LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: SIN 378-380 Elgin Street Unit E Ottawa, Ontario K2P 1N1
Licensee: 1252378 Ontario Inc.
Licence Number: 202703
Notice of Proposal: To REVOKE a licence Dated March 27, 2006
The Proposal alleges that:
(I) With respect to section 6 of the Act:
(a) Contrary to clause 6(2)(g) of the Liquor Licence Act, the licensed premises, accommodation, equipment and facilities are not I compliance with the regulations.
(II) With respect to contraventions of the Liquor Licence Act, the Regulations thereto:
(a) Contrary to paragraph 50(a) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that the premises complies with all applicable zoning by-laws respecting the use of the premises.
(b) Contrary to paragraph 50(b) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder has failed to ensure that the premises complies with the Building Code Act respecting the use of the premises.
(c) Contrary to subsection 16(1) of the Liquor Licence Act, liquor was kept for sale, offered for sale or sold under the authority of a licence without the licence being transferred.
(d) 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.
(e) Contrary to subsection 35(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that light meals were available for sale to patrons on the licensed premises.
(f) Contrary to subsection 36 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that meals sold and served on the licensed premises are prepared on the premises or on nearby premises that are under the control of the licence holder.
(g) Contrary to subsection 38(1) of the Liquor Licence Act, the licence holder failed to advertise liquor in accordance with the regulations.
(h) 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.
(i) Contrary to section 53 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to make available lists describing:
(I). the varieties of liquor available for sale;
(II). the amount of liquor in each type of drink offered for sale;
(III). the varieties of non-alcoholic beverages available for sale;
(IV). the purchase price of the food, liquor and non-alcoholic beverages.
Hearing: Ottawa Marriott 100 Kent Street Ottawa, Ontario K1P 5R7 April 18, 2007
Presiding Board Members: David C. Gavsie, Chair of the AGCO Bruce Moneith, Member
Counsel for the Registrar: Joyce Taylor
Agent for the Licensee: Ainslie Dunston
Attendance: Douglas Duncan
Exhibits: #1 Letter of authorization #2 Agreed Statement of Facts #3 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 18, 2007 pursuant to a Notice of Proposal dated March 27, 2006 to revoke the liquor licence issued to 1252378 Ontario Inc. for premises operating as SIN, 378-380 Elgin Street, Unit E, Ottawa, Ontario, K2P 1N1, licence number 202703;
AND WHEREAS Ainslie Dunstone, an agent, appeared on the corporate licensee’s behalf and waived its right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #2) and Joint Submission on Disposition (Exhibit #3) submitted by counsel for the Registrar and Ainslie Dunstone, appearing 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:
On November 11, 2005 a liquor inspector visited the licensed premises and found the licensee had undertaken renovations without a building permit, which altered the boundaries of the licensed premises, and had not been approved by the Registrar. The premises were operated as a night club in contravention of the zoning by-law.
On November 24, 2005 a liquor inspector visited the licensed premises and found that food for light meals was not available for patrons and non-alcoholic beverages were not listed on the menu.
On December 3, 2005 a liquor inspector visited the licensed premises and found liquor was advertised in contravention of advertising guidelines as set under the regulations.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 38(1) of the Liquor Licence Act and subsections 35(1), 50(a) and 50(b) and sections 36, 49 and 53(iv) of Ontario Revised 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 March 27, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1252378 Ontario Inc. for premises operating as SIN, 378-380 Elgin Street, Unit E, Ottawa, Ontario, K2P 1N1, licence number 202703, be SUSPENDED for a minimum of TWENTY-ONE (21) days EFFECTIVE IMMEDIATELY and shall remain suspended after May 9, 2007, if the Licensee has not obtained approval from the Registrar for the alteration in boundaries under section 76 of O. Reg 719/90. The suspension shall continue until such time as the Licensee has obtained approval for the alteration in boundaries from the Registrar.
AND FURTHER the Board ORDERS that the following condition be attached to the licence, on the consent of the licensee:
(a) The Licensee shall maintain seating for a minimum of 120 patrons at all times; and
(b) The licensed premises shall not be used as a night club at any time.
DATED AT TORONTO THIS 23 DAY OF APRIL 2007.
BRUCE MONTEITH, BOARD MEMBER DAVID C. GAVSIE, CHAIR
DCG/sm
Attached.
IN THE MATTER OF THE LIQUOR LICNECE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1252378 ONTARIO INC. OPERATING AS SIN 378-380- ELGIN ST. UNIT E, OTTAWA LICENCE NO. 202703
AGREED STATEMENT OF FACTS
The Licensee who has been advised of his right to counsel, and having waived that right and chosen to proceed with an agent instead of a lawyer, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Revoke a Licence dated March 27, 2006.
On November 11, 2005 a liquor inspector visited the licensed premises and found the licensee had undertaken renovations without a building permit, which altered the boundaries of the licensed premises, and had not been approved by the Registrar. The premises were operated as a night club in contravention of the Zoning by-law.
On November 24, 2005 a liquor inspector visited the licensed premises and found that food for light meals was not available for patrons and non-alcoholic beverages were not listed on the menu.
On December 3, 2005 a liquor inspector visited the licensed premises and found liquor was advertised in contravention of advertising guidelines as set under the regulations.
Based on the above-mentioned facts the Licensee admits to having breached s.50(a), 50(b), 35(1), 36, 49 and 53(iv) of Ontario Revised regulation 719/90 and s. 38(1) of the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee previously suspended for 17 days for permitting drunkenness and permitting service to a minor in 2002.
The Licensee who has been advised of the right to counsel and having waived that right and chosen to proceed with an agent instead of a lawyer, agrees with Registrar’s counsel that the following disposition is appropriate in the circumstances.
Liquor Licence 202703 shall be suspended effective immediately and shall be suspended for a minimum of twenty-one (21) days. Liquor licence 202703 shall remain suspended after May 9, 2004 if the Licensee has not obtained approval from the Registrar for the Alteration in boundaries under s. 49 of O.Reg719/90. T1 suspension shall continue until such time as the Licensee has obtained approval for the alteration in boundaries from the Registrar.
The following conditions shall be attached to the liquor licence:
(a) The Licensee shall maintain seating for a minimum of 120 patrons at all times; and
(b) The licensed premises shall not be used as a night club at any time.