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-
Seawall Lounge Inc. O/A Seawall Lounge Inc. Licensee
DECISION
Panel: S. Grace Kerr, Board Member Bruce Monteith, Board Member
Decision Date: September 26, 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 Seawall Lounge Inc., Licensee ) Mohamed Imtiaz Rasheed
[1]. A hearing into a Notice of Proposal number 15414 dated July 5, 2007 to suspend liquor licence number 22873, issued to Seawall Lounge Inc., operating as Seawall Lounge Inc., 1067 Midland Avenue, Toronto, Ontario, M1K 1G7, 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), was held on September 11, 2007 in the City of Toronto.
[2]. Mohamed Imtiaz Rasheed is the shareholder, officer and director of the Licensee. He appeared on behalf of the Corporation and waived the right to be represented by a barrister and solicitor.
[3]. Bryna Kaplan, 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 18, 2007, a fight occurred between two patrons in the licensed premises.
[4]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Seawall Lounge Inc., operating as Seawall Lounge Inc., 1067 Midland Avenue, Toronto, Ontario, M1K 1G7, licence number 22873, be SUSPENDED for TWENTY ONE (21) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on January 23, 2008.
DATED AT TORONTO THIS 26th DAY OF September, 2007.
S. GRACE KERR, BOARD MEMBER BRUCE MONTEITH, BOARD MEMBER
SGK/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 SEAWALL LOUNGE INC. OPERATING AS SEAWALL LOUNGE INC., 1067 MIDLAND AVENUE, TORONTO LICENCE NUMBER 15414
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to Legal Counsel and having waived that right, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated July 5, 2007;
On March 18, 2007, a fight occurred between two patrons in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to a violation of subsection 45(1) of Revised Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas the licence holder served a 7 day suspension in September 2005 and a 20 day suspension in December 2005;
The Licensee, having been advised of its right to Legal Counsel and having waived that right, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
- a twenty-one (21) day suspension of liquor licence number 22873 to be served consecutively from January 2, 2008 at 11:0