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-
Horizon Lounge Sports Bar & Billiards Inc.
O/A
Horizon Lounge Sports Bar & Billiards
Licensee
DECISION
Panel: Eleanor Meslin, Board Member
Decision Date: October 24, 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 ) Bryna Kaplan, Representative
Horizon Lounge Sports Bar & Billiards Inc., Licensee ) Racquel Naomi Fearson
A hearing into Notice of Proposal number 15207 dated May 7, 2007 to suspend liquor license number 804683 issued to Horizon Lounge Sports Bar & Billiards Inc., operating as Horizon Lounge Sports Bar & Billiards, 74 Commercial Avenue, Ajax, Ontario, L1S 2H5 on the basis of an alleged violation of section 43 of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA) and an alleged breach of a condition on the licence, was held on October 19, 2007 in the City of Toronto.
Racquel Naomi Fearon is the shareholder, officer and director of the Licensee. She appeared on behalf of the licensee and waived the right to be represented by a legal counsel.
Bryna Kaplan, Registrar’s Representative, and the Licensee 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 premises, licensed for 55 people, exceeded that capacity on:
February 10, 2007, with approximately 125 people;
February 24, 2007, with approximately 90 people; and
August 12, 2007, with more than 100 people.
- On February 10, 2007, at approximately 11:32 p.m., people under the age of 19 years were in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 of O. Reg and breached a condition on the licence.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Horizon Lounge Sports Bar & Billiards Inc., operating as Horizon Lounge Sports Bar & Billiards, 74 Commercial Avenue, Ajax, Ontario, L1S 2H5, licence number 804683, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on January 17, 2008.
DATED AT TORONTO THIS 24th DAY OF October, 2007.
ELEANOR MESLIN, BOARD MEMBER
EM/ee
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c.L.19s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF
HORIZON LOUNGE SPORTS BAR & BILLIARDS INC.,
OPERATING AS
HORIZON LOUNGE SPORTS BAR & BILLIARDS
74 COMMERCIAL AVE., AJAX,
LICENCE NO. 804683
AGREED STATEMENT OF FACTS
The Licensee, having been advised of its right to legal counsel and having waived that right, and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated May 7, 2007:
- The premises, licensed for 55 people, exceeded that capacity on:
February 10, 2007, with approximately 125 people;
February 24, 2007, with approximately 90 people; and
August 12, 2007, with more than 100 people.
A condition of the liquor licence states “the licensee shall not permit anyone under the age of 19 years in the licensed premises after 10:00 p.m.”
On February 10, 2007, at approximately 11:322 p.m., people under the age of 19 years were in the licensed premises.
Based upon the above-admitted facts, the licence holder admits to violations of section 43 of Revised Regulation 719/90 under the Liquor Licence Act and a breach of a condition of the licence.
The licence holder has no prior record with the Commission.
JOINT SUBMISSION ON DISPOSITION
Whereas the licence holder has no prior record of suspensions by the Board;
The Licensee, having been advised of its right to legal counsel and having waived that right, and Registrar’s Counsel jointly submit that the following disposition is appropriate in these circumstances:
a fifteen (15) day suspension of liquor licence number 804683 to be served consecutively, from January 2, 2008 at 11 a.m., until January 17, 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 remaining allegations contained in the Notice of Proposal.
Respectfully submitted this 18 day of October, 2007,
Racquel Naomi Fearon Bryna Kaplan
For the Corporate Licence Holder Counsel for the Registrar, AGCO
“I have authority to bind the Corporation.”
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