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-
Penthouse Restaurant and Tavern Inc. O/A Penthouse Restaurant and Tavern
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Beryl Ford, Member
Decision Date: July 17, 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 ) Joyce Taylor, Representative Penthouse Restaurant and Tavern Inc., Licensee ) Louis Rajnauth, Representative
A hearing into a Notice of Proposal dated March 14, 2007 to suspend liquor licence number 20063 issued to Penthouse Restaurant and Tavern Inc. and operating as Penthouse Restaurant and Tavern, 1628 Jane Street, Toronto, Ontario, M9N 2R9 on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (LLA) and subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, a Supplementary Notice of Proposal dated May 10, 2007 to suspend the Licence on the basis of alleged violations of sections 29 and 33(1) and subsection 31(1) of the O. Reg and a Notice of Proposal dated May 23, 2007 to refuse to remove conditions on the basis of allegations under subsection 6(2)(d) of the LLA was held on June 28, 2007 in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and Louis Rajnauth, 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 6, 2006 police officers visited the licensed premises and found that two patrons had been permitted in the establishment while showing signs of drunkenness.
(ii) On January 6, 2007, police officers visited the licensed premises at approximately 2:55 a.m. and found that the signs of service and consumption of liquor had not all been cleared.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 29 and 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Registrar’s Representative submitted further that there has been a change of circumstances because the ownership of the licensed premises has changed. Also, the original conditions were imposed as a result of a hearing involving the public. The request to remove 2 conditions was advertised and a placard posted at the premises and no public objections were received. The Registrar’s concern was because of the disciplinary matters which are addressed through the agreement of parties. The officers present from 12 Division of the Toronto Police Services had no objections to the proposed modification to the conditions.
The Board accepted the Exhibits and the submissions made.
The following conditions will be removed from the licence:
(i) There shall be no dance floor
(ii) There shall be no live music and no DJ booth.
- The following modified conditions will be placed on the licence:
(i) There shall be no permanent dance floor, no permanent area for live music and no permanent DJ booth in the establishment. The licensee may set up a temporary dance floor, a temporary area for live music and /or a temporary DJ booth for a maximum of twelve (12) dates in each calendar year, which shall be for special occasions only.
(ii) The licensee shall provide separate advance notice, in writing, for each date when the licensee intends to have any one or more of a dance floor, live music or a DJ at the establishment. The advance written notice shall be provided to both the Liquor Enforcement Section of the Alcohol and Gaming Commission of Ontario and to the Staff Sergeant of the Community Response Unit for 12 Division of the Toronto Police Service at least fourteen (14) days in advance of each of the dates as described above.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Penthouse Restaurant and Tavern Inc. and operating as Penthouse Restaurant and Tavern, 1628 Jane Street, Toronto, Ontario, M9N 2R9, licence number 20063 be suspended for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on August 8, 2007, and CONTINUE until 2:00 a.m. on August 22, 2007.
Further, the Board ORDERS existing conditions set out in paragraph 6 above, REMOVED and REPLACED with the modified conditions on licence, set out in paragraph 7, above.
DATED AT TORONTO THIS 17th DAY OF July 2007.
KIRSTI HUNT, VICE-CHAIR BERYL FORD, MEMBER
KH/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF PENTHOUSE RESTAURANT AND TAVERN INC. OPERATING AS
PENTHOUSE RESTAURANT AND TAVERN,
1628 JANE STREET, TORONTO,
LICENCE NO. 20063
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notices of Proposal to Suspend a Licence, dated March 14, 2007 and May 10, 2007 and the Notice of Proposal to Refuse to Remove Conditions, dated May 23, 2007:
On October 6, 2006 police officers visited the licensed premises and found that two patrons had been permitted in the establishment while showing signs of drunkenness.
On January 6, 2007, police officers visited the licensed premises at approximately 2:55 a.m. and found that the signs of service and consumption of liquor had not all been cleared.
Based on the above-mentioned facts, the licensee admits to having breached sections 29 and 45(1) of Ontario Regulation 719/90.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee has been previously suspended for 10 days for having permitted drunkenness and breaching a condition of the licence in August 2005,
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
A. There shall be a fourteen (14) day suspension of liquor licence 20063 to be served on dates to be provided in writing to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave., E., Suite 300, Toronto, ON, M2N 0A4, fax (416-326-5566, within seven (7) days of today’s date, failing which the dates shall be set by the Board without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification, and must be completed within ninety (90) days of the hearing date.
B. Conditions 2 and 3, as set out in Notice of Proposal 15247 dated May 23, 2007, shall be modified as follows.
(2) There shall be no permanent dance floor, no permanent area for live music and no permanent DJ booth in the establishment. The licensee may set up a temporary dance floor, a temporary area for live music and /or a temporary DJ booth for a maximum of twelve (12) dates in each calendar year, which shall be for special occasions only.
(3) The licensee shall provide separate advance notice, in writing, for each date when the licensee intends to have any one or more of a dance floor, live music or a DJ at the establishment. The advance written notice shall be provided to both the Liquor Enforcement Section of the Alcohol and Gaming Commission of Ontario and to the Staff Sergeant of the Community Response Unit for 12 Division of the Toronto Police Service at least fourteen (14) days in advance of each of the dates as described above.
C. Should the Board accept the Agreed Statement of Facts and order the sanction set out in this Joint Submission on Disposition, the Registrar shall withdraw al remaining allegations set out in the Notice of Proposal to Suspend a Licence, dated March 14, 2007 and May 10, 2007 and the Notice of Proposal to Refuse to Remove Conditions, dated May 23, 2007.
Respectfully submitted this 28th day of June, 2007.
PENTHOUSE RESTAURANT AND TAVERN INC.
Sandra Rajpattie Oodit Joyce A. Taylor
“I have the authority to bind the Corporation.” Counsel for the Registrar
Louis Rajnauth
Counsel for the Licensee