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-
Thirty-Three & A Third Inc. O/A Swimming Pool (The) Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Dianne Axmith, Board Member
Decision Date: August 27, 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 Fax (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative Thirty-Three & A Third Inc., Licensee ) John Line, Representative
1A hearing into a Notice of Proposal dated March 7, 2007 to suspend a licence and to add a condition to liquor license number 801341 issued to Thirty-Three & A Third Inc. and operating as SWIMMING POOL (THE), 3200 Dufferin Street, Unit 21B, North York, Ontario, M6A 2T3 on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (“LLA”) and subsections 20(1), 34(1), 41(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA was held on July 26, 2007 in the City of Toronto.
2Richard Kulis and John Line 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 September 24, 2006, a fight occurred on the licensed patio. Patrons removed liquor form the licensed premises when the fight moved into the parking lot from the patio.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 34(1) and 45(1) of O.Reg. The Board accepted the withdrawal of the remaining allegations including the proposed addition of 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 Thirty-Three & A Third Inc. and operating as SWIMMING POOL (THE), 3200 Dufferin Street, Unit 21B, North York, Ontario, M6A 2T3, licence number 801341, be suspended for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on October 16, 2007 and CONTINUE until 2:00 a.m. on October 26, 2007, 2007.
DATED AT TORONTO THIS 27th DAY OF AUGUST, 2007.
KIRSTI HUNT, VICE-CHAIR DIANNE AXMITH, BOARD MEMBER
Attached.
KH/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQURO LICENCE OF THIRTY-THREE & A THIRD INC. OPERATING AS THE SWIMMING POOL, 3200 DUFFERIN STRRIT UNIT 21B, NORTH YORK LICENCE NUMBER 0801341
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar’s representative agree to the following:
On September 24, 2006, a fight occurred on the licensed patio. Patrons removed liquor form the licensed premises when the fight moved into the parking lot from the patio.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 45(1) (permit disorderly conduct) and 34(1)(remove liquor) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior seven (7) day suspension in 2005.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
- A ten (10) day suspension of the liquor licence.
Dated in Toronto this 26th day of July 2007.
John Line Richard E. Kulis, for the Registrar Licensee’s Counsel of the AGCO