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-
161799 Ontario Inc. O/A Smile Club
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Bruce Monteith, Member
Decision Date: May 23, 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 ) Richard Kulis, Representative
1617999 Ontario Inc., Licensee ) Doug Brown, Representative
[1]. A hearing into a Notice of Proposal dated January 29, 2007 to suspend liquor license number 200933 issued to 1617999 Ontario Inc. and operating as SMILE CLUB, 4000 Steeles Avenue West, Unit 22, City of Vaughan, Woodbridge, Ontario, L4L 4V9, on the basis of alleged violations of section 29 and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 15, 2007 in the City of Toronto.
[2]. Richard Kulis, Registrar’s Representative, and Doug Brown, Licensee’s Representative 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:
On October 7, 2006 at 3:05 a.m. the signs of service and consumption of liquor were not cleared from the licensed premises. Further, on October 28, 2006 and November 4, 2006, drunken patrons were in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 45(1) of O.Reg.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1617999 Ontario Inc. and operating as SMILE CLUB, 4000 Steeles Avenue West, Unit 22, City of Vaughan, Woodbridge, Ontario, L4L 4V9, licence number 20093, be suspended for TWENTY-EIGHT (28) consecutive days to COMMENCE at 11:00 a.m. on September 1, 2007 and CONTINUE until 2:00 a.m. on September 29, 2007.
DATED AT TORONTO THIS 23rd DAY OF MAY, 2007.
PATRICIA MCQUAID, VICE-CHAIR BRUCE MONTEITH, BOARD MEMBER
Attached.
PM/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
AGREED STATEMENT OF FACTS
A. Independent Legal Advice
The Licence holder acknowledges that the Licence Holder has consulted with legal counsel and obtained independent legal advice prior to entering into this agreement.
B. Agreed Facts
The Licence Holder and the Registrar’s representative agree to the following:
On October 7, 2006 at 3:05 a.m. the signs of service and consumption of liquor were not cleared from the licensed premises. Further on October 28, 2006 and November 4, 2006 drunken patrons were in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of section 29 (fail to clear) and subsection 45(1) (permit drunkenness) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior 21 day suspension served in 2006.
C. Joint Submission Regarding Disciplinary Action
The Licence Holder and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
- A twenty eight (28) day suspension of the liquor licence.
Dated in Toronto this 15th day of May, 2007
For the licence holder Richard E. Kulis, for the Registrar
Of the AGCO