Registrar, Alcohol and Gaming Commission Ontario v. 2008825 Ontario Limited O/A Voodoo Nightclub, 2007 CanLII 47104

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-

2008825 Ontario Limited O/A Voodoo Nightclub

Licensee

DECISION

Panel: Guy Maurice, Board Member Allan Higdon, Board Member

Decision Date: October 24, 2007

Hearing Location: Windsor, 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 ) Brad Alton, Representative 2008825 Ontario Limited, Licensee ) Andrew Bradie, Representative

A hearing into Notice of Proposal number 14312 dated August 3, 2006 to suspend liquor licence number 806943 issued to 2008825 Ontario Limited, operating as Voodoo Nightclub, 527 Ouellette Avenue, Windsor, Ontario, N9A 4J3 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 October 17, 2007 in the City of Windsor.
Brad Alton, Registrar’s Representative, and Andrew Bradie, 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 March 08, 2006, a patron became drunk in the licensed premises. He became involved in a spontaneous altercation with another patron. The patron received a black eye and the other patron received serious facial injuries.

Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.

Order

Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2008825 Ontario Limited, operating as Voodoo Nightclub, 527 Ouellette Avenue, Windsor, Ontario, N9A 4J3, licence number 806943, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on November 25, 2007, and CONTINUE until 2:00 a.m. on December 13, 2007.

DATED AT TORONTO THIS 24^th^ DAY OF October, 2007.

GUY MAURICE, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER

GM/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 2008825 ONTARIO LIMITED, OPERATING AS VOODOO NIGHTCLUB, 527 OUELLETTE AVENUE, WINDSOR LICENCE NUMBER 806943 NOTICE OF PROPOSAL NUMBER 14312

Agreed Statement Of Facts

The Licence Holder, having consulted legal counsel, and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated August 03, 2006:

On March 08, 2006, a patron became drunk in the licensed premises. He became involved in a spontaneous altercation with another patron. The patron received a black eye and the other patron received serious facial injuries.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.

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 2008825 ONTARIO LIMITED, OPERATING AS VOODOO NIGHTCLUB, 527 OUELLETTE AVENUE, WINDSOR LICENCE NUMBER 806943 NOTICE OF PROPOSAL NUMBER 14312

Joint Submission Regarding Disposition

The Licence Holder, having consulted legal counsel and Registrar’s Counsel submit that the following disposition, with respect to the Notice of Proposal to Suspend a Licence dated August 03, 2006, is appropriate in these circumstances:

There shall be an EIGHTEEN (18) day suspension of liquor licence #806943 to be served consecutively commencing at 11:00 a.m., on November 25, 2007, and ending at 2:00 a.m. on December 13, 2007.
Should the Board make the findings as agreed to and impose the disposition as submitted, then the Registrar will withdraw the remaining allegation(s) (if any) in the Notice of Proposal.

Dated at Windsor this 17^th^ day of October, 2007.

Andrew J. Bradie Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO

Mathew Komsa Licence Holder “I have authority to bind the corporation licensee”