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-
1316729 Ontario Limited O/A El Dorado Restaurant & Bar
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: November 20, 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 ) Richard Kulis, Representative
1316729 Ontario Limited, Licensee ) Eugene Bhattacharya, Representative
1A teleconference hearing into Notice of Proposal number 15280 dated May 29, 2007 to suspend and add a condition to liquor licence number 810442 issued to 1316729 Ontario Limited, operating as El Dorado Restaurant & Bar, 630 Peter Robertson Boulevard, Unit 1A, Brampton, Ontario, L6R 1T4, on the basis of alleged violations of sections 29 and 43 and subsection 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on November 19, 2007 in the City of Toronto.
2Richard Kulis, Registrar’s Representative, and Eugene Bhattacharya, 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 at approximately 2:50 am patrons were still consuming beer from bottles while in the licensed premises. There were 97 people in premises licensed for 80 people.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached sections 29 and 43 of the O. Reg. The Board accepted the withdrawal of the remaining allegation including the request for an addition of a condition to the licence.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1316729 Ontario Limited, operating as El Dorado Restaurant & Bar, 630 Peter Robertson Boulevard, Unit 1A, Brampton, Ontario, L6R 1T4, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on January 6, 2008, and CONTINUE until 2:00 a.m. on January 20, 2008.
DATED AT TORONTO THIS 20th DAY OF November, 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/ee
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1316729 ONTARIO LIMITED, OPERATING AS EL DORADO RESTAURANT & BAR, 630 PETER ROBERTSON BOULEVARD, UNIT 1A, BRAMPTON LICENCE NUMBER xxx
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and the Registrar’s representative agree to the following:
On December 16, 2006 at approximately 2:50 am patrons were still consuming beer from bottles while in the licensed premises. There were 97 people in the premises licensed for 80 people.
Based on the facts in paragraph 1, the licence holder admits to violations of sections 29 (fail to clear) and 43 (overcrowding) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A fourteen (14) day suspension of the liquor licence to start at 11:00 am on Sunday, January 6, 2008 until 2:00 am on Sunday, January 20, 2008.
Should the board make the findings as agreed to and impose the disciplinary action as jointly submitted, then the Registrar’s representative shall withdraw the remaining allegation contained in the Notice of Proposal of May 29, 2007.
Dated in Toronto this 9 day of November 2007
for the licence holder Richard E. Kulis, for the Registrar Eugene Bhattacharya of the AGCO Barrister & Solicitor