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-
1531357 Ontario Inc. O/A Octapus Lounge Licensee
DECISION
Panel: Eleanor Meslin, Member Patricia McQuaid, Vice Chair
Decision Date: June 21, 2007 Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative 1531357 Ontario Inc., Licensee ) David Winer, Representative
A hearing into a Notice of Proposal dated February 7, 2007, to suspend the liquor licence issued to 1531357 Ontario Inc., for premises operating as Octapus Lounge, 293 Palmerston Avenue, Toronto, Ontario, M6J 2J3, licence number 810749 (the Licence) on the basis of an alleged violation of section 43 of Ontario Revised Regulation 719/90 (O. Reg.) made pursuant to the Liquor Licence Act (LLA) was held on June 15, 2007, in the City of Toronto.
Phillip Morris, Registrar’s Representative, and David Winer, 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:
On November 5, 2006, there were 102 persons in premises licensed for 51.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 of the O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1531357 Ontario Inc., for premises operating as Octapus Lounge, 293 Palmerston Avenue, Toronto, Ontario, M6J 2J3, licence number 810749, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on September 5, 2007, and CONTINUE until 2:00 a.m. on September 15, 2007.
DATED AT TORONTO THIS 21^st^ DAY OF JUNE, 2007.
ELEANOR MESLIN, BOARD MEMBER PATRICIA MCQUAID, VICE CHAIR
EM/rb
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 1531357 ONTARIO INC., OPERATING AS OCTAPUS LOUNGE, 293 PALMERSTON AVENUE, TORONTO, LICENCE NUMBER 810749
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED FEBRUARY 7, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
- On November 5, 2006, there were 102 persons in premises licensed for 51 persons.
- Based on paragraph 1, the licensee breached s. 43 of Ont. Reg. 719/90.
- The licensee has shown remorse and co-operated with the Commission.
- The licensee was previously suspended in 2006 for 7 days for the same breach. The licence capacity has since been increased.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 810749 for a period of 10 days commencing at 11:00 a.m. on September 5, 2007 and ending at 2:00 a.m. on September 15, 2007.
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.
DATED AT TORONTO THIS 15^TH^ DAY OF JUNE, 2007.
RESPECTFULLY SUBMITTED,
Dwight Hendrickson Phillip Morris For licensee Registrar’s Counsel