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-
1677378 Ontario Inc. O/A Budo Liquid Theatre Licensee
DECISION
Panel: Dianne Axmith, Member Beryl Ford, Member
Decision Date: June 13, 2007
Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative 1677378 Ontario Inc., Licensee ) Randall Barrs, Representative
[1]. A hearing into a Notice of Proposal dated February 2, 2007, to suspend the liquor licence and add conditions to the licence issued to 1677378 Ontario Inc., for premises operating as Budo Liquid Theatre, 137 Peter Street, Toronto, Ontario, M5V 2H3, licence number 800196 (the Licence) on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and section 29 and subsections 20(1), and 45(1) of Ontario Revised Regulation 719/90 (the O. Reg.) made pursuant to the LLA, and a Supplementary Notice of Proposal dated May 10, 2007, to suspend the Licence on the basis of alleged violations of subsection 30(4) of the LLA and subsections 34(1) and 41(1) of the O. Reg, was held on June 12-13, 2007, in the City of Toronto.
[2]. Brad Alton, Registrar’s Representative, and Randall Barrs, 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:
a) On January 21, 2007, a male patron became intoxicated in the licensed premises and was removed for quarrelsome conduct. On that same date, the signs of the service and consumption of alcohol were not yet cleared from the premises at 2:53 a.m.
b) On January 31, 2007, two persons under the age of 19 years consumed liquor in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and section 29 and subsection 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1677378 Ontario Inc., for premises operating as Budo Liquid Theatre, 137 Peter Street, Toronto, Ontario, M5V 2H3, licence number 800196, be suspended for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on September 10, 2007, and CONTINUE until 2:00 a.m. on September 27, 2007.
Further, the Board ORDERS the following conditions be added to the licence:
The Licence Holder shall install video cameras with recording capabilities to record activities immediately to the inside of the premises at the main entrance and the side entrance and to the exterior of the premises at the main entrance and the side entrance. The cameras shall record these areas during all hours of operation and the recordings shall be retained for 20 days and be available to police officers or liquor licence inspectors upon their request.
All security staff shall have readily identifiable clothing during their entire shift identifying them as security and the security staff shall wear tags with their proper first names while on duty which can be readily seen and read by police officers or liquor licence inspectors.
The Head of security shall maintain a list of all security personnel which is to include their first and last names and their dates of birth, to be produced immediately to police officers and liquor inspectors upon their request.
All security staff shall have completed the “Safer Bars Programme” before starting their employment at the licensed premises or shall be employees of a Bonded Security Company.
DATED AT TORONTO THIS 13th DAY OF JUNE, 2007.
DIANNE AXMITH, BOARD MEMBER BERYL FORD, BOARD MEMBER
DA/rb
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1677378 ONTARIO INC. OPERATING AS BUDO LIQUID THEATRE, 137 PETER STREET, TORONTO LICENCE NO. 800196
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 and to Add Conditions to the licence dated February 2, 2007, and the Supplementary Notice of Proposal to Suspend a Licence dated May 10, 2007:
On January 21, 2007, a male patron became intoxicated in the licensed premises and was removed for quarrelsome conduct. On that same date, the signs of the service and consumption of alcohol were not yet cleared from the premises at 2:53 a.m.
On January 31, 2007, two persons under the age of 19 years consumed liquor in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violations of subsections 30(4) of the Liquor Licence Act and sections 29 and 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee served a five (5) day suspension in May 2006;
The Licensee, having consulted 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 800196 to be served consecutively, within ninety (90) days of today’s date, on dates to be provided to the Manger of Hearings within seven (7) days of today’s date, failing which the Board shall impose dates without further consultation with the Licence Holder.
The following conditions shall be imposed on the liquor licence:
(a) The Licence Holder shall install video cameras with recording capabilities to record activities immediately to the inside of the premises at the main entrance and the side entrance and to the exterior of the premises at the main entrance and the side entrance. The cameras shall record these areas during all hours of operation and the recordings shall be retained for 20 days and be available to police officers or liquor licence inspectors upon their request.
(b) All security staff shall have readily identifiable clothing during their entire shift identifying them as security and the security staff shall wear tags with their proper first names while on duty which can be readily seen and read by police officers or liquor licence inspectors.
(c) The Head of security shall maintain a list of all security personnel which is to include their first and last names and their dates of birth, to be produced immediately to police officers and liquor inspectors upon their request.
(d) All security staff shall have completed the “Safer Bars Programme” before starting their employment at the licensed premises or shall be employees of a Bonded Security Company.
- 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 allegations contained in the aforementioned Notices of Proposal.
Respectfully submitted this 13 day of June, 2007.
Randall J. Barrs Bryna Kaplan
Counsel to the Corporate Licence Holder Counsel to the Registrar, AGCO