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-
1449903 Ontario Inc. O/A Ace Place – Banquet Hall
Licensee
DECISION
Panel: Alex McCauley, Board Member
Decision Date: October 19, 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 ) Phillip Morris, Representative
1449903 Ontario Inc., Licensee ) Emmanuel Balthasar, Representative
A hearing into Notice of Proposal number 15476 dated July 26, 2007 to suspend and add a condition to liquor licence number 803950 issued to 1449903 Ontario Inc., operating as Ace Place – Banquet Hall, 821 Runnymede Road, Toronto, Ontario, M6N 3V8, on the basis of alleged violations of subsection 30(4) of the Liquor Licence Act (LLA) and sections 29, 43, 52 and 53 and subsection 41(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on October 12, 2007 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Emmanuel Balthasar, 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 February 18, 2007 at 3:24 am, patrons were consuming liquor. On March 2, 2007, an 18 year old was consuming liquor in the licensed premises. There were 527 people in an area licensed for 424 people.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and sections 29 and 43 of the O. Reg. The Board accepted the withdrawal of the remaining allegations including the request to add a condition to the licence.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1449903 Ontario Inc., operating as Ace Place – Banquet Hall, 821 Runnymede Road, Toronto, Ontario, M6N 3V8), licence number 803950, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on January 16, 2008.
DATED AT TORONTO THIS 19th DAY OF October, 2007.
ALEX MCCAULEY, BOARD MEMBER
AM/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 1449903 ONTARIO INC. OPERATING AS ACE PLACE – BANQUET HALL, 821 RUNNYMEDE ROAD, TORONTO
LICENCE NO. 0803950
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JULY 26, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On February 18, 2007 at 3:24 am, patrons were consuming liquor. On March 2, 2007, an 18 year old was consuming liquor in the licensed premises. There were 527 people in an area licensed for 424 people.
Based on paragraph 1, the licensee breached s. 29 and 43 of Ont. Reg. 719/90 and s. 30(4) of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 0803950 for a period of 14 days commencing at 11:00 a.m. on January 2, 2008 and ending at 2:00 a.m. on January 16, 2008.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 12TH DAY OF OCTOBER, 2007.
RESPECTFULLY SUBMITTED,
Ravindran Sivasubramaniam Phillip Morris
for Registrar’s Counsel
licensee