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-
Hotel Boutique Lounge Inc. O/A Hotel Boutique Lounge
Licensee
DECISION
Panel: Bruce Monteith, Board Member
Dianne Axmith, Board Member
Decision Date: October 18, 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
Hotel Boutique Lounge Inc., Licensee ) Randall Barrs, Representative
A hearing into Notice of Proposal number 15038 dated March 6, 2007 to suspend liquor licence number 807401 issued to Hotel Boutique Lounge Inc., operating as Hotel Boutique Lounge, 77 Peter Street, Toronto, Ontario, M5V 2G4 on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and subsections 31(1)(c), 33(1), 45(1) and 54(1)(a) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on September 20, 2007 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Randall Barrs, 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 December 16, 2006, there were 2 drunken patrons in the licensed premises.
- Based 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 allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Hotel Boutique Lounge Inc., operating as Hotel Boutique Lounge, 77 Peter Street, Toronto, Ontario, M5V 2G4, licence number 807401, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on November 25, 2007 and CONTINUE until 2:00 a.m. on December 16, 2007.
DATED AT TORONTO THIS 18th DAY OF October , 2007.
BRUCE MONTEITH, BOARD MEMBER DIANNE AXMITH, BOARD MEMBER
BM/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 HOTEL BOUTIQUE LOUNGE INC. OPERATING AS
HOTEL BOUTIQUE LOUNGE, 77 PETER STREET, TORONTO
LICENCE NUMBER 807401
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED MARCH 6, 2007
AGREED STATEMENT OF FACTS
The Licensee, after consulting with counsel, and the Registrar agree to the following facts:
On December 16, 2006, there were 2 drunken patrons in the licensed premises
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 119/90.
The licensee has shown remorse and co-operated with the Commission
The licensee was suspended for 7 days in 2004 and 60 days in 2005 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 the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 807401 for a period of 21 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 20TH day of SEPTEMBER. 2007.
RESPECTFULLY SUBMITTED,
Steven Catala Phillip Morris
for Registrar’s Counsel
licensee