LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: EXTAZ BAR AND LOUNGE 7700 Bathurst Street, Unit 43 & 44 Thornhill, Ontario L4J 7Y3
Licensee: Ioulia (Julia) Chpilevskaia Licence Number: 804059
Notice of Proposal: To SUSPEND a Licence Dated August 2, 2006
The Proposal alleges that:
(a) Contrary to subsection 30.1(1) under the Liquor Licence Act, the licence holder failed to display the Fetal Alcohol Spectrum Disorder warning sign while selling or supplying liquor or offering to sell or supply liquor.
(b) All managers, sellers and servers of liquor and security staff must hold certificates of a Board-approved server training program course completion within 90 days hereof, or within 90 days of commencement of employment.
(c) Contrary to subsection 54(1)(a) of Ontario Regulation 719/90 under the Liquor Licence Act, the licence holder failed to retain the record of the purchases of food and liquor for the licensed premises.
Hearing: Alcohol and Gaming Commission of Ontario 90 Sheppard Ave. W., 3rd Floor Toronto, Ontario M2N 0A4 January 23, 2007
Presiding Board Members: Allan Higdon, Member Alex McCauley, Member
Counsel for the
Registrar: Bryna Kaplan
Attendance: Ilya Aharon, Agent for the licensee
Exhibits: #1 – Letter of Authorization #2 - Agreed Statement of Facts #3 - 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 22, 2007, pursuant to a Notice of Proposal dated August 2, 2006, to suspend the liquor licence issued to Ioulia (Julia) Chpilevskaia, for premises operating as EXTAZ BAR AND LOUNGE, 7700 Bathurst Street, Unit 43 & 44, Thornhill, Ontario, L4J 7Y3 , licence number 804059;
AND WHEREAS the licensee was represented by agent Ilya Aharon, and waived her right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Letter of Authorization (Exhibit #1), and Agreed Statement of Facts (Exhibit #2) and Joint Submission on Disposition (Exhibit #3) submitted by counsel for the Registrar and Ilya Aharon, appearing on behalf of the 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:
The Fetal Alcohol Spectrum Disorder sign was not posted and receipts for the sale of liquor in the licensed premises were not available on April 1, 2005, February 11, 2006, and February 18, 2006.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under 30.1(1) of the Liquor Licence Act, and subsection 54(1) of Ontario Regulation 719/90 under the Liquor Licence Act. The Board accepted the withdrawal of all other allegations contained in the Notice of Proposal dated August 2, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Ioulia (Julia) Chpilevskaia, for premises operating as EXTAZ BAR AND LOUNGE, 7700 Bathurst Street, Unit 43 & 44, Thornhill, Ontario, L4J 7Y3, licence number 804059, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on May 27, 2007, and CONTINUE until 2:00 a.m. on June 8, 2007.
DATED AT TORONTO THIS DAY OF 2007.
ALEX MCCAULEY, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
AM/rb
Attached.
EXTAZ BAR & LOUNGE 7700 Bathurst Street, Unit 43 & 44 Thornhill , Ontario, L4J 7Y3 (416) 889-9046 OR (905) 482-9129
January 19, 2007
To Whom It May Concern
Dear Sir or Madam:
Re: Authorization for Ilya Aharon
This letter is to confirm that Mr. Ilya Aharon, is authorized to act as agent for Extaz Bar & Lounge with respect to any issues concerning the Liquor License.
If you have any questions with respect to this letter, please do not hesitate to contact the writer at the above address to telephone number.
Yours truly,
(original signed by)
IOULIA CHPILEVSKAIA The President
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 IOULIA (JULIA) CHPILVSKAIA OPERATING AS EXTAZ BAR AND LOUNGE, 7700 BATHURST ST., UNIT 43 & 44, THORNHILL LICENCE NO. 804059
AGREED STATEMENT OF FACTS
The Licensee, through her Agent, who has been advised of the licensee’s right to legal counsel and has waived that right and Registrar’s Counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated August 2, 2006:
The Fetal Alcohol Spectrum Disorder sign was not posted and receipts for the sale of liquor in the licensed premises were not available on April 1, 2005, February 11, 2006 and February 18, 2006.
Based upon the above-admitted facts, the licence holder admits to violations of section 30.1(1) of the Liquor Licence Act and subsection 45(1) of Revised Regulation 719/90 under the same Act.
The licence holder has no prior record of suspension by the Board.
JOINT SUBMISSION ON DISPOSITION
Whereas the licence holder has no prior record of suspensions by the Board;
The Licensee, through her Agent, who has been advised of the licensee’s right to Legal Counsel and has waived that right and Registrar’s Counsel, jointly submit that the following disposition is appropriate in these circumstances:
A twelve (12) day suspension of liquor licence number 804059 to be served consecutively, within ninety (90) days of today’s date, on dates to be provided to the Manager of Hearings within seven (7) days of today’s date, failing which the Board shall impose dates without further consultation with the Licence Holder.
Should the Board make the findings as set out in the Agreed Statement of Facts and impose the disciplinary action as proposed above, the Registrar shall withdraw the remaining allegation contained in the Notice of Proposal dated august 2, 2006.
Respectfully submitted this 22nd day of January, 2007.
(For) IOULIA (Julia) CHPILEVSKAIA Bryna Kaplan Licence Holder Counsel to the Registrar, AGCO
Ilya Aharon Agent for the Licence Holder