event
is being held on the Toronto Islands, then the licensee shall also ensure that
this plan shall be provided to the Toronto Police Service Marine Unit at least
fourteen (14) days in advance of the catered event.
C. Should the Board accept the Agreed Statement of Facts and order the sanction set out in this Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Suspend a Licence, dated November 24, 2006.
Respectfully submitted this 29th day of March, 2007.
CENTRE ISLAND FOOD SERVICES LTD.
Bill Beasley Joyce A. Taylor
“I have authority to bind the Corporation.” Counsel for the Registrar
Ronald A. Fritz
Counsel for the Licensee