LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CARRIBEAN DESIRES
6435 Dixie Road, Unit #1
Mississauga, Ontario
L4W 1M9
Licensee: 1381102 Ontario Inc.
Licence Number: 807969
Notice of Proposal: To SUSPEND a licence
Dated July 26, 2006
The Proposal alleges that:
(a) contrary to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario
M2N 0A4
February 1, 2007 via teleconference
Presiding
Board Member: Patricia McQuaid, Vice Chair
Agent for the
Registrar: Sujin Chan
Counsel for the
Licensee: Jerry Levitan
Exhibits: #1 - Agreed Statement of Facts
#2 - Joint Submission On Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing via teleconference on February 1, 2007, pursuant to a Notice of Proposal dated July 26, 2006, to suspend the licence issued to 1381102 Ontario Inc. for premises operating as CARRIBEAN DESIRES, 6435 Dixie Road, Unit #1, Mississauga, Ontario, L4W 1M9, licence number 807969;
AND WHEREAS the corporate licensee was represented by legal counsel Jerry Levitan;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission On Disposition (Exhibit #2) submitted by the agent for the Registrar and Mr. Levitan, counsel for the corporate licensee, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On April 30, 2006, there were approximately 135 people in an area licensed for 95 people.
AND WHEREAS based on the Agreed Statement of Facts, the Board made a finding under section 43 of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1381102 Ontario Inc. for premises operating as CARRIBEAN DESIRES, 6435 Dixie Road, Unit #1, Mississauga, Ontario, L4W 1M9, licence number 807969, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on February 25, 2007, and CONTINUE until 2:00 a.m. on March 4, 2007.
DATED AT TORONTO THIS DAY OF 2007.
________________________________
PATRICIA MCQUAID, VICE CHAIR
PM/rb
Attachment.
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 1381102 ONTARIO INC. OPERATING AS
CARRIBEAN DESIRES, 6435 DIXIE ROAD, UNIT #1, MISSISSAUGA,
LICENCE NUMBER 807969
________________________________________________________________
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and Registrar’s Agent agree to the following:
On April 30, 2006 there were approximately 135 people in an area licensed for 95 people.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has exhibited remorse and taken steps to prevent a recurrence of this violation.
The licence holder has no prior record of disciplinary action with the Commission.
Joint Submission Regarding
Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A seven (7) day suspension of the liquor licence commencing at 11:00 a.m. on February 25, 2007 and ending at 2:00 a.m. on March 4, 2007.
Dated at Toronto this 24^th^ day of January 2007.
__________________________________ ____________________________________
Bhagwaite (Mary) Mohar Sujin Chan
For the licence holder Agent for the Registrar of the AGCO
“I have authority to bind
the corporation”
_________________________________
Jerry Levitan
Counsel for the Licence Holder