ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
Bondleigh Investments Limited O/A Coffee on Yonge Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair 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: Sujin Chan, Representative Bondleigh Investments Limited, Licensee: Richard Kesten, Representative
A hearing into Notice of Proposal number 14838 dated January 9, 2007 to suspend liquor license number 812035 issued to Bondleigh Investments Limited, operating as Coffee on Yonge, 4698 Yonge Street, Toronto, Ontario, M2N 5M4 on the basis of an alleged violation of subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), and Supplementary Notice of Proposal number 15234 dated May 10, 2007 to suspend the licence on the basis of an alleged violation of subsection 45(2) of the O. Reg was held on September 18, 2007 in the City of Toronto.
Sujin Chan, Registrar’s Representative, and Richard Kesten, 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:
Drunken patrons were in the licensed premises on October 6, 2006 and January 28, 2007. Also patrons smoked marijuana on the closed, licensed patio on January 28, 2007.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 45(1) and 45(2) of the O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition and submissions from the parties, the Board confirms its oral ORDER that the liquor licence issued to Bondleigh Investments Limited, operating as Coffee on Yonge, 4698 Yonge Street, Toronto, Ontario, M2N 5M4, licence number 812035, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on September 25, 2007, and CONTINUE until 2:00 a.m. on October 12, 2007.
DATED AT TORONTO THIS 19th DAY OF September, 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/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 BONDLEIGH INVESTMENTS LIMITED OPERATING AS COFFEE ON YONGE, 4698 YONGE STREET, TORONTO LICENCE NUMBER 0812035
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 declined that right and agreed to proceed without legal counsel, and Registrar’s representative agree to the following:
Drunken patrons were in the licensed premises on October 6, 2006 and January 28, 2007. Also patrons smoked marijuana on the closed, licensed patio on January 28, 2007.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 45(1) (permit drunkenness) and (2) (permit patrons to consume a controlled substance) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
Kyuwon Shim, Pres.
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 has declined that right and agreed to proceed without 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.
Dated in Toronto this 17th day of September 2007.
Licence holder Richard E. Kulis, for the Registrar of the AGCO