LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: COCO’S PLACE 2480 Eglinton Ave. E. (City of Scarborough) Toronto, Ontario M1K 2R4
Licensee: Coco’s Place Restaurant & Bar Ltd. Licence Number: 21168
Notice of Proposal: To SUSPEND a licence Dated August 24, 2006
The Proposal alleges that:
(a) contrary to subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder permitted drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the licensed premises or in the areas under the control of the licence holder.
(b) contrary to subsection 53 of Ontario Regulation 719/90 under the Liquor Licence Act (the “O. Reg.”) the licence holder failed to make available lists describing:
(i) the varieties of liquor available for sale;
(ii) the amount of liquor in each type of drink offered for sale;
(iii) the varieties of non-alcoholic beverages available for sale;
(iv) the purchase price of the food, liquor and non-alcoholic beverages.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. E., 3rd Floor Toronto, Ontario M2N 0A4
January 9, 2007
Presiding Board Member: Patricia McQuaid, Vice-Chair
Counsel for the Registrar: Phillip Morris
Agent for the Licensee: Bob Hewitt
Attendance: Alexandra Hill, for the corporate licensee Rudran Sivapatham, Manager of establishment
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 on January 9, 2007, pursuant to a Notice of Proposal dated August 24, 2006 to suspend the liquor licence issued to Coco’s Place Restaurant & Bar Ltd. for premises operating as Coco’s Place, 2480 Eglinton Ave., E., Toronto, Ontario, M1K 2R4, licence number 21168;
AND WHEREAS Bob Hewitt, an agent, appeared on behalf of the corporate licensee and waived its right to be represented by legal counsel;
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 Counsel for the Registrar and Mr. Hewitt, appearing on behalf of 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 June 10, 2006, there were 2 drunken patrons in the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 45 (1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation in the Notice of Proposal dated August 24, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Coco’s Place Restaurant & Bar Ltd. for premises operating as Coco’s Place, 2480 Eglinton Ave., E., Toronto, Ontario, M1K 2R4, licence number 21168 be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on February 19, 2007, and CONTINUE until 2:00 a.m. on February 24, 2007.
DATED AT TORONTO THIS DAY OF 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/mw
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
COCO’S PLACE RESTAURANT & BAR LTD. OPERATING AS COCO’S PLACE,
2480 EGLINTON AVE., E., TORONTO,
LICENCE NUMBER 21168
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
AUGUST 24, 2006
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent, and the Registrar agree to the following facts:
On June 10, 2006, there were 2 drunken patrons in the licensed premises.
Based on paragraph 1, the licensee breached s.45 (1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with an agent, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 21168 for a period of 5 days commencing at 11:00 a.m. on February 19, 2007 and ending at 2:00 a.m. on February 24, 2007.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 9TH DAY OF JANUARY, 2007.
RESPECTFULLY SUBMITTED,
Alexandra Hill Phillip Morris
for Registrar’s Counsel
licensee