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-
Lot 332 Inc. O/A Lot 332
Licensee
DECISION
Panel: David C. Gavsie, Chair Patricia McQuaid, Vice-Chair
Decision Date: June 25, 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 Lot 332 Inc., Licensee ) Randall Barrs, Representative
A hearing into a Notice of Proposal dated March 7, 2007 and a Supplementary Notice of Proposal dated May 7, 2007 to suspend liquor licence number 810901 issued to Lot 332 Inc. and operating as Lot 332, 332 Richmond St. W., Toronto, Ontario, M5V 1X2 on the basis of alleged violations of subsections 45(1) and 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), and a Notice of Proposal dated April 4, 2007 and a Supplementary Notice of Proposal dated May 7, 2007 to refuse to transfer the licence on the basis of alleged violations of subsections 6(2)(d) and 6(2)(f) of the LLA and subsections 45 (1) and 45(2) of the O. Reg was held on June 22, 2007 in the City of Toronto.
Bryna Kaplan, 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:
Drunken patrons were in the licensed premises on February 11, 2007 and March 3 and 10, 2007.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations in the Notices of Proposal to suspend a licence dated March 7, 2007 and May 7, 2007 and further, accepted the withdrawal of the Notices of Proposal to refuse to transfer the licence dated April 4, 2007 and May 7, 2007.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Lot 332 Inc. and operating as Lot 332, 332 Richmond St. W., Toronto, Ontario, M5V 1X2 licence number 810901, be suspended for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on September 4, 2007, and CONTINUE until 2:00 a.m. on September 18, 2007.
DATED AT TORONTO THIS 25 DAY OF JUNE 2007.
PATRICIA MCQUAID, VICE-CHAIR DAVID C. GAVSIE, CHAIR
PM/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF LOT 332 INC., OPERATING AS LOT 332, 332 RICHMOND STREET WEST, TORONTO LICENCE NO. 810901
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 March 7, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated May 7, 2007:
Drunken patrons were in the licensed premises on February 11, 2007 and March 3 and 10, 2007.
Based upon the above-admitted facts, the licence holder admits to violations of subsection 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee has served a 13-day suspension in January, 2006 and a 28-day suspension in July 2006;
The Licensee, through its Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A fourteen (14) day suspension of liquor licence number 810901 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, dates shall be imposed by the Board without further consultation with the Licensee.
Should the Board made 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 and withdraw the Notice of Proposal to Refuse to transfer the Licence dated April 4, 2007 and the Supplementary Notice of Proposal thereto, dated May 7, 2007.
Respectfully submitted this 19 day of June, 2007.
J. Randall Barrs Bryna Kaplan Counsel for the Licence Holder Counsel for the Registrar, AGCO
Domenic Giuseppe Raimondo For the Corporate Licence Holder “I have the authority to bind the Corporation”