Registrar, Alcohol and Gaming Commission Ontario v. 1489445 Ontario Inc., 2007 CanLII 26968

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-

1489445 Ontario Inc. O/A Chocolate Licensee

DECISION

Panel: Guy Maurice, Member Decision Date: July 4, 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.gov.on.ca

Appearances

Registrar, Alcohol and Gaming Commission ) Bryna Kaplan, Representative 1489445 Ontario Inc., Licensee ) Adam Vassos, Representative

A teleconference hearing into a Notice of Proposal dated January 18, 2006 to suspend liquor licence number 809483 issued to 1489445 Ontario Inc. and operating as Chocolate, 220 Richmond Street West, Second Floor, Toronto, Ontario, M5V 1V6 on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and section 43 and 46, and subsections 45(1), 45(2) and 34(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, and a Supplementary Notices of Proposal dated February 21, 2006 to suspend the Licence was held on June 26, 2007 in the City of Toronto.
Bryna Kaplan, Registrar’s Representative, and Adam Vassos, Licensee’s Representative submitted an Agreed Statement of Facts (Exhibit #1), a Joint Submission on Disposition (Exhibit #2) and an Appendix “A” which form part of this decision. It was agreed and admitted that:

(i) On September 24, 2005 and October 1, 2005, there were more than 142 people in an area licensed for 142 people.

(ii) On October 1, 2005, drunken patrons were found in the licensed premises.

Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 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 1489445 Ontario Inc. and operating as Chocolate, 220 Richmond Street West, Second Floor, Toronto, Ontario, M5V 1V6, licence number 809483, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on September 17, 2007 and CONTINUE until 2:00 a.m. on October 4, 2007.
Further, the Board ORDERS the following conditions be imposed on the liquor licence:

a) At all times while the premises are open to patrons and for at least one hour after the premises are closed to patrons, the premises shall be staffed with at least one visibly identifiable security person for every 100 patrons on the premises.

b) At all times while the premises are open the Licensee shall ensure that there are clearly visible and functioning security cameras at every exit and entrance and in every public space.

c) The Licensee shall retain all digital records from the security cameras for a minimum of 30 days.

d) The Licensee shall provide the name and contact information of the Head of Security and the General Manager of the premises to the City of Toronto Police, 52 Division, Plain Clothes Unit.

e) One of the persons named in clause (d) shall be on the premises at all times when the premises are open to patrons.

f) The Licensee shall ensure that every entrance to the premises is staffed with at least one security person equipped with a metal detector.

g) The Licensee shall submit a Noise Control Plan to the City of Toronto which shall include the maximum levels for music within the premises, and ensure that the windows are closed during all hours of operation, at such time as the City requires the submission such Plan in order for the establishment to obtain a Business License.

h) The Licensee shall use and allow a line queue, for people waiting to enter the premises. A barrier or rope separator shall be used to clearly distinguish the area to be used for queuing from the remainder of the sidewalk which shall be maintained free and clear for passing pedestrians.

i) The Licensee shall submit a Litter Control Plan to the City of Toronto which shall ensure that all areas immediately adjacent to the premises are clean and free of litter, refuse and other debris and shall in stall and maintain containers for the deposit of litter, refuse and other debris, at such time as the City requires the submission of such plan in order for the establishment to obtain a Business License.

j) The Licensee shall operate in accordance with the Noise, Litter Control Plans at all times.

k) All managers, employees and security staff working at the premises must successfully complete a Commission approved server training within ninety (90) days of the start of employment at the premises.

l) The Licensee shall ensure that high intensity lighting is mounted across the full width of the rear of the premises using directional light fixtures that fully light the laneway while not shining into windows of surrounding structures. The licensee shall ensure that these lights are fully operational turned on from the time of opening until two hours after closing.

m) The Licensee will manage his facility and any outdoor areas in accordance with the prevailing City Noise Control By-Laws.

DATED AT TORONTO THIS 4th DAY OF JULY 2007.

GUY MAURICE, MEMBER

GM/mw

Attached.

IN THE MATTER OF THE LIQUOR LICENCE ACT

R.S.O. 1990,c.L.19,s.

AND IN THE MATTER OF THE LIQUOR LICENCE OF 1489445 ONTARIO INC., OPERATING AS CHOCOLATE, 220 RICHMOND ST. W., SECOND FLOOR, TORONTO LICENCE NO. 809483

AGREED STATEMENT OF FACTS

The Licensee, through its Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated January 18, 2006 and the Supplementary Notice of Proposal to Suspend the Licence dated February 21, 2006:

On September 24, 2005 and October 1, 2005, there were more than 142 people in an area licensed for 142 people.
On October 1, 2005, drunken patrons were found in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violations of section 43 and 45 (1) of Revised Regulation 719/90 under the Liquor Licence Act.

JOINT SUBMISSION ON DISPOSITION

Whereas the licensee has shown remorse and cooperated with the Commission and has previously served a 12 day suspension in October 2003 and a 14-day suspension in January 2005;

The Licensee, through its Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:

There shall be a SEVENTEEN (17) day suspension of liquor licence number 809483 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.
The conditions as set out in “Appendix A” and attached hereto shall be imposed on the liquor licence effective immediately;
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.

APPENDIX “A”

The following conditions shall be imposed on liquor licence number 809483, issued to 149445 ONTARIO INC., Operating as CHOCOLATE, 220 Richmond St. W., Second Floor, Toronto.