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-
Club Menage Inc. O/A Menage
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: July 30, 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 ) Phillip Morris, Representative
Club Menage Inc., Licensee ) John G. Wilson, on behalf of the Corporation
[1]. A teleconference hearing into a Notice of Proposal dated January 23, 2007 to suspend liquor licence number 808599 (the Licence) issued to Club Menage Inc. operating as Menage, 333 King St. W., Second Floor, Toronto, Ontario, M5V 1J5, on the basis of alleged violations of section 43 and subsections 45(1) and 20(1) of Ontario Regulation 719/90 (O.Reg) made pursuant to the LLA, and Supplementary Notices of Proposal dated March 22, 2007, April 12, 2007, May 7, 2007 and June 28, 2007 to suspend the Licence was held on July 30, 2007 in the City of Toronto.
[2]. John G. Wilson is the Representative of the Licensee. He appeared on behalf of the Corporation and advised that the Licensee had waived the right to be represented by a barrister and solicitor.
[3]. Phillip Morris, Registrar’s Representative, and John Wilson, 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:
i) On October 4, 2006, there were approximately 247 people in an area licensed for 210 people. Two drunken patrons were in the licensed premises.
ii) On November 1, 2006, there were approximately 249 people in an area licensed for 210 people.
iii) On November 9, 2006, there were approximately 376 people in premises licensed for 345 people.
iv) On January 7, 2007, drunken patrons were in the licensed premises.
v) On February 21, 2007, there were approximately 333 people in an area licensed for 210 people.
vi) On April 5, 2007, there were approximately 248 people in an area licensed for 210 people.
[4]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 45(1) of O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Club Menage Inc. operating as Menage, 333 King St. W., Second Floor, Toronto, Ontario, M5V 1J5, licence number 808599, be SUSPENDED for THIRTY-FIVE (35) consecutive days to COMMENCE at 11:00 a.m. on September 20, 2007, and CONTINUE until 2:00 a.m. on October 25, 2007.
DATED AT TORONTO THIS 30th DAY OF JULY 2007.
DAVID C. GAVSIE, CHAIR
Attached
DCG/mw
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF CLUB MENAGE INC. OPERATING AS CLUB MENAGE, 333 KING STREET WEST, SECOND FLOOR, TORONTO, LICENCE NO. 808599
AND IN THE MATTER OF NOTICE OF PROPOSAL NUMBER 14870, 15030, 15119, 15179 & 15393
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent, and the Registrar agree to the following facts:
On October 4, 2006, there were approximately 247 people in an area licensed for 210 people. Two drunken patrons were in the licensed premises.
On November 1, 2006, there were approximately 249 people in an area licensed for 210 people.
On November 9, 2006, there were approximately 376 people in premises licensed for 345 people.
On January 7, 2007, drunken patrons were in the licensed premises.
On February 21, 2007, there were approximately 333 people in an area licensed for 210 people.
On April 5, 2007, there were approximately 248 people in an area licensed for 210 people.
Based on the facts in paragraph 1-6, the licence holder breached section 43 and 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder was previously suspended for 5 days in 2005, and 16 days in 2007 for similar breaches.
The licensee has shown remorse and co-operated with the Commission.
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 and general deterrence:
The Board shall suspend licence no. 808599 for a period of 35 days commencing at 11:00 a.m. on September 20, 2007 and ending at 2:00 a.m. on October 25, 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 27^TH^ DAY OF JULY, 2007.
RESPECTFULLY SUBMITTED,
Yigal Bensadoun Phillip Morris
For licensee Registrar’s Counsel```