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-
Centrinium Food & Beverage Service Inc.
O/A James Joyce Irish Pub (The)
Licensee
-and-
2113339 Ontario Inc. intending to operate as
James Joyce Irish Pub (The)
Applicant
DECISION
Panel: S. Grace Kerr, Board Member
Decision Date: November 13, 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
2113339 Ontario Inc., Applicant ) Jerry Levitan, Representative
A hearing into Notice of Proposal number 15664 dated September 24, 2007 to suspend liquor licence number 201449 issued to Centrinium Food & Beverage Service Inc., operating as The James Joyce Irish Pub, 386 Bloor Street West, Toronto, Ontario, M5S 1X4 on the basis of alleged violations of section 43 and subsections 34(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), and Notice of Proposal number 15666 dated September 24, 2007 to refuse to transfer the licence on the basis of alleged violations of subsections 6(2)(d) and 6(2)(e) of the LLA was held on November 13, 2007 in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and Jerry Levitan, Applicant’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 March 18, 2007 liquor inspectors visited the licensed premises and found approximately 188 people in an area licensed for 122. There were drunken patrons in the establishment and Mr. Chou, the licence applicant, was unable to control a fight in the licensed area.
No one appeared on behalf of the Licensee, Centrinium Food & Beverage Service Inc.
Based on the Agreed Statement of Facts, the Board found the licence applicant breached section 43 and subsection 45(1) of the O. Reg. The Board accepted the withdrawal of the Registrar’s opposition to the transfer of the licence and the remaining allegations.
Order
The Board APPROVES the transfer of liquor licence number 201449 from Centrinium Food & Beverage Service Inc. to 2113339 Ontario Inc., intending to operate as The James Joyce Irish Pub.
Further, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence now transferred to 2113339 Ontario Inc., operating or intending to operate as The James Joyce Irish Pub, 386 Bloor Street West, Toronto, Ontario, M5S 1X4, be SUSPENDED for FOURTEEN (14) days, 10 days of which shall be deemed to have been served from October 29, 2007 to November 8, 2007 and FOUR (4) further days to be served commencing at 11:00 a.m. on November 15, 2007 and continuing until 2:00 a.m. on November 19, 2007.
DATED AT TORONTO THIS DAY OF , 2007.
S.GRACE KERR, BOARD MEMBER
SGK/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
CENTRINIUM FOOD & BEVERAGE SERVICE INC. OPERATING AS
THE JAMES JOYCE IRISH PUB
386 BLOOR ST. W., TORONTO
AND IN THE MATTER OF AN APPLICATION TO TRANSFER
THE LICENCE FROM CENTRINIUM FOOD & BEVERAGE SERVICE INC.
TO 2113339 ONTARIO INC.
LICENCE NO. 201449
AGREED STATEMENT OF FACTS
The Applicant, who has been advised by counsel, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Suspend a Licence dated September 24, 2007 and the Notice of Proposal to Refuse to Transfer a Licence dated September 24, 2007:
On March 18, 2007 liquor inspectors visited the licensed premises and found approximately 188 people in an area licensed for 122. There were drunken patrons in the establishment and Mr. Chou, the licence applicant, was unable to control a fight in the licensed area.
Based on the aforementioned facts, the licence applicant admits to have breached sections 43 and 45(1) of Ontario Revised Regulation 719/90, as amended, and enacted pursuant to the Liquor Licence Act.
Ping Hing (Henry) Chou has accepted full responsibility for what took place in the establishment that night, as he was operating the establishment under the contracting-out provisions of the transfer application at that time. Mr. Tsui, the licensee of record, was not involved in the operation of the establishment at that time.
JOINT SUBMISSION ON
DISPOSITION
Whereas this Applicant previously served a four (4) day suspension for permitting drunkenness at this establishment in December 2006;
And whereas the establishment has been closed since October 3, 2007 because the Licensee chose not to re-assume control of the establishment when the proposal to refuse the transfer was issued;
The Applicant, who has been advised by counsel, and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
A fourteen (14) day suspension of liquor licence 201449, ten (10) days of which shall be deemed to have been served from October 29, 2007 to November 8, 2007 and four (4) further days to be served commencing at 11:00 a.m. on November 15, 2007 and continuing until November 19, 2007 at 2:00 a.m..
The Board shall approve the transfer of liquor licence 201449 to 2113339 Ontario Inc. from Centrinium Food & Beverage Service Inc.
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 both dated September 24, 2007.
Respectfully submitted this 13th day of November, 2007.
2113339 ONTARIO INC.
Ping Hing Chou Joyce A. Taylor
“I have authority to bind the Corporation.” Counsel for the Registrar
Jerry Levitan
Counsel for the Licensee