LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: TASTY RESTAURANT
1222B King Street West
Toronto, Ontario
M6K 1G4
Licensee: 1186928 Ontario Inc.
Licence Number: 804790
Notice of Proposal: To SUSPEND a licence
Dated July 25, 2006
Supplementary
Notice of Proposal: To SUSPEND a licence
Dated October 20, 2006
The Proposals allege 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 30(4) of the Liquor Licence Act, the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises.
(c) contrary to subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to inspect a piece of identification of a person apparently under the age of 19 years prior to selling or serving liquor to that person.
Hearing: Alcohol & Gaming Commission of Ontario
90 Sheppard Ave. E., 3^rd^ Floor
Toronto, Ontario
M2N 0A4
January 5, 2007
Presiding
Board Members: David C. Gavsie, Chair
Brian J. Ford, Member
Counsel for the
Registrar: Brad Alton
Exhibits: #1 Agreed Statement of Facts
#2 Joint Submission on Disposition
Attendance: Joseph Solomon, Agent for the corporate licensee
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 5, 2007, pursuant to a Notice of Proposal dated July 25, 2006, and a Supplementary Notice of Proposal dated October 20, 2006, to suspend the liquor licence issued to 1186928 Ontario Inc. for premises operating as TASTY RESTAURANT, 1222B King Street West, Toronto, Ontario, M6K 1G4, licence number 804790;
AND WHEREAS the licensee was represented by legal agent, Joseph Solomon, and waived his 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 counsel for the Registrar and Joseph Solomon, agent for the corporate licensee, which is attached hereto and forms part of this decision. It was agreed and admitted that:
A patron under the age of 19 years was drinking liquor in the establishment on June 16, 2006.
Drunken patrons were found in the licensed premises on April 26, 2006.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 30(4) of the LLA and subsection 45(1) of Ont. Reg. 719/90 under the LLA. The Board accepted the withdrawal of the remaining allegations contained in the Notice of Proposal dated July 25, 2006, and the Supplementary Notice of Proposal dated October 20, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to 1186928 Ontario Inc. for premises operating as TASTY RESTAURANT, 1222B King Street West, Toronto, Ontario, M6K 1G4, licence number 804790, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on February 6, 2007, and CONTINUE until 2:00 a.m. on February 18, 2007.
DATED AT TORONTO THIS DAY OF 2007.
DAVID C. GAVSIE, CHAIR BRIAN J. FORD, BOARD MEMBER
BJF/rb
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
1186928 ONTARIO INC.
OPERATING AS TASTY RESTAURANT,
1222B KING STREET WEST, TORONTO,
LICENCE NUMBER 804790
NOTICE OF PROPOSAL NUMBER 14330
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14643
AGREED STATEMENT OF FACTS
The Licence Holder, and Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated July 26, 2006, and the Supplementary Notice of Proposal dated October 24, 2006:
A patron under the age of 19 years was drinking liquor in the establishment on June 16, 2006.
Based on the facts in paragraph 1, the Licence Holder admits to a violation of subsection 30(4) under the Liquor Licence Act.
Drunken patrons were found in the licensed premises on April 26, 2006.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
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
1186928 ONTARIO INC.
OPERATING AS TASTY RESTAURANT,
1222B KING STREET WEST, TORONTO,
LICENCE NUMBER 804790
NOTICE OF PROPOSAL NUMBER 14330
SUPPLEMENTARY NOTICE OF PROPOSAL NUMBER 14643
JOINT SUBMISSIONS REGARDING
DISPOSITION
The Licence Holder, and Registrar’s Counsel, submit that the following disposition, with respect to the Notice of Proposal to Suspend a Licence and the Supplementary Notice of Proposal, is appropriate in these circumstances:
There shall be a TWELVE (12) day suspension of liquor licence #804790 to be served consecutively within NINETY (90) days of today’s date, on dates to be provided, in writing to the Manager of Hearings within SEVEN (7) days of today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee. Furthermore, the Licensee is aware that the proposed suspension cannot start within 15 days of today’s date.
Should the Board members make the findings as agreed to and impose the disposition as submitted then Registrar’s Counsel will withdraw the remaining allegation(s), if any, in the Notice of Proposal and Supplementary Notice of Proposal.
Dated at Toronto this 5^th^ day of January, 2007.
Arumugasamy Appapillai Brad Alton, Counsel for the
Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”
Joseph Solomon
Agent for the Licence Holder