LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: COALPOT RESTAURANT & BAR
1837 Lawrence Ave., E.,
Scarborough, Ontario M1R 2Y3
Licensee: Coalpot Restaurants Inc.
Licence Number: 803047
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence
Dated August 29, 2006
Supplementary
Notice of Proposal: To SUSPEND a licence
Dated November 9, 2006.
The Proposals allege that:
(a) contrary to subsection 25(1) of Ontario Regulation 719/90 under the Liquor Licence Act, liquor was sold and served in the licensed premises outside of prescribed hours.
(b) contrary to subsection 30(4) of the Liquor Licence Act (“LLA”), the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises.
(c) contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg.”), 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.
(d) A condition of the liquor licence states:
No person under age nineteen in premises after 10 p.m. daily unless paid employees of the licensed premises and are on duty for the duration of their stay.
(e) contrary to section 29 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. East, 3rd Floor Toronto, Ontario M2N 0A4 May 7, 2007
Presiding Board Members: Alex McCauley, Member Beryl Ford, Member
Appearances: Bryna Kaplan, Representative of the Registrar Tom Gagovski, Representative of the Licensee
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 hearing on May 7, 2007 pursuant to a Notice of Proposal dated August 29, 2006 to suspend a licence and to add a condition to the licence and a Supplementary Notice of Proposal dated November 9, 2006 to suspend the liquor licence issued to Coalpot Restaurants Inc. operating as Coalpot Restaurant & Bar, 1837 Lawrence Ave., E., Scarborough, Ontario, M1R 2Y3, licence number 803047;
AND WHEREAS Tom Gagovski appeared on behalf of the corporate licensee and waived its right to be represented by a Barrister and Solicitor;
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 Ms. Kaplan and Mr. Gagovski, and are attached hereto and form part of this decision. It was agreed and admitted that:
On June 10, 2006, liquor was sold in the licensed establishment at approximately 2:18 a.m. and a drunken patron, under the age of 19 years was found consuming liquor in the licensed premises.
A condition of the liquor licence states:
“No person under age nineteen in premises after 10 p.m. daily unless paid employees of the licensed premises and are on duty for the duration of their stay.”
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30(4) of the LLA and subsections 25(1), 41(1) and 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation contained in the Supplementary Notice of Proposal dated November 9, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Coalpot Restaurants Inc. operating as Coalpot Restaurant & Bar, 1837 Lawrence Ave., E., Scarborough, Ontario, M1R 2Y3, licence number 803047 be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on September 24, 2007, and CONTINUE until 2:00 a.m. on October 15, 2007.
FURTHER the Board ORDERS the following condition:
“The front window shall not be covered by anything including blinds, curtains or shading devices between the hours of 2 a.m. and 5 a.m.”
DATED AT TORONTO THIS 9th DAY OF MAY 2007.
ALEX MCCAULEY, BOARD MEMBER BERYL FORD, BOARD MEMBER
AM/mw
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
COALPOT RESTAURANTS INC. OPERATING AS COALPOT RESTAURANT & BAR, 1837 LAWRENCE AVE., E., SCARBOROUGH,
LICENCE NUMBER 803047
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to Legal Counsel and having declined that right, and through its Agent and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated August 29, 2006 and the Supplementary Notice of Proposal to Suspend a Licence dated November 9, 2006:
On June 10, 2006, liquor was sold in the licensed establishment at approximately 2:18 a.m. and a drunken patron, under the age of 19 years was found consuming liquor in the licensed premises.
A condition of the liquor licence states:
“No person under age nineteen in premises after 10 p.m. daily unless paid employees of the licensed premises and are on duty for the duration of their stay.”
- Based upon the above-admitted facts, the licence holder admits to violations of subsections 30(4) of the Liquor Licence Act and sections 25 (1), 41(1) and 45(1) of Revised Regulation 719/90 under the Liquor Licence Act and a breach of a condition of the licence.
JOINT SUBMISSIONS ON DISPOSITION
Whereas the licensee served an 11 day suspension in September 2005 and a 14 day suspension in April 2006;
The Licensee, having been advised of its right to Legal Counsel and having declined that right, and through its Agent, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A twenty-one (21) day suspension of liquor licence number 803047 to be served consecutively, from September 24, 2007 at 11 a.m. until October 15, 2007 at 2 a.m.
That the following condition be imposed on the liquor licence:
“The front windows shall not be covered by anything including blinds, curtains or shading devices between the hours of 2 a.m. and 5a.m.”
Respectfully submitted this day of May, 2007.
Lincoln Rajesh Radhay Bryna Kaplan
For the Corporate Licence Holder Counsel to the Registrar, AGCO
“I have the authority to bind the Corporation.”
Tom Gagovski
Agent for the Corporate Licensee