LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: FUNHAUS
526 Queen Street West
Toronto, Ontario
M5V 2B5
Licensee: Funhaus Inc.
Licence Number: 202080
Notice of Proposal: To SUSPEND a licence and ADD a condition to the licence
Dated September 29, 2006
The Proposal alleges that:
(a) contrary to section 29 of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
(b) And to add a condition to the licence ordering:
"That the sale and service of liquor cease at 10:00 p.m. and that the signs of the sale and service of liquor be cleared by 10:45 p.m."
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. East, 3rd Floor
Toronto, Ontario
M2N 0A4
January 19, 2007 via teleconference
Presiding
Board Member: Allan Higdon, Member
Counsel for the
Registrar: Richard Kulis
Counsel for the
Licensee: Noel Gerry
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 January 19, 2007, pursuant to a Notice of Proposal dated September 29, 2006, to suspend the licence and add a condition to the licence issued to Funhaus Inc. for premises operating as FUNHAUS, 526 Queen Street West, Toronto, Ontario, M5V 2B5, licence number 202080;
AND WHEREAS the corporate licensee was represented by legal counsel Noel Gerry;
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 Noel Gerry, 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 June 5, 2006, at 5:10 a.m., cups containing beer had not been cleared from the licensed premises.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under section 29 of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated September 29, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Funhaus Inc. for premises operating as FUNHAUS, 526 Queen Street West, Toronto, Ontario, M5V 2B5, licence number 202080, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on February 18, 2007, and CONTINUE until 2:00 a.m. on February 23, 2007.
DATED AT TORONTO THIS DAY OF 2007.
ALLAN HIGDON, BOARD MEMBER
AH/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 FUNHAUS INC. OPERATING AS FUNHAUS,
526 QUEEN STREET WEST, TORONTO,
LICENCE NUMBER 202080
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and Registrar's counsel agree to the following:
On June 5, 2006 at 5:10 am cups containing beer had not been cleared from the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of section 29 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 Registrar's counsel submit that the following disposition is appropriate in these circumstances:
- A five (5) day suspension of the liquor licence
Dated at Toronto this 19th day of January 2007.
For the licence holder Richard E. Kulis, for the Registrar
Of the AGCO