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-
Nite Falls Inc. O/A Dragonfly Night Club
Licensee
DECISION
Panel: Guy Maurice, Board Member
Decision Date: November 5, 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 ) Richard Kulis, Representative
Nite Falls Inc., Licensee ) Jerry Levitan, Representative
1A hearing into Notice of Proposal number 14926 dated February 7, 2007, Amended Notice of Proposal number 15617 dated May 15, 2007, and Supplementary Notice of Proposal number 15429 dated July 11, 2007 to suspend liquor licence number 811773 issued to Nite Falls Inc., operating as Dragonfly Night Club, Niagara Fallsview Casino Resort, 6380 Fallsview Blvd., Unit 109, Niagara Falls, Ontario, L2G 7X5 on the basis of alleged violations of clause 6(2)(d) of the Liquor Licence Act (LLA) and subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on October 24, 2007 in the City of Toronto.
2Richard Kulis, Registrar’s Representative, and Jerry Levitan, 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:
Drunken patrons were permitted in the licensed premises on October 1, 2006, November 12 and 18, 2006, January 29, 2007 and April 29, 2007.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Nite Falls Inc., operating as Dragonfly Night Club, Niagara Fallsview Casino Resort, 6380 Fallsview Blvd., Unit 109, Niagara Falls, Ontario, L2G 7X5, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on January 1, 2008, and CONTINUE until 2:00 a.m. on January 18, 2008.
DATED AT TORONTO THIS 5th DAY OF November, 2007.
GUY MAURICE, 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 NITE FALLS INC. OPERATING AS DRAGONFLY NIGHT CLUB, 6380 FALLSVIEW BLVD., NIAGARA FALLSVIEW CASINO RESORT, UNIT 109, NIAGARA FALLS
LICENCE NUMBER 0811773
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s representative agree to the following:
Drunken patrons were permitted in the license premises on October 1, 2006, November 12 and 18, 2006, January 29, 2007 and April 29, 2007.
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.
The licence holder has no prior adverse record with the Commission.
- 2 -
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A seventeen (17) day suspension of the liquor licence to start at 11:00 am on Tuesday, January 1, 2008 until 2:00 am on Friday, January 18, 2008.
Should the Board member make the findings as agreed to and impose the disciplinary action as jointly submitted, then the registrar’s representative will withdraw the remaining allegations in the Supplementary Notice of Proposal of July 11, 2007.
Dated in Toronto this 24th day of October 2007
For the licence holder Richard E. Kulis, for the Registrar of the AGCO