1577137 Ontario Inc. (Downtown Echo Karaoke Box) (Re), 2007 CanLII 21301

In the Matter of: DOWNTOWN ECHO KARAOKE BOX 280 Spadina Avenue Second Floor, Unit K Toronto, Ontario M5T 3A5

Licensee: 1577137 Ontario Inc. Licence Number: 810692

Notice of Proposal: To SUSPEND a licence Dated August 31, 2006

Amended Notice of Proposal: To SUSPEND a licence Dated October 10, 2006

The Proposal alleges that:

(a) A condition on the liquor licence requires the management and staff to complete a Commission-approved server training course. As of the date of the Notice of Proposal, the course had not been taken.

(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.

(c) Contrary to subsection 35(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that light meals were available for sale to patrons on the licensed premises.

(d) Contrary to subsection 54(1)(a) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to retain the record of the purchases of food and liquor for the licensed premises.

(e) Contrary to subsection 54(1)(b) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to retain records of the sale of food and liquor for the licensed premises.

(f) Contrary to subsection 44(1) of Ontario Regulation 719/90 under the Liquor Licence Act the licence holder failed to ensure that no person was allowed to enter behind the bar of the licensed premises while liquor was being sold or served.

(g) 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.

(h) 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.

Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, 3rd Floor Toronto, Ontario M2N 0A4 April 27, 2007

Presiding Board Members: Eleanor Meslin, Member Allan Higdon, Member

Appearances: Brad Alton, Representative of the Registrar David Winer, 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 April 27, 2007, pursuant to a Notice of Proposal dated August 31, 2006 and Amended Notice of Proposal dated October 10, 2006 to suspend the liquor licence issued to 1577137 Ontario Inc. for premises operating as DOWNTOWN ECHO KARAOKE BOX, 280 Spadina Avenue, Second Floor, Unit K, Toronto, Ontario, M5T 3A5, licence number 810692;

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 Mr. Alton and Mr. Winer, 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 February 22, 2006, an inspection found a drunken patron in the licensed premises.
An inspection on February 22, 2006 and March 28, 2006, found that the Licence Holder had failed to retain the receipts for the purchase of liquor in the licensed premises.
On March 28, 2006, an inspection found that an unauthorized person entered behind the liquor service bar and served two customers.

AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsections 44(1), 45(1) and 54(1)(a) 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 August 31, 2006 and Amended Notice of Proposal dated October 10, 2006;

THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1577137 Ontario Inc. for premises operating as DOWNTOWN ECHO KARAOKE BOX, 280 Spadina Avenue, Second Floor, Unit K, Toronto, Ontario, M5T 3A5, licence number 810692, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on June 4, 2007 and CONTINUE until 2:00 a.m. on June 16, 2007.

DATED AT TORONTO THIS 15TH DAY OF MAY 2007.

ALLAN HIGDON, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER

AH/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 1577137 ONTARIO INC. OPERATING AS DOWNTOWN ECHO KARAOKE BOX, 280 SPADINA AVENUE, 2ND FLOOR, UNIT K, TORONTO LICENCE NUMBER 810692 NOTICE OF PROPOSAL NUMBER 14505

AGREED STATEMENT OF FACTS

On February 22, 2006, an inspection found a drunken patron 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.
An inspection on February 22, 2006 and March 28, 2006, found that the Licence Holder had failed to retain the receipts for the purchase of liquor in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 54(1)(a) of Ontario Regulation 719/90 under the Liquor Licence Act.
On March 28, 2006, an inspection found that an unauthorized person entered behind the liquor service bar and served two customers.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 44(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The Licensee has no prior adverse record with the Commission.

IN THE MATTER OF THE LIQUOR LICENCE ACT

R.S.O. 1990, c. L.19, s. 15(1) AND 21(1)

Joint Submission Regarding 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, is appropriate in these circumstances:

There shall be a TWELVE (12) day suspension of liquor licence #810692 to be served consecutively within NINETY (90) days of today's date, on dates to be provided, in writing, to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of the date of acceptance by the Board.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar's Counsel will withdraw the remaining allegation(s) in the Notice of Proposal and amended Notice of Proposal.

Dated this 26 day of April, 2007

David Winer Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO

Man Qing (Karen) Li Licence Holder "I have authority to bind the corporate licensee"