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-
Cave of Kama Sutra Lounge Corp.
O/A Cave of Kama Sutra
Licensee
DECISION
Panel: David C. Gavsie, Chair
Decision Date: October 29, 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
Cave of Kama Sutra Lounge Corp., Licensee ) Adam Vassos, Representative
1A hearing into Notice of Proposal number 15391 dated June 28, 2007 to suspend and add a condition to liquor licence number 21641 issued to Cave of Kama Sutra Lounge Corp., operating as Cave of Kama Sutra, 173 Eglinton Avenue East, Toronto, Ontario, M4P 1J4, on the basis of alleged violations of section 29 and subsections 44(1) and 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on October 26, 2007 in the City of Toronto.
2Phillip Morris, Registrar’s Representative, and Adam Vassos, 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 5, 2007 at 3:00 am and May 14, 2007 at 2:50 am, patrons were consuming liquor in the licensed premises. On May 14, 2007 and July 28, 2007, people were smoking marijuana in the D.J. booth and women’s washroom respectively.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 45(2) of the O. Reg. The Board accepted the withdrawal of the remaining allegation and the request for 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 Cave of Kama Sutra Lounge Corp., operating as Cave of Kama Sutra, 173 Eglinton Avenue East, Toronto, Ontario, M4P 1J4, 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 29th DAY OF October, 2007.
DAVID C. GAVSIE, CHAIR
DCG/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 CAVE
OF KAMA SUTRA LOUNGE CORP., OPERATING AS CAVE OF
KAMA SUTRA, 173 EGLINTON AVENUE EAST, TORONTO
LICENCE NO. 21641
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JUNE 28, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On March 5, 2007 at 3:00 am and May 14, 2007 at 2:50 am, patrons were consuming liquor in the licensed premises. On May 14, 2007 and July 28, 2007, people were smoking marijuana in the D.J. booth and women’s washroom respectively.
Based on paragraph 1, the licensee breached s. 29 and 45(2) on Ont. Reg. 719/90.
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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page 2
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
The Board shall suspend licence no. 21641 for a period of 14 days.
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 23RD DAY OF OCTOBER, 2007.
RESPECTFULLY SUBMITTED,
Rajesh Kumarn Patel Phillip Morris
for Registrar’s Counsel
licensee