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-
6463339 Canada Inc. O/A Omni Bar & Grill
Licensee
DECISION
Panel: Dianne Axmith, Board Member
Decision Date: September 24, 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
6463339 Canada Inc., Licensee ) Sivagnanaselvam Sivaratnam
A hearing into Notice of Proposal number 15203 dated May 7, 2007 to suspend liquor license number 805081 issued to 6463339 Canada Inc., operating as Omni Bar & Grill, 1173 Victoria Park Avenue, Toronto, Ontario, M4B 2K5 on the basis of alleged violations of subsections 31(1)(c), 31.1(1), 33(1), 35(1), 50(c) and 50(d) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on September 24, 2007 in the City of Toronto.
Sivagnanaselvam Sivaratnam is the director, officer and shareholder of the Licensee and appeared on behalf of the Corporation, waiving the right to be represented by a barrister and solicitor.
Sujin Chan, Registrar’s Representative, and the Licensee 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 March 2, 2007, food sufficient for light meals was not available in the licensed premises. A fire exit door was locked and three fire exit signs were not illuminated. The kitchen area was unclean.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 35(1), 50(c) and 50(d) 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 6463339 Canada Inc., operating as Omni Bar & Grill, 1173 Victoria Park Avenue, Toronto, Ontario, M4B 2K5, licence number 805081, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on October 20, 2007, and CONTINUE until 2:00 a.m. on October 27, 2007.
DATED AT TORONTO THIS 24th DAY OF September, 2007.
DIANNE AXMITH, BOARD MEMBER
DA/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 6463339 CANADA INC. OPERATING AS OMNI BAR & GRILL,
1173 VICTORIA PARK AVENUE, TORONTO
LICENCE NUMBER 805801
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:
On March 2, 2007, food sufficient for light meals was not available in the licensed premises. A fire exit door was locked and three fire exit signs were not illuminated. The kitchen area was unclean.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 35(1) [no light meals], 50(c) [non-compliance with Fire Protection and Prevention Act], and 50(d) [non-compliance with Health Protection and Promotion Act] of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has exhibited remorse and implemented measures to prevent further infractions.
The licence holder previously served a suspension of 6 days in 2006 for permitting drunkenness.
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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 the Register’s Counsel submit that the following disposition is appropriate in these circumstances:
- A seven (7) day suspension of the liquor licence to commence at 11:00 a.m. on October 20th, 2007 and to end at 2:00 a.m. on October 27th, 2007.
Dated in Toronto this 21st day of September, 2007.
Sivagnanaselvam Sivaratnam Sujin Chan
for the licence holder Counsel for the Registrar of the AGCO
“I have authority to bind the
Corporation.”
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