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-
Real Love Inc. O/A K-One
Licensee
DECISION
Panel: Guy Maurice , Board Member
Decision Date: July 5, 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 ) Phillip Morris, Representative
Real Love Inc., Licensee ) Fred Di Bellow, Representative
A hearing into a Notice of Proposal (“NOP”) dated May 29, 2007 to suspend a licence and to add a condition to liquor license number 21434 issued to Real Love Inc. and operating as K-ONE, 8375 Woodbine Avenue, Markham, Ontario, L3R 2P4 on the basis of alleged violations of subsections 16(2), 30(4) and 45(2) of the Liquor Licence Act (“LLA”) and subsections 20(1), 29 and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”), including a breach of a condition on the licence, made pursuant to the LLA, was held on June 22, 2007 in the City of Toronto.
Phillip Morris and Fred Di Bello 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 December 17, 2006, there were several intoxicated minors who had consumed liquor in the licensed premises despite a condition on the licence prohibiting minors in the licensed premises. Police officers were refused entry into the premises. On February 18, 2007, there were two drunken patrons passed out in the licensed premises. Patrons were consuming liquor at 3:03 a.m.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 30(4) and 45(2) of the LLA and section 29 and subsection 45(1) of O.Reg including a breach of a condition on the licence which states, “No person under the age of 19 years shall be permitted inside the licensed premises at any time.”
The Registrar will not proceed with the allegation of April 6, 2007 (fail to clear). The Board accepted the withdrawal of the remaining allegations contained in the NOP.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Real Love Inc. and operating as K-ONE, 8375 Woodbine Avenue, Markham, Ontario, L3R 2P4, licence number 21434, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on August 26, 2007 and CONTINUE until 2:00 a.m. on September 16, 2007.
DATED AT TORONTO THIS 5th DAY OF JULY, 2007.
GUY MAURICE, BOARD MEMBER
Attached.
GM/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 LIQURO LICENCE OF REAL
LOVE INC. OPERATING AS D-ONE, 8375 WOODBINE AVE.,
MARKHAM
LICENCE NO. 21434
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
MAY 29, 2007
AGREED STATEMENT OF FACTS
On December 17, 2006, there were several intoxicated minors who had consumed liquor in the incensed premises despite a condition on the licence prohibiting minors in the licensed premises. Police officers were refused entry into the premises. On February 18, 2007, there were two drunken patrons passed out in the licensed premises. Patrons were consuming liquor at 3:03 a.m.
Based on paragraph 1, the licensee breached s.30(4) and 45(2) of the Liquor Licence Act and s.29 and 45(1) of Ont. Reg. 719/90 as well as the “no minors” condition on the licence.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with an agent, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific record and general deterrence.
The Board shall suspend licence no. 21434 for a period of 21 days.
The Board having accepted the Agreed statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal and will not proceed with the allegation of April 6, 2007 (fail to clear).
DATED AT TORONTO THIS 22ND DAY OF JUNE, 2007.
REPECTFULLY SUBMITED
Fred Di Bellow Phillip Morris
Agent for Registrar’s Counsel
licensee