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-
2101693 Ontario Inc. O/A Escape Night Club
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: September 20, 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 ) Bryna Kaplan, Representative
2101693 Ontario Inc., Licensee ) Adam Vassos, Representative
A hearing into Notice of Proposal number 15121 dated April 12, 2007 and Supplementary Notice of Proposal number 15392 dated June 28, 2007 to suspend liquor licence number 201001 issued to 2101693 Ontario Inc., operating as Escape Night Club, 22 Duncan Street, Toronto, Ontario, M5H 3G8 on the basis of alleged violations of section 43 and subsections 31(1)(c), 33(1), and 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA) was held on September 18, 2007 in the City of Toronto.
Bryna Kaplan, 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 28, 2007, patrons smoked marijuana in the licensed premises.
On March 11, 2007, there were more than 234 people in an area licensed for 234 people.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 45(2) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2101693 Ontario Inc., operating as Escape Night Club, 22 Duncan Street, Toronto, Ontario, M5H 3G8, licence number 201001, be SUSPENDED for TWENTY (20) consecutive days to COMMENCE at 11:00 a.m. on November 18, 2007, and CONTINUE until 2:00 a.m. on December 8, 2007.
DATED AT TORONTO THIS 20th DAY OF September , 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,s. 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 2101693 ONTARIO INC., OPERATING AS
ESCAPE NIGHTCLUB, 22 DUNCAN ST., TORONTO
LICENCE NUMBER 201001
AGREED STATEMENT OF FACTS
The Licensee, through its Legal Counsel, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated April 12, 2007 and the Supplementary Notice of Proposal to Suspend a Licence dated June 28, 2007:
On January 28, 2007, patrons smoked marijuana in the licensed premises.
On March 11, 2007, there were more than 234 people in an area licensed for 234 people.
Based upon the above-admitted facts, the licence holder admits to a violation of sections 43 and 45(2) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licensee served a fourteen (14) day suspension in January 2007;
The Licensee, through its Legal Counsel, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
A twenty (20) day suspension of the liquor licence to start at 11:00 am on November 18, 2007 and continue consecutively until 2 a.m. on December 8 2007.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegations contained in the aforementioned Notice of Proposal.
Respectfully submitted this 14th day of September, 2007.
Bryna Kaplan
Counsel to the Registrar, AGCO
Joseph Bensadoun
For the Corporate Licensee
“I have authority to bind the Corporation”