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-
2093395 Ontario Inc. O/A Sujak Cafe
Licensee
DECISION
Panel: Dianne Axmith, Board Member
Decision Date: October 25, 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 2093395 Ontario Inc., Licensee ) Mitchell Worsoff, Representative
1A hearing into Notice of Proposal number 15057 dated March 12, 2007 and Amended Notice of Proposal number 15702 dated October 16, 2007 to suspend liquor licence number 809860 issued to 2093395 Ontario Inc., operating as Sujak Cafe, 5519 Yonge Street, Toronto, Ontario, M2N 3T8 on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (LLA) and subsections 41(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA and an alleged breach of a condition on the licence, was held on October 18, 2007 in the City of Toronto.
2Sujin Chan, Registrar’s Representative, and Mitchell Worsoff, 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 September 22, 2006, a minor was served liquor and her identification had not been checked. A male patron was intoxicated.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsections 41(1) and 45(1) of the O. Reg and a condition on the licence which states: “No person under the age of 19 years is permitted in the licensed premises”.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2093395 Ontario Inc., operating as Sujak Cafe, 5519 Yonge Street, Toronto, Ontario, M2N 3T8, licence number 809860, be SUSPENDED for THIRTEEN (13) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on January 15, 2008.
DATED AT TORONTO THIS 25^th^ DAY OF October, 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
2093395 ONTARIO INC. OPERATING AS
SUJAK CAFÉ, 5519 YONGE STREET
TORONTO, ON M2N 3T8
LICENCE NUMBER 809860
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s Counsel agree to the following:
On September 22, 2006, a minor was served liquor and her identification had not been checked. A male patron was intoxicated.
Based on the facts in paragraph 1, the licence holder admits to violations of:
- Subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act [permitting drunkenness]
- Subsection 30(4) of the Liquor Licence Act [service to minor]
- Subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act [fail to check identification]
- A condition on the licence which states: “No person under the age of 19 years is permitted in the licensed premises”
The licence holder has no prior disciplinary record with the Commission.
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Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
- A thirteen (13) day suspension of the liquor licence.
Dated in Toronto this 18^th^ day of October, 2007.
Gyusang Kim Sujin Chan
for the licence holder Counsel for the Registrar
“I have authority to bind
the corporation.”
Mitchell Worsoff
Counsel for the licence holder
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