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-
814888 Ontario Inc. O/A Phoenix Theatre (The)
Licensee
DECISION
Panel: Brian J. Ford, Member Allan Higdon, Member
Decision Date: June 11, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative
814888 Ontario Inc., Licensee ) Flavio Battiston, Representative
A hearing into a Notice of Proposal dated January 29, 2007 to suspend liquor license number 22881 issued to 814888 Ontario Inc. and operating as PHOENIX THEATRE (THE), 410 Sherbourne Street, Toronto, Ontario, M4X 1K2 on the basis of alleged violations of section 29 of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 25, 2007 in the City of Toronto.
Bryna Kaplan and Flavio Battiston 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:
Drunken patrons were found in the licensed premises on October 25, 2006 and April 14, 2007.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 814888 Ontario Inc. and operating as PHOENIX THEATRE (THE), 410 Sherbourne Street, Toronto, Ontario, M4X 1K2, licence number 22881, be suspended for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on July 29, 2007 and CONTINUE until 2:00 a.m. on August 15, 2007.
DATED AT TORONTO THIS 11th DAY OF JUNE 2007.
ALLAN HIGDON, BOARD MEMBER BRIAN J. FORD, BOARD MEMBER
AH/sm
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
814888 ONTARIO INC.,
OPERATING AS PHOENIX THEATRE (THE),
410 SHERBOURNE STREET, TORONTO
LICENCE NO. 22881
AGREED STATEMENT OF FACTS
The Licensee, having consulted with Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence Dated January 29, 2007:
Drunken patrons were found in the licensed premises on October 25, 2006 and April 14, 2007.
Based upon the above-admitted facts, the licence holder admits to violations of subsections 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee has previously served a 14 day suspension [August 2006] for “overcrowding”;
The Licensee, having consulted with Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A seventeen (17) day suspension of liquor licence number 2281 to be served consecutively within ninety (90) days of today’s date, on dates to be provided to the Manager of Hearings within seven (7) days of today’s date, failing which the Board shall impose dates without further consultation with the Licence Holder.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegation contained in the Notice of Proposal dated January 29, 2007.
Respectfully submitted this 25 day of May, 2007,
Flavio Battiston Bryna Kaplan
Counsel for the Licence Holder Counsel for the Registrar, AGCO
Nick Di Donato
For the Corporate Licence Holder
“I have the authority to bind the Corporation”