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-
1509475 Ontario Inc. O/A Hideout Lounge & Bar (The) Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Decision Date: July 3, 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 ) Joyce Taylor, Representative 1509475 Ontario Inc., Licensee ) Naresh Misir, Representative
A hearing into a Notice of Proposal dated April 16, 2007 to suspend liquor license number 22449 issued to 1509475 Ontario Inc. and operating as HIDEOUT LOUNGE & BAR (THE), 750 Oakdale Road, Unit 7, Toronto, Ontario, M3N 2Z4, on the basis of alleged violation of subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on June 29, 2007 in the City of Toronto.
As a preliminary matter the parties consented to Board Member Kirsti Hunt, proceeding with the hearing despite having conducted the pre-hearing conference.
Joyce Taylor and Naresh Misir 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 22, 2006, police officers visited the licensed premises and found that a fight had taken place in the licensed establishment, with two patrons hit with beer bottles.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1509475 Ontario Inc. and operating as HIDEOUT LOUNGE & BAR (THE), 750 Oakdale Road, Unit 7, Toronto, Ontario, M3N 2Z4, licence number 22449, be suspended for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on September 10, 2007 and CONTINUE until 2:00 a.m. on September 24, 2007.
DATED AT TORONTO THIS 23rd DAY OF JULY, 2007.
KIRSTI HUNT, VICE-CHAIR
Attached.
KH/sm
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 LINCECE OF
1509475 ONTARIO INC. OPERATING AS THE HIDEOUT LOUNGE & BAR 750 OAKDALE ROAD, UNIT 7 LICENCE NO. 22449
AGREED STATEMENT OF FACTS
The Licensee, who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a licence dated April 16, 2007.
On October 22, 2006, police officers visited the licensed premises and found that a fight had taken place in the licensed establishment, with two patrons hit with beer bottles.
Based on the above-mentioned facts, the licensee admits to having breached section 45(1) of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has been previously suspended for seven (7) days for failing to clear signs of service in August 2005.
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances.
There shall be a fourteen (14) day suspension of liquor licence number 22449, commencing at 11:00 a.m. on September 10, 2007 and continuing until September 24, 2007 at 2:00 a.m.
Should the Board accept the Agreed Statement of Fact and order the submission as set out in the Joint Submission on Disposition, the Registrar shall withdraw any remaining allegation set out in the Notice of Proposal to Suspend a Licence dated April 16, 2007.
Respectfully submitted this 29th day of June, 2007.
15009475 ONTARIO INC.
Pratisha Chinapen Joyce A. Taylor “I have authority to bind the Corporation.” Counsel for the Registrar
Naresh Misir Counsel for the Licensee