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-
LJBD Incorporated O/A Lola
Licensee
DECISION
Panel: David C. Gavsie, Chair of AGCO Brian J. Ford, Board Member
Decision Date: October 16, 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 Fax: (416) 326-5566 Toll Free in Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative LJBD Incorporated, Licensee ) Jonathan Rosenthal, Representative
1A hearing into a Notice of Proposal number 15442 dated July 11, 2007 to suspend liquor licence number 24177 issued to LJBD Incorporated and operating as LOLA, 40 Kensington Avenue, Toronto, Ontario, M5T 2J9, on the basis of alleged violations of subsections 45(2) and 54(1)(b) of the Liquor Licence Act ("LLA") and subsections 31(1)(b)(c), 45(2), 50(c) and (d) and sections 33(1) and 53 of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on October 15, 2007 in the City of Toronto.
2Phillip Morris and Jonathan Rosenthal 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 April 27, 2007, there were rats in the licensed premises, a bottle of liquor with a snake in it, and the Licensee was unable to provide a complete set of receipts, which were with a former partner, John Davidson, who is currently in jail.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 54(1)(b) of the LLA and subsection 50(d) and section 33(1) of O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to LJBD Incorporated and operating as LOLA, 40 Kensington Avenue, Toronto, Ontario, M5T 2J9, licence number 24177, be suspended for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on October 21, 2007 and CONTINUE until 2:00 a.m. on October 31, 2007.
5Further, the Board ORDERS, on consent of the parties, the following condition to be attached to the licence:
John Davidson shall not be involved in the operation and management of the business, including as an officer, director, shareholder, partner, manager, or employee, and shall not be permitted in the premises.
DATED AT TORONTO THIS 16th DAY OF OCTOBER, 2007.
BRIAN J. FORD BOARD MEMBER DAVID C. GAVSIE, CHAIR OF AGCO
Attached.
BJF/sm
IN THE MATTER OF THE LIQUOR LICENCE ACT
AND IN THE MATTER OF THE LIQUOR LICENCE OF LJBD INCORPORATED OPERATING AS LOLA, 40 KENSINGTON AVENUE, TORONTO
LICENCE NO. 24177
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JULY 11, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On April 27, 2007, there were rats in the licensed premises, a bottle of liquor with a snake in it, and the Licensee was unable to provide a complete set of receipts, which were with a former partner, John Davidson, who is currently in jail.
Based on paragraph 1, the licensee breached s. 50(d), 33(1) and 54 (1)(b) f 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.
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. 24177 for a period of 10 days.
A condition shall be added to the licence that John Davidson shall not be involved in the operation and management of the business, including as an officer, director, shareholder, partner, manager, or employee, and shall not be permitted in the premises.
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 TIRIBTI TGUS 15TH DAY OF OCTOBER, 2007.
RESPECTFULLY SUBMITTED.
Luong Chi Bang Phillip Morris
for Registrar's Counsel
licensee