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-
1619311 Ontario Inc. O/A London Dock Bar & Restaurant
Licensee
DECISION
Panel: Beryl Ford, Board Member Dianne Axmith, Board Member
Decision Date: November 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 ) Dan Alakas, Representative
1619311 Ontario Inc., Licensee ) Chunyan Li
A hearing into Notice of Proposal number 15508 dated August 2, 2007 to suspend liquor license number 20344 issued to 1619311 Ontario Inc., operating as London Dock Bar & Restaurant, 2386 Kingston Road, Scarborough, Toronto, Ontario, M1N 1V2 on the basis of alleged violation of subsection 45(1) 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.
Chunyan Li is the shareholder, officer and director of the Licensee. She appeared on behalf of the Corporation and waived the right to legal representation.
Dan Alakas, Registrar’s Representative, and the Licensee 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 21, 2006, members of the Toronto Police Service attended the establishment to conduct a routine inspection and observed an intoxicated patron in the licensed premises.
On April 3, 2007, members of the Toronto Police Service attended the establishment to conduct a routine inspection and observed an intoxicated patron in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) 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 1619311 Ontario Inc., operating as London Dock Bar & Restaurant, 2386 Kingston Road, Scarborough, Toronto, Ontario, M1N 1V2, be SUSPENDED for FIFTEEN (15) consecutive days to COMMENCE at 11:00 a.m. on December 2, 2007, and CONTINUE until 2:00 a.m. on December 17, 2007.
DATED AT TORONTO THIS 19th DAY OF November ,2007.
BERYL FORD, BOARD MEMBER DIANNE AXMITH, BOARD MEMBER
BF/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 1619311 ONTARIO INC., OPERATING AS LONDON DOCK BAR & RESTAURANT, 2386 KINGSTON ROAD, TORONTO
LICENCE No. 20344
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 15508 ISSUED AUGUST 2, 2007
________________________________________________________
AGREED STATEMENT OF FACTS
The licensee, after having being advised of the right to legal counsel and having waived that right, and the Registrar’s representative agree to the following facts:
On December 21, 2006, members of the Toronto Police Service attended the establishment to conduct a routine inspection and observed an intoxicated patron in the licensed premises.
On April 3, 2007, members of the Toronto Police Service attended the establishment to conduct a routine inspection and observed an intoxicated patron in the licensed premises.
Based on the above mentioned facts the licensee admits to having breached section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur on the licensed premises.
The licensee has shown remorse and co-operated with the Commission. The licensee has an application pending with the Commission to transfer the licence. The premises is currently being operated by a new owner under a contracting out provision.
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JOINT SUBMISSION ON DISPOSITION
The licensee, after having being advised of the right to legal counsel and having waived that right, and the Registrar’s representative jointly submit that the following disposition is appropriate in the circumstances:
- There shall be a fifteen (15) day suspension of liquor licence 20344 to be served on dates to be provided, in writing, to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, Ontario, M2N 0A4, fax (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
DATED AT TORONTO, THIS 8TH DAY OF NOVEMBER, 2007
RESPECTFULLY SUBMITTED,
Chunyan Li Daniel ALAKAS
Licensee Registrar’s Representative