LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CLUB PARADISE 220 Attwell Drive Unit 10 Etobicoke, Ontario M9W 5B2
Licensee: 1081165 Ontario Inc. Licence Number: 801854
Notice of Proposal: To REVOKE a licence Dated July 18, 2006
The Proposal alleges that:
(a) Contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(b) Contrary to subsection 45(2) of the Liquor Licence Act, the licence holder failed to facilitate an inspection relevant to the licence.
Notice of Proposal: To SUSPEND a licence February 21, 2006
Amended Notice of Proposal: To SUSPEND a licence December 21, 2006
The Proposal alleges that:
(a) Contrary to subsection 30.1(1) under the Liquor Licence Act, the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
(b) Contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
(c) 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.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 January 29, 2007 & April 23, 2007
Presiding Board Members: David C. Gavsie, Chair Beryl Ford, Board Member
Counsel for the Registrar: Joyce Taylor Counsel for the Licensee: Peter Bouroukis
Attendance: Rennox Scoburgh sole officer, director and shareholder of the licensee corporation
Exhibits: #1 Floor Plan #2 Site Plan #3 Floor Plan (scaled version) #4 Agreed Statement of Facts #5 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 January 29, 2007 and April 23, 2007, pursuant to a Notice of Proposal dated July 18, 2006 to revoke a licence and a Notice of Proposal dated February 21, 2006 and Amended Notice of Proposal dated December 21, 2006 to suspend the liquor licence issued to 1081165 Ontario Inc. for premises operating as CLUB PARADISE, 220 Attwell Drive, Unit 10, Etobicoke, Ontario, M9W 5B2, licence number 801854;
AND WHEREAS the corporate licensee was represented by legal counsel, Peter Bouroukis;
AND WHEREAS at the commencement of the 2nd day of the hearing there were a written Agreed Statement of Facts (Exhibit #4) and Joint Submission on Disposition (Exhibit #5) submitted by counsel for the Registrar and Peter Bouroukis, 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 December 11, 2005, a police officer counted approximately 426 people in an area licensed for 335. On January 1, 2006 police officers and a liquor inspector visited the licensed premises and found patrons consuming liquor in the unlicensed kitchen area. On the night of March 18-19, 2006 police officers counted approximately 510 people in an area licensed for 335.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 43 and subsection 34(1) 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 July 18, 2006 and Amended Notice of Proposal dated December 21, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1081165 Ontario Inc. for premises operating as CLUB PARADISE, 220 Attwell Drive, Unit 10, Etobicoke, Ontario, M9W 5B2, licence number 801854, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on June 24, 2007 and CONTINUE until 2:00 a.m. on July 24, 2007.
DATED AT TORONTO THIS 7TH DAY OF MAY, 2007.
DAVID C. GAVSIE, CHAIR BERYL FORD, BOARD MEMBER
DCG/sm
Attached.
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 1081165 ONTARIO INC. OPERATING AS CLUB PARADISE, 220 ATTWELL DRIVE, UNIT 10., TORONTO LICENCE NO. 801854
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 Amended Notice of Proposal to Suspend a Licence dated December 21, 2006 and Notice of Proposal to Revoke a Licence dated July 18, 2006.
On December 11, 2005, a police officer counted approximately 426 people in an area licensed for 335. On January 1, 2006 police officers and a liquor inspector visited the licensed premises and found patrons consuming liquor in the unlicensed kitchen area. On the night of March 18-19, 2006 police officers counted approximately 510 people in an area licensed for 335.
Based on the aforementioned facts, the Licensee admits to have breached sections 34(1) and 43 of Ontario Revised Regulation 719/90, as amended, and enacted pursuant to the Liquor Licence Act.
The Licensee has undertaken to work with police officers and liquor inspectors, and to ensure his staff works with police officers and liquor inspectors to ensure that these infractions do not take place in the future.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has been previously suspended for 21 days for breach section 43 (permitting overcrowding) and 45(1) (disorderedly conduct) of O.Reg. 719/90 in 2000 and for 21 days for breached section 45(2) (permitting narcotics) of O.Reg. 719/90 in 2004.
The Licensee who has been advised by counsel and Registrar's counsel jointly submit that the following disposition is appropriate in the circumstances:
There shall be a thirty (30) day suspension of liquor licence 801854 to be served on dates to be provided to the Manager of the Hearings, Alcohol & Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 300, Toronto, Ontario, M2N 0A4, fax (416) 326-5566, within seven (7) days of today's date, failing which the Board shall set the suspension without further notice to the Licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of the hearing date.
Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw any remaining allegations set out in the Amended Notice of Proposal dated December 21, 2006 and the Notice of Proposal dated July 18, 2006.
Respectfully submitted this 23rd day of April, 2007.
1081165 ONTARIO INC.
Per: Rennox Scoburgh Joyce A. Taylor "I have authority to bind the Corporation". Counsel for the Registrar
Peter Bouroukis Counsel for the Licensee