Registrar, Alcohol and Gaming Commission Ontario v. 7 Lounge Inc., 2007 CanLII 58201

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-

7 Lounge Inc. O/A SEVEN/RUNWAY 224

Licensee

DECISION

Panel: Dianne Axmith, Board Member David C. Gavsie, Chair

Decision Date: December 19, 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 ) Joyce Taylor, Representative ) Daniel Alakas, Representative

7 Lounge Inc., Licensee ) Randall Barrs, Representative

1. A hearing into Notice of Proposal number 15028 dated March 7, 2007, and Supplementary Notice of Proposal number 15388 dated June 25, 2007, to suspend liquor licence number 809662 issued to 7 Lounge Inc., operating as SEVEN/RUNWAY 224, 224 Richmond Street West, 2nd and 3rd Floor, Toronto, Ontario, M5V 1W2, on the basis of alleged violations of section 29 of the Liquor Licence Act (LLA) and section 29 and subsections 20(1), 25(1), 45(1) and 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on December 10, 2007 in the City of Toronto.

2. Joyce Taylor and Daniel Alakas, Registrar’s Representatives, 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 the night of May 12 – 13, 2007, liquor inspectors visited the licensed premises and found drunken patrons in the establishment. Several people were permitted to smoke marijuana in an area under the exclusive control of the licence holder. One patron was served liquor while showing signs of intoxication and the licence holder failed to clear the signs of the sale and service of liquor before 2:45 a.m.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 of the LLA and section 29 and subsections 45(1) and 45(2) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.

Order

4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 7 Lounge Inc., operating as SEVEN/RUNWAY 224, 224 Richmond Street West, 2nd and 3rd Floor, Toronto, Ontario, M5V 1W2, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on January 20, 2008, and CONTINUE until 2:00 a.m. on February 7, 2008.

DATED AT TORONTO THIS 19th OF December, 2007.

DIANNE AXMITH, BOARD MEMBER DAVID C. GAVSIE, CHAIR

DA/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 SEVEN LOUNGE INC. OPERATING AS SEVEN LOUNGE/RUNWAY 224, 224 RICHMOND ST., TORONTO LICENCE NO. 809662

AGREED STATEMENT OF FACTS

The Licencee who has been advised by counsel and Registrar’s agent agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated March 7, 2007, the Supplementary Notice of Proposal to Suspend a Licence dated June 15, 2007:

1. On the night of May 12 – 13, 2007, liquor inspectors visited the licensed premises and found drunken patrons in the establishment. Several people were permitted to smoke marijuana in an area under the exclusive control of the licence holder. One patron was served liquor while showing signs of intoxication and the licence holder failed to clear the signs of the sale and service of liquor before 2:45 a.m.

2. Based on the aforementioned facts, the Licensee admits to have breached section 29 of the Liquor Licence Act, and sections 45(1), 45(2) and 29 of Ontario Revised Regulation 719/90, as amended, and enacted pursuant to the Liquor Licence Act.

JOINT SUBMISSION ON DISPOSITION

Whereas this Licensee has been previously suspended for seven (7) days in 2004 for breaching section 43 (overcrowding) of Ontario Revised Regulation 719/90;

The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:

1. An eighteen(18) day suspension of liquor licence 809662 to be served on dates to be provided to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 300, Toronto, ON, M2N 0A4, fax (416) 326-5566, within seven (7) days of today’s date, failing which the Board shall set the dates of the suspension forthwith without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification, shall be completed within ninety (90) days of today’s date, and shall not be served between December 24, 2007 and January 1, 2008.

2. Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations set out in the Notices of Proposal to Suspend a Licence dated March 7, 2007, the Supplementary Notice of Proposal to Suspend a Licence dated June 15, 2007.

Respectfully submitted this 10th day of December, 2007.

SEVEN LOUNGE INC.

Piero Suppa Joyce A. Taylor

“I have authority to bind the Corporation.” Counsel for the Registrar

Randall Barrs

Counsel for the Licensee