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-
Tikor Restaurant Ltd. O/A The Box Office Sports Bar and Restaurant Licensee
DECISION
Panel: Alex McCauley, Board Member Guy Maurice, Board Member
Decision Date: November 23, 2007
Hearing Location: Windsor, 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 Tikor Restaurant Ltd., Licensee ) Anthony Barile, Representative
A hearing into Notice of Proposal number 14919 dated February 7, 2007 to suspend liquor licence number 90267 issued to Tikor Restaurant Ltd., operating as The Box Office Sports Bar and Restaurant, 531 Pelissier Street, Windsor, Ontario, N9A 4L2, on the basis of an alleged violation of subsection 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA) was held on November 6, 2007 in the City of Windsor.
Joyce Taylor, Registrar’s Representative, and Anthony Barile, 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 liquor inspectors visited the licensed premises and found patrons smoking marijuana on the dance floor area.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Tikor Restaurant Ltd., operating as The Box Office Sports Bar and Restaurant, 531 Pelissier Street, Windsor, Ontario, N9A 4L2, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on January 17, 2008, and CONTINUE until 2:00 a.m. on February 7, 2008.
DATED AT TORONTO THIS 23rd DAY OF November, 2007.
ALEX MCCAULEY, BOARD MEMBER GUY MAURICE, BOARD MEMBER
AM/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c.L.19, s. 13(1)(b) 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF TIKOR RESTAURANT LTD., OPERATING AS THE BOX OFFICE SPORTS BAR AND RESTAURANT, 531 PELISSIER STREET. WINDSOR, LICENCE No. 90267
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated February 7, 2007.
On December 16, 2006 liquor inspectors visited the licensed premises and found patrons smoking marijuana on the dance floor area.
Based on the above-mentioned facts, the licensee admits to having breached section 45(2) of Ontario Revised Regulation 719/90 as amended and enacted pursuant to the Liquor Licence Act.
The licensee has undertaken to be more diligent in his supervision of his patrons and in controlling their activities.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee served an 18 day suspension in 2006 for breaching section 29 (fail to clear), section 31.1(1) (reporting liquor), section 43 (overcrowding), and section 45(2) (permitting marijuana) all of Regulation 719/90 in 2005;
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in these circumstances:
There shall be a twenty-one (21) day suspension of liquor licence 90267 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, Ontario, M2N 0A4, fax (416) 326-5566, within seven (7) days of today’s date failing which the Board shall impose the suspension dates without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification, must be completed within ninety (90) days of today’s date, and cannot be served between December 24, 2007 and January 1, 2008.
Should the Board accept this Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations as set out in the Notices of Proposal to Revoke a Licence dated February 7, 2007.
Respectfully submitted this 6th day of November, 2007.
TIKOR RESTAURANT LTD.
Kim Wright Joyce A. Taylor “I have authority to bind the Corporation.” Counsel for the Registrar
Anthony Barile Counsel for the Licensee