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-
1626334 Ontario Inc. O/A Renegades Licensee
DECISION
Panel: Allan Higdon, Member Beryl Ford, Member
Decision Date: June 12, 2007
Hearing Location: Toronto, Ontario
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
1626334 Ontario Inc, Licensee ) Lourdes Mahilrajah, on behalf of the ) Corporate Licensee
[1]. A hearing into a Notice of Proposal dated March 20, 2007 to suspend liquor licence number 91068 (the Licence) operating as Renegades, 1752 Victoria Park Avenue, Toronto, Ontario, M1R 1R4, on the basis of alleged violations of section 33(1) and subsections 45(1) and 31(1)(c) of Ontario Regulation 719/90 (O. Reg) made pursuant to the Liquor Licence Act (LLA), was held on May 18, 2007, in the City of Toronto.
[2]. Lourdes Mahilrajah is a director of the Corporate Licensee. She appeared on behalf of the Corporation and waived its right to be represented by a barrister and solicitor.
[3]. Sujin Chan, Registrar’s Representative, and the Licensee submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which forms part of this decision. It was agreed and admitted that:
On December 21, 2006, four drunken patrons were in the licensed premises. Liquor purchased off licence worth $454.45 was sold in the licensed premises.
[4]. Based on the Agreed Statement of Facts, the Board the Board found the Licensee breached section 33(1), subsections 45(1) and 31(1)(c) of the O. Reg.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1626334 Ontario Inc. for premises operating as Renegades, 1752 Victoria Park Avenue, Toronto, Ontario, M1R 1R4, licence number 91068, be SUSPENDED for twenty-five (25) consecutive days to COMMENCE at 11:00 a.m. on July 16, 2007, and CONTINUE until 2:00 a.m. on August 10, 2007.
DATED AT TORONTO THIS 12th DAY OF JUNE, 2007.
ALLAN HIGDON, BOARD MEMBER BERYL FORD, BOARD MEMBER
AH/rb
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF
1626334 ONTARIO INC. OPERATING AS RENEGADES, 1752 VICTORIA PARK AVENUE, NORTH YORK, TORONTO LICENCE NUMBER 91068
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declines that right and agreed to proceed without legal counsel; and Registrar’s Agent agree to the following:
On December 21, 2006, four drunken patrons were in the licensed premises. Liquor purchased off licence worth $454.45 was sold in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) [permitting drunkenness], subsection 31(1)(c) [sale of off-licence liquor] and subsection 33(1) [off-licence liquor on premises] of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has previously served an eighteen (18) day suspension in 2006 and a thirty day (30) suspension in 2005 for permitting drunkenness.
The licensee has exhibited remorse and taken measure to address these issues.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declines that right and agreed to proceed without legal counsel; and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A twenty-five (25) day suspension of the liquor licence.
Dated at Toronto this 18th day of May, 2007.
Lourdes Thambiaiah Mahlrajah Sujin Chan
For the licence holder Agent for the Registrar of the AGCO
“I have authority to bind the corporation”