Alcohol and Gaming Commission of Ontario
LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CLUB PARIS 9245 Leslie Street Unit 6 & 7 (Second Floor) Richmond Hill, Ontario L4B 3H6
Licensee: Club Paris Inc.
Licence Number: 811474
Notice of Proposal: To SUSPEND a licence Dated December 11, 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 31(1)(c) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder kept for sale liquor not purchased under the licence.
(c) 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.
(d) 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 May 8, 2007
Presiding Board Members: Patricia McQuaid, Vice-Chair Bruce Monteith, Member
Appearances: Brad Alton, Representative of the Registrar David Winer, Representative of the Corporate Licensee
Exhibits: #1 Agreed Statement of Facts #2 Joint Submission on Disposition
DECISION and ORDER
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario ("AGCO") held a hearing on May 8, 2007, pursuant to a Notice of Proposal dated December 11, 2006 to suspend the liquor licence issued to Club Paris Inc. for premises operating as CLUB PARIS, 9245 Leslie Street, Unit 6&7 (Second Floor), Richmond Hill, Ontario, L4B 3H6, licence number 811474;
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 representatives for the Registrar and 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 4, 2006, a drunken patron was in the licensed premises.
On September 4, 2006, an inspection by police found that there were more than 80 people in an area licensed for only 80 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45(1) and section 43 of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated December 11, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Club Paris Inc. for premises operating as CLUB PARIS, 9245 Leslie Street, Unit 6&7 (Second Floor), Richmond Hill, Ontario, L4B 3H6, licence number 811474, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on June 18, 2007 and CONTINUE until 2:00 a.m. on June 28, 2007.
DATED AT TORONTO THIS 14TH DAY OF MAY, 2007.
BRUCE MONTEITH, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
BM/sm
Attached.
AGREED STATEMENT OF FACTS
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 CLUB PARIS INC., OPERATING AS CLUB PARIS 9245 LESLIE STREET, UNIT 6&7, 2ND FLOOR, TORONTO LICENCE NUMBER 0811474
NOTICE OF PROPOSAL NUMBER 14758
The Licence Holder, having consulted legal counsel and Registrar's Counsel, agree to the following with respect to the Notice of Proposal to Suspend a Licence dated February 07, 2007:
On September 4, 2006, a drunken patron was in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On September 4, 2006, an inspection by police found that there were more than 80 people in an area licensed for only 80 people.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
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 CLUB PARIS INC., OPERATING AS CLUB PARIS 9245 LESLIE STREET, UNIT 6&7, 2ND FLOOR, TORONTO LICENCE NUMBER 0811474
NOTICE OF PROPOSAL NUMBER 14758
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, is appropriate in these circumstances:
There shall be a TEN (10) day suspension of liquor licence #811474 to be served consecutively commencing on June 18, 2007 at 11:00 a.m., and ending on June 28, 2007, at 2:00 a.m.
Should the Board members make the findings as agreed upon and impose the disposition as submitted then the Registrar will withdraw all remaining allegations in the Notice of Proposal of December 11, 2006.
Dated this 8th day of May, 2007.
David Winer Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
Licence Holder "I have authority to bind the corporate licensee" Ken Wong