LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: LUX 720 King Street West Toronto, Ontario M5V 2T3
Licensee: 1379304 Ontario Inc. Licence Number: 23511
Notice of Proposal: To SUSPEND a licence Dated December 11, 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.
(b) contrary to section 46 of Ontario Regulation 719/90 under the Liquor Licence Act (the "O. Reg.") the holder of a licence that applies to outdoor premises permitted noise arising directly or indirectly from entertainment on the premises or from the sale and service of liquor to disturb persons who reside near the premises.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. East, 3rd Floor Toronto, Ontario M2N 0A4
February 14, 2007 Via Teleconference
Presiding
Board Member: David C. Gavsie, Chair
Agent for the
Registrar: Sujin Chan, Student-at-Law
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 teleconference hearing on February 14, 2007 pursuant to a Notice of Proposal dated December 11, 2006 to suspend the licence issued to 1379304 Ontario Inc. for premises operating as Lux, 720 King Street West, Toronto, Ontario, M5V 2T3, licence number 23511;
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 counsel for the Registrar and counsel for the corporate licensee, and signed by the licence holder, 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 July 13, 2006, there were 28 people in an area licensed for 18 people. Noise emanating from the patio of this establishment disturbed nearby residents.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under sections 43 and 46 of the O. Reg.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1379304 Ontario Inc. for premises operating as Lux, 720 King Street West, Toronto, Ontario, M5V 2T3, licence number 23511 be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on February 27, 2007 and CONTINUE until 2:00 a.m. on March 6, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR
DCG/mw
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 1379304 ONTARIO INC. OPERATING AS LUX, 720 KING STREET WEST, TORONTO, LICENCE NUMBER 23511
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and Registrar's Agent agree to the following:
On July 13, 2006, there were 28 people in an area licensed for 18 people. Noise emanating from the patio of this establishment disturbed nearby residents.
Based on the facts in paragraph 1, the licence holder admits to violations of sections 43 and 46 of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has taken steps to ensure that future infractions of this nature do not recur.
The licence holder has no prior record of disciplinary action with the Commission.
JOINT SUBMISSION ON 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 to commence at 11:00 a.m. on February 27, 2007 and to end at 2:00 a.m. on March 6, 2007.
Dated at Toronto this 12th day of February, 2007.
Charles Bechara Khabouth Sujin Chan For the licence holder Agent for the Registrar of the AGCO
"I have the authority to bind the corporation"
Jerry Levitan Counsel for the licence holder