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-
1520759 Ontario Inc. O/A After Life Night Club
Licensee
DECISION
Panel: Bruce Monteith, Member
Decision Date: September 19, 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 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative
1520759 Ontario Inc., Licensee ) Adam Vassos, Representative
1A hearing into Notice of Proposal number 15257 dated May 23, 2007 to suspend and add a condition to liquor licence number 801878 issued to 1520759 Ontario Inc., operating as After Life Nightclub, 250 Adelaide Street West, Toronto, Ontario, M5H 1X6 on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (LLA) and subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on September 11, 2007 in the City of Toronto.
2Richard Kulis, Registrar’s Representative, and Adam Vassos, 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 January 21, 2007 a minor consumed liquor in the licensed premises. A drunken patron was in the licensed premises on January 21, 2007 and on March 10, 2007.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the Liquor Licence Act (LLA) and subsection 45(1) of the O. Reg. The Board accepted the withdrawal of the request for a condition on the licence.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1520759 Ontario Inc., operating as After Life Nightclub, 250 Adelaide Street West, Toronto, Ontario, M5H 1X6, licence number 801878, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on September 24, 2007, and CONTINUE until 2:00 a.m. on October 11, 2007.
DATED AT TORONTO THIS 19th DAY OF September , 2007.
BRUCE MONTEITH, BOARD MEMBER
BM/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1520759 ONTARIO INC., OPERATING AS AFTER LIFE NIGHTCLUB, 250 ADELAIDE STREET WEST, TORONTO LICENCE NUMBER 801878
NOTICE OF PROPOSAL NUMBER 15257
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s representative agree to the following:
On January 21, 2007 a minor consumed liquor in the licensed premises. A drunken patron was in the licensed premises on January 21, 2007 and on March 10, 2007.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 30(4) of the Liquor Licence Act and of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has prior suspensions of 21 days in 2004 and in 2006 and a 14 day suspension in 2007.
-2-
Joint Submission On Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s representative submit that the following disposition is appropriate in these circumstances:
- A seventeen (17) day suspension of the liquor licence to start at 11:00 am on Monday, September 24, 2007 until 2:00 am on Thursday, October 11, 2007.
Dated in Toronto this 11th day of September, 2007.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO
George Kioulmetis