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-
Hejin Lee O/A Sam’s Pub
Licensee
DECISION
Panel: Eleanor Meslin, Board Member
Decision Date: November 15, 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 ) Sujin Chan, Representative
Hejin Lee, Licensee ) Robert Plouffe, Representative
[1]. A teleconference hearing into Notice of Proposal number 15466 dated July 23, 2007 to suspend liquor licence number 201902 issued to Hejin Lee, operating as SAM’S PUB, 583 Sherbourne Street, Toronto, Ontario, M4X 1K7, on the basis of an 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 9, 2007 in the City of Toronto.
[2]. Sujin Chan, Registrar’s Representative, and Robert Plouffe, 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 April 5, 2007, a fight occurred between two patrons in the establishment. The patrons were both intoxicated.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Hejin Lee, operating as SAM’S PUB, 583 Sherbourne Street, Toronto, Ontario, M4X 1K7, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2008, and CONTINUE until 2:00 a.m. on January 12, 2008.
DATED AT TORONTO THIS 15th DAY OF November , 2007.
ELEANOR MESLIN, BOARD MEMBER
EM/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 HEJIN LEE OPERATING AS SAM’S PUB, 583 SHERBOURNE ST, TORONTO
LICENCE NO. 201902
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent or having been advised of the right to counsel and having waived that right, and the Registrar’s representative agree to the following facts:
On April 5, 2007, a fight occurred between two patrons in the establishment. The patrons were both intoxicated.
Based on the above mentioned facts the licensee admits to having breached section 45(1) of Ontario Regulation 719/90 by permitting drunkenness and disorderly conduct to occur on the licensed premises.
The licensee has shown remorse and co-operated with the Commission. The licensee has taken action to ensure that this type of situation does not occur in the future.
The licensee has no prior record of discipline imposed by the Board.
page 2
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with an agent or having been advised of the right to counsel and having waived that right, and the Registrar’s representative jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
- There shall be a ten (10) day suspension of liquor licence 201902 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, ON, 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, must be completed within ninety (90) days of today’s date.
DATED AT TORONTO, THIS 8TH DAY OF NOVEMBER, 2007.
RESPECTFULLY SUBMITTED,
Bob Plouffe Daniel Alakas
Agent for Licensee Registrar’s Representative
I have authority to bind the licensee.