LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: PETERS BAR & GRILL ON ADELAIDE
340 Adelaide Street West
Toronto, Ontario
M5V 1R4
Licensee: 2043391 Ontario Inc.
Licence Number: 202272
Notices of Proposal: To REVOKE a licence
Dated August 3, 2006
Dated December 11, 2006
The Proposal alleges that:
(a) Contrary to section 49 of Ontario Regulation 719/90 under the Liquor Licence Act, the boundaries of the premises to which the licence applies were altered by the applicant without the prior written consent of the Board;
(b) 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;
(c) Contrary to section 13 of Ontario Regulation 719/90 under the Liquor Licence Act, the licensed premises failed to have a partition of 0.9 metres distinguishing adjacent areas;
(d) Contrary to section 52 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to post the licence in a conspicuous place in the premises to which the licence applies;
(e) Contrary to subsection 16(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder is carrying on the business under a name different than the name set out on the licence;
(f) 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;
(g) 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;
(h) Contrary to subsection 17(2) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the sale and service of liquor was supervised by an authorized employee;
(i) And for violating a condition on the licence stating:
“On Thursdays from 11:59 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor area of the establishment.”
“On Fridays and Saturdays from 1:00 a.m. the following morning (i.e. 1:00 a.m. on Saturdays and Sundays) until the business has closed there shall be no live or amplified music, or amplified announcements on any outdoor licensed area of the establishment.”
“Each evening, after the time when live and amplified music and amplified announcements are no longer permitted, the licensee shall ensure that all windows and doors to the establishment are closed and shall remain closed throughout the remainder of the night. Doors shall only be opened to allow people to enter and exit the premises and shall not be propped or held open at any time.”
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, 3^rd^ Floor
Toronto, Ontario
M2N 0A4
April 27, 2007 via teleconference
Presiding
Board Member: Patricia McQuaid, Vice Chair
Counsel for the
Registrar: Brad Alton
Counsel for the
Licensee: Noel Gerry
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 teleconference hearing on April 27, 2007, pursuant to Notices of Proposal dated August 3, 2006, and December 11, 2006, to revoke the licence issued to 2043391 Ontario Inc. for premises operating as PETERS BAR & GRILL ON ADELAIDE, 340 Adelaide Street West, Toronto, Ontario, M5V 1R4, licence number 202272;
AND WHEREAS the corporate licensee was represented by legal counsel Noel Gerry;
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 Mr. Gerry, 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 Thursday July 13, 2006, music on the licensed patio was not turned off by 11:59 p.m. A condition on the liquor licence states:
“On Thursdays from 11:59 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor area of the establishment.”
- On Sunday, July 23, 2006, at approximately 1:30 a.m., and Saturday, August 26, 2006, at approximately 1:38 a.m., music was playing on the licensed patio. A condition on the liquor licence states:
“On Fridays and Saturdays from 1:00 a.m. the following morning (i.e. 1:00 a.m. on Saturdays and Sundays) until the business has closed there shall be no live or amplified music, or amplified announcements on any outdoor licensed area of the establishment.”
- An inspection on Friday, July 14, 2006, found that the doors were still propped open at 12:20 a.m. A condition on the licence states:
“Each evening, after the time when live and amplified music and amplified announcements are no longer permitted, the licensee shall ensure that all windows and doors to the establishment are closed and shall remain closed throughout the remainder of the night. Doors shall only be opened to allow people to enter and exit the premises and shall not be propped or held open at any time.”
On July 13, August 26 and 29, 2006, an inspection found that patrons were consuming liquor in an unlicensed area.
On August 27, 2006, a patron was found smoking marijuana in the licensed premises.
On August 26 & 27, 2006, drunken patrons were in the licensed premises.
On July 14 and August 27, 2006, an inspection found that entire liquor licence was not posted.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 34(1), 45(1), 45(2) and section 52 of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
AND FURTHER the Board finds violations of the following conditions on the liquor licence:
“On Thursdays from 11:59 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor area of the establishment.”
“On Fridays and Saturdays from 1:00 a.m. the following morning (i.e. 1:00 a.m. on Saturdays and Sundays) until the business has closed there shall be no live or amplified music, or amplified announcements on any outdoor licensed area of the establishment.”
“Each evening, after the time when live and amplified music and amplified announcements are no longer permitted, the licensee shall ensure that all windows and doors to the establishment are closed and shall remain closed throughout the remainder of the night. Doors shall only be opened to allow people to enter and exit the premises and shall not be propped or held open at any time.”
The Board accepted the withdrawal of the remaining allegations contained in the Notices of Proposal dated August 3, 2006, and December 11, 2006.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 2043391 Ontario Inc. for premises operating as PETERS BAR & GRILL ON ADELAIDE, 340 Adelaide Street West, Toronto, Ontario, M5V 1R4, licence number 202272, be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on May 22, 2007, and CONTINUE until 2:00 a.m. on July 6, 2007.
FURTHER the Board ORDERS the following conditions be added to the liquor licence:
“There shall be a minimum of one person with at least one year’s experience working as a Smart Serve certified employee on duty in the licensed premises at all times during operating hours.
Condition #3 shall be replaced with the following condition:
“On Sundays through Wednesdays from 11:00 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor licensed area of the establishment.”
- Condition #4 shall be replaced with the following condition:
“On Thursdays from 10:59 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor area of the establishment.”
- Condition #5 shall be replaced with the following condition:
“On Fridays and Saturdays from 11:59 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor licensed area of the establishment.”
DATED AT TORONTO THIS 2^nd^ DAY OF MAY, 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 2043391 ONTARIO INC.
OPERATING AS PETERS BAR & GRILL ON ADELAIDE, 340 ADELAIDE STREET WEST, TORONTO,
LICENCE NUMBER 202272
NOTICE OF PROPOSAL NUMBER 14332 AND 14782
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s counsel agree to the following with respect to the Notice of Proposal to Revoke a Licence dated August 03, 2006, and the Notice of Proposal to Revoke a Licence dated December 11, 2006:
- On Thursday July 13, 2006, music on the licensed patio was not turned off by 11:59 p.m. A condition on the liquor licence states:
“On Thursdays from 11:59 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor area of the establishment.”
Based on the facts in paragraph 1, the Licence Holder admits to a violation of a condition of their liquor licence.
On Sunday, July 23, 2006, at approximately 1:30 a.m., and Saturday, August 26, 2006, at approximately 1:38 a.m., music was playing on the licensed patio. A condition on the liquor licence states:
“On Fridays and Saturdays from 1:00 a.m. the following morning (i.e. 1:00 a.m. on Saturdays and Sundays) until the business has closed there shall be no live or amplified music, or amplified announcements on any outdoor licensed area of the establishment.”
Based on the facts in paragraph 3, the Licence Holder admits to violations of a condition on their liquor licence.
An inspection on Friday, July 14, 2006, found that the doors were still propped open at 12:20 a.m. A condition on the licence states:
“Each evening, after the time when live and amplified music and amplified announcements are no longer permitted, the licensee shall ensure that all windows and doors to the establishment are closed and shall remain closed throughout the remainder of the night. Doors shall only be opened to allow people to enter and exit the premises and shall not be propped or held open at any time.”
Based on the facts in paragraph 5, the Licence Holder admits to a violation of a condition on their liquor licence.
On July 13, August 26 and 29, 2006, an inspection found that patrons were consuming liquor in an unlicensed area.
Based on the facts in paragraph 7, the Licence Holder admits to violations of subsection 34(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On August 27, 2006, a patron was found smoking marijuana in the licensed premises.
Based on the facts in paragraph 9, the Licence Holder admits to a violation of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
On August 26 & 27, 2006, drunken patrons were in the licensed premises.
Based n the facts in paragraph 11, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On July 14 and August 27, 2006, an inspection found that entire liquor licence was not posted.
Based on the facts in paragraph 13, the Licence Holder admits to a violation of section 52 of Ontario Regulation 719/90 under the Liquor Licence Act.
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 2043391 ONTARIO INC.
OPERATING AS PETERS BAR & GRILL ON ADELAIDE, 340 ADELAIDE STREET WEST, TORONTO,
LICENCE NUMBER 202272
NOTICE OF PROPOSAL NUMBER 14332 AND 14782
JOINT SUBMISSION REGARDING
DISPOSITION
The Licence Holder, having consulted legal counsel, and Registrar’s Counsel submit that the following disposition, with respect to the Notice(s) Of Proposal To Revoke a Licence, is appropriate in these circumstances:
There shall be a FORTY-FIVE (45) days suspension of liquor licence #202272 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of the date of acceptance by the Board.
The Licensee consent to the following condition being added to liquor licence #202272:
“There shall be a minimum of one person with at least one years experience working as a Smart Serve certified employee on duty in the licensed premises at all times during operating hours.
- The Licensee consents to the following changes being made to liquor licence #202272:
a) Condition #3 shall be replaced with the following condition:
“On Sundays through Wednesdays, from 11:00 p.m. until the business has closed, there shall be no live or amplified music or amplified announcements on any outdoor licensed area of the establishment”
b) Condition #4 shall be replaced with the following condition:
“On Thursdays from 10:59 p.m. until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor area of the establishment”
c) Condition #5 shall be replaced with the following condition:
“On Fridays and Saturdays from 11:59 p.m., until the business has closed there shall be no live or amplified music or amplified announcements on any outdoor licensed area of the establishment.
The Licensee agrees to submit a completed “Application for Changes or Additions to Existing Licensed Areas” (Form #1221) and a “Change of Establishment Name” (Form #3175) no later than 90 days from the date this agreement is heard and approved by the Board.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar’s Counsel will withdraw the remaining allegation(s) in the Notice(s) of Proposal.
Dated at Toronto this 25^th^ day of April, 2007.
Noel Gerry Brad Alton, counsel for the
Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
Justin Patrick Wood
Licence Holder
“I have authority to bind the corporate licensee”