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-
1646292 Ontario Inc. O/A Lotus Resto Bar-Lounge Licensee
DECISION
Panel: David C. Gavsie, Chair Alex McCauley, Member
Decision Date: June 13, 2007 Hearing Location: Windsor, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Brad Alton, Representative 1646292 Ontario Inc., Licensee ) Joseph Barile, Representative
A hearing into a Notice of Proposal dated December 14, 2006, to suspend and add a condition to liquor licence number 20762 issued to 1646292 Ontario Inc. and operating as Lotus Resto Bar-Lounge, 358 Ouellette Avenue, Windsor, Ontario, N9A 4J1, on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and subsections 25(1), 45(1) and 34(1) of Ontario Revised Regulation 719/90 (O. Reg.) made pursuant to the LLA, was held on May 23, 2007, in the City of Windsor.
Brad Alton, Registrar’s Representative, and Joseph Barile, 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 June 24, 2006, and August 4, 2006, drunken patrons were in the licensed establishment.
b) On August 4, 2006, a drunken patron was served liquor despite his intoxicated condition.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and subsection 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations, including an early closing condition.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1646292 Ontario Inc. and operating as Lotus Resto Bar-Lounge, 358 Ouellette Avenue, Windsor, Ontario, N9A 4J1, licence number 20762, be suspended for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on August 5, 2007, and CONTINUE until 2:00 a.m. on August 17, 2007.
DATED AT TORONTO THIS 13th DAY OF JUNE, 2007.
DAVID C. GAVSIE, CHAIR ALEX MCCAULEY, BOARD MEMBER
DCG/rb
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1646292 ONTARIO INC., OPERATING AS LOTUS RESTO BAR-LOUNGE, 358 OUELETTE AVENUE, WINDSOR LICENCE NUMBER 0020762 NOTICE OF PROPOSAL NUMBER 14714
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel and Registrar’s counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence and Add a Condition to the Licence dated December 14, 2006:
On June 24, 2006 and August 04, 2006, drunken patrons were in the licensed premises.
Based on the facts in paragraph 1, the Licence Holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On August 04, 2006, a drunken patron was served liquor despite his intoxicated condition.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of section 29 of the Liquor Licence Act.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1646292 ONTARIO INC., OPERATING AS LOTUS RESTO BAR-LOUNGE, 358 OUELETTE AVENUE, WINDSOR LICENCE NUMBER 0020762 NOTICE OF PROPOSAL NUMBER 14714
Joint Submission Regarding Disposition
The Licence Holder, having consulted legal counsel and Registrar’s Counsel submit that the following disposition with respect to the Notice of Proposal of Suspend a Licence and Add a Condition to the Licence dated December 14, 2006, is appropriate in these circumstances:
There shall be a TWELVE (12) day suspension of liquor licence #20762 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing to the Manager of Hearings within SEVEN (7) days of the date this Joint Submission is heard and approved by the Board, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 20 days of the date of acceptance by the Board.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar’s Counsel with withdraw the remaining allegations in the Notice of Proposal. This includes the withdrawal of the early closing condition.
Dated at Windsor this 23rd day of May, 2007.
Joseph Barile Counsel for the Licence Holder
Brad Alton, Counsel for the Registrar of the AGCO
“I have authority to bind the corporate licensee”