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-
876979 Ontario Inc. O/A Urban Steakhouse and Lounge (The)
Licensee
DECISION
Panel: Allan Higdon, Board Member Alex McCauley, Board Member
Decision Date: October 5, 2007
Hearing Location: Niagara Falls, 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 876979 Ontario Inc., Licensee ) Robert Plouffe, Representative
[1]. A hearing into Notice of Proposal number 15261, dated May 23, 2007, to suspend and Notice of Proposal number 15471, dated July 23, 2007, to review application for additional licensed areas for liquor licence number 810425 issued to 876979 Ontario Inc., operating as Urban Steakhouse and Lounge (The), 200 Highway 20 E., Unit 6, Fonthill, Ontario, L0S 1E0 on the basis of alleged violations of subsections 6(2)d, 6(2)(f), 6(2)(g) and 45(1) of the Liquor Licence Act (LLA) and subsections 50(b), 50(c) and 50(d) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on September 25, 2007 in the City of Niagara Falls.
[2]. The Board, on consent of the parties, amended Notice of Proposal number 15261, dated May 23, 2007, to include a violation of subsection 5(1) of the LLA.
[3]. Bryna Kaplan, Registrar’s Representative, and Robert Plouffe, 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:
The licence holder has enclosed the liquor licensed outdoor patio area to create another indoor licensed area. As an indoor area, this area is not licensed for the service of liquor. Despite being advised by liquor licence inspectors and police officers in January 2007 to cease service, the licensee continued to serve liquor in this area until August 6, 2007.
[4]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 5(1) of the LLA. The Board accepted the withdrawal of the remaining allegations.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 876979 Ontario Inc., operating as Urban Steakhouse and Lounge (The), 200 Highway 20 E., Unit 6, Fonthill, Ontario, L0S 1E0, licence number 810425, 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 5th DAY OF October, 2007.
ALLAN HIGDON, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
AH/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
876979 ONTARIO INC.,
OPERATING AS URBAN STEAKHOUSE AND LOUNGE (THE)
200 HIGHWAY 20 E., UNIT 6, FONTHILL
LICENCE NO. 810425
AGREED STATEMENT OF FACTS
The Licence Holder, having been advised of its right to Legal Counsel and having waived that right, through its Agent, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated May 23, 2007;
The licence holder has enclosed the liquor licensed outdoor patio area to create another indoor licensed area. As an indoor area, this area is not licensed for the service of liquor. Despite being advised by liquor licence inspectors and police officers in January 2007 to cease service, the licensee continued to serve liquor in this area until August 6, 2007.
The licensee has applied to licence this additional indoor area.
Based upon the above-admitted facts, the licence holder admits to violations of section 5(1) of the Liquor Licence Act.
The licensee has no prior record of suspensions with the Board
JOINT SUBMISSION ON DISPOSITION
Whereas the licence holder has no prior record of suspensions with the Board;
The Licensee, having been advised of its right to Legal Counsel and having waived that right, through its Agent, and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
a twenty-one (21) day suspension of liquor licence 810425 to be served consecutively, from January 2, 2008, at 11 a.m. until January 23, 2008 at 2 a.m.
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 allegations contained in the Notice of Proposal dated May 23, 2007 and the Notice of Proposal to Review the Application for Licence For Additional Licensed Areas dated July 23, 2007.
Respectfully submitted this 25 day of September, 2007.
Gerald Gervais Bryna Kaplan
Licence Holder Counsel for the Registrar, AGCO
“I have the authority to bind
the Corporation.”
Bob Plouffe
Agent for the Licensee
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