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-
1490675 Ontario Ltd. O/A Republik Nightclub
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: August 2, 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 ) Richard Kulis, Representative 1490675 Ontario Ltd., Licensee ) Randall Barrs, Representative
1A teleconference hearing into a Notice of Proposal dated December 11, 2006 to suspend liquor license number 810853 issued to 1490675 Ontario Ltd. operating as Republik Nightclub, 261 Richmond Street West, Toronto, M5V 3M6 on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (LLA) and subsections 45(2) and 34(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, and Supplementary Notices of Proposal dated February 19, June 4, and August 2, 2007 to revoke the Licence on the basis of alleged violations of subsection 45(1) of the O. Reg was held on August in the City of Toronto.
2Richard Kulis, Registrar’s Representative, and Randall Barrs, 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 August 13, 2006, patrons had cocaine in premises under the control of the licence holder. On June 24, 2007 and July 29, 2007, a manager of the licensed premises sold cocaine in the licensed premises to undercover police officers. This manager and another employee were immediately fired by the licence holder.
ii) On March 10 and 31, 2007 drunken patrons were in the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 45(1) and 45(2) of O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to 1490675 Ontario Ltd. operating as Republik Nightclub, 261 Richmond Street West, Toronto, M5V 3M6, licence number 810853, be suspended for FORTY FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on August 2, 2007, and CONTINUE until 2:00 a.m. on September 16, 2007.
DATED AT TORONTO THIS 2nd DAY OF AUGUST 2007.
DAVID C. GAVSIE, CHAIR
DCG/mw
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1490675 ONTARIO LTD. OPERATING AS REPUBLIK NIGHTCLUB, 261 RICHMOND STREET WEST, TORONTO
LICENCE NUMBER 810853
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar’s representative agree to the following:
On August 13, 2006, patrons had cocaine in premises under the control of the licence holder. On June 24, 2007 and July 29, 2007, a manager of the licensed premises sold cocaine in the licensed premises to undercover police officers. This manager and another employee were immediately fired by the licence holder.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
On March 10 and 31, 2007 drunken patrons were in the licensed premises.
Based on the facts in paragraph 3, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
5The licence holder has a prior seventeen (17) day suspension in 2006.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A forty-five (45) day suspension of the liquor licence to start at 11:00 a.m. on Thursday, August 2, 2007 until 2:00 a.m. on Sunday, September 16, 2007.
Should the Board members make the findings as presented and impose the disciplinary action recommended, Registrar’s Representative will withdraw the remaining allegations in the Notice of Proposal of December 11, 2006 as well as the Supplementary Notices of Proposal of February 19, 2007, June 4, 2007 and August 2, 2007.
Dated in Toronto this 2nd day of August, 2007.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO