ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
1518627 Ontario Limited O/A Distrikt Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: May 31, 2007
Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative
1518627 Ontario Limited, Licensee ) Ron Fritz, Representative
1. A hearing into a Notice of Proposal dated December 11, 2006 to suspend the liquor licence, a Supplementary Notice of Proposal dated February 7, 2007 to suspend a licence, a Supplementary Notice of Proposal dated May 22, 2007 to revoke a licence, and an Interim Order dated May 22, 2007 to immediately suspend the licence issued to 1518627 Ontario Limited for premises operating as DISTRIKT, 134 Peter Street, Suite Bar, Toronto, Ontario, M5V 2H2, licence number 809812 (the Licence) on the basis of alleged violations of clause 6(2)(d), section 30(4), subsections 45(1) and 45(2) of the Liquor Licence Act (LLA) and sections 29 and 43, and subsections 41(1), 45(1) and 45(2) of Ontario Revised Regulation 719/90 (O. Reg) made pursuant to the LLA, was held on May 31, 2007, in the City of Toronto.
2. Richard Kulis and Ron Fritz submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
a) A drunken patron was in the licensed premises on each date of August 25, 2006, December 17, 2006, March 17, 2007, and May 20, 2007.
b) A patron smoked marijuana in the licensed premises on each date of August 25, 2006, and December 17, 2006.
c) On November 4, 2006, there were 1,310 people in an area licensed for 988 people.
d) On May 20, 2007, a female patron under the age of 19 years consumed liquor in the licensed premises and became drunk. She passed out and was eventually taken to hospital. A companion of the "minor" was instructed under the treat of physical violence by a manager of the licensed premises to provide false information to police regarding the circumstances of this "minor's" attendance at the licensed premises and he consumption of liquor.
3. Based on the Agreed Statement of Facts, the Board found the Licensee breached:
i. Subsection 45(1) of the O. Reg.;
ii. Subsection 45(2) of the O. Reg.;
iii. Section 43 of the O. Reg.;
iv. Subsection 30(4) of the LLA; and
v. Subsection 45(2) of the LLA
The Board accepted the withdrawal of the remaining allegations.
Order
5. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1518627 Ontario Limited for premises operating as DISTRIKT, 134 Peter Street, Suite Bar, Toronto, Ontario, M5V 2H2, licence number 809812, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on May 31, 2007, and CONTINUE until 2:00 a.m. on June 30, 2007.
1. Further, the Board ORDERS the following conditions to added to the licence:
a) Bernardo (Benny) Rotolo and Luciano Cappelli not be employed in any capacity in these licensed premises, nor have any interest in the licence holder corporation, nor be permitted in these licensed premises;
b) No person wearing "gang" colours, insignia or other identifying paraphernalia shall be allowed in the licensed premises;
c) Should the licence be transferred, Giuseppe (Joseph) Gagliano shall not be involved in any capacity as a licence holder or a manager or employee of the licensed premises.
DATED AT TORONTO THIS 31st DAY OF MAY, 2007.
_____________________________
DAVID C. GAVSIE, CHAIR
DCG/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1518627 ONTARIO LIMITED OPERATING AS
DISTRIKT, 134 PETER STREET, SUITE BAR, TORONTO
LICENCE NUMBER 809812
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar's representative agree to the following:
1. A drunken patron was in the licensed premises on each date of August 25, 2006, December 17, 2006, March 17, 2007, and May 20, 2007.
2. Based on the facts in paragraph 1, the licence holder admits to 4 violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
3. A patron smoked marijuana in the licensed premises on each date of August 25, 2006, and December 17, 2006.
4. Based on the facts in paragraph 3, the licence holder admits to 2 violations of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
5. On November 4, 2006, there were 1,310 people in an area licensed for 988 people.
6. Based on the facts in paragraph 5, the licence holder admits to a violation of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
7. On May 20, 2007, a female patron under the age of 19 years consumed liquor in the licensed premises and became drunk. She passed out and was eventually taken to hospital. A companion of the "minor" was instructed under the treat of physical violence by a manager of the licensed premises to provide false information to police regarding the circumstances of this "minor's" attendance at the licensed premises and he consumption of liquor.
8. Based on the facts in paragraph 7, the licence holder admits to violations of subsection 30(4) of the Liquor Licence Act (service of liquor to a person under the age of 19 years) and subsection 45(2) of the Liquor Licence Act (fail to facilitate an inspection).
9. The licence holder has a prior adverse five (5) days suspension in 2006.
JOINT SUBMISSION REGARDING DISPOSITION
The Licence Holder, having consulted with legal counsel, and Registrar's representative submit that the following disposition is appropriate in these circumstances:
1. A thirty (30) day suspension of the liquor licence. The licence is under an interim suspension which started on May 22, 2007. Our recommendation is that the thirty day suspension start immediately upon the acceptance by the Board of the agreement.
Further the following conditions should be imposed:
a) Bernardo (Benny) Rotolo and Luciano Cappelli not be employed in any capacity in these licensed premises, nor have any interest in the licence holder corporation, nor be permitted in these licensed premises;
b) No person wearing "gang" colours, insignia or other identifying paraphernalia shall be allowed in the licensed premises;
c) Should the licence be transferred, Giuseppe (Joseph) Gagliano shall not be involved in any capacity as a licence holder or a manager or employee of the licensed premises.
2. Should the Board members make the findings as agreed to and impose the disposition as submitted, then the Registrar's representative will withdraw the remaining allegation in the Supplementary Notice of Proposal of May 22, 2007.
Dated in Toronto this 29th day of May 2007.
_______________________________ ___________________________
For the licence holder Richard E. Kulis, for the Registrar Of the AGCO