LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: Velvet Lounge (THE) 580 Hespeler Road Building E Cambridge, Ontario N1R 6J8
Licensee: 1603679 Ontario Inc. Licence Number: 11340
Notice of Proposal: To SUSPEND a licence Dated February 7, 2007
The Proposal alleges that:
(a) Contrary to section 29 of the Liquor Licence Act, liquor was permitted to be sold or supplied to a person who was or appeared to be intoxicated.
(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, 3rd Floor Toronto, Ontario M2N 0A4 April 16, 2007
Presiding Board Member: Bruce Monteith, Member
Counsel for the Registrar: Phillip Morris
Counsel for the Licensee: Adam Vassos
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 16, 2007, pursuant to a Notice of Proposal dated February 7, 2007 to suspend the liquor licence issued to 1603679 Ontario Inc. for premises operating as VELVET LOUNGE (THE), 580 Hespeler Road, Building E, Cambridge, Ontario, N1R 6J8, licence number 11340;
AND WHEREAS the corporate licensee was represented by legal counsel, Adam Vassos;
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 counsel for the Registrar and Adam Vassos, acting 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 September 2, 2006, a drunken patron was served liquor in the licensed premises despite his intoxicated condition.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 of the Liquor Licence Act enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated February 7, 2007;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1603679 Ontario Inc. for premises operating as VELVET LOUNGE (THE), 580 Hespeler Road, Building E, Cambridge, Ontario, N1R 6J8, licence number 11340, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on May 5, 2007 and CONTINUE until 2:00 a.m. on May 10, 2007.
DATED AT TORONTO THIS 18th DAY OF APRIL 2007.
BRUCE MONTEITH, BOARD MEMBER
BM/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 1603679 ONTARIO INC., 580 HESPELER ROAD, BUILDING E, CAMBRIDGE LICENE NUMBER 0011340 NOTICE OF PROPOSAL NUMBER 14932
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’ Counsel agree to the following with respect to the Notice of Proposal To Suspend A Licence Dated February 07, 2007:
On September 2, 2006, a drunken patron was served liquor in the licensed premises despite his intoxicated condition.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of section 29 of the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Commission.
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 1603679 ONTARIO INC., 580 HESPELER ROAD, BUILDING E, CAMBRIDGE LICENE NUMBER 0011340 NOTICE OF PROPOSAL NUMBER 14932
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted legal counsel and Registrar’s Counsel submit that the following disposition, with respect to the Notice of Proposal to suspend a Licence dated February 07, 2007, is appropriate in these circumstances.
There shall be a FIVE (05) day suspension of liquor licence #0011340 to be served consecutively commencing on May 05, 2007 at 11:00 a.m., and ending on May 10, 2007, at 2:00 a.m.
Should the Board members make the findings as agreed to, and impose the disposition as submitted, then the Registrar will withdraw the remaining allegation in the Notice of Proposal of February 07, 2007.
Dated this 11th day of April, 2007,
Konstantinos (Gus) Koustantinou Phillip Morris for Brad Alton, Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”