LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: MONTANA 145 John St., Toronto, Ontario M5V 2E4
Licensee: Last Best Place Corp. (The) Licence Number: 802628
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence Dated March 13, 2006
The Proposal alleges that:
(a) contrary to subsection 30(4) of the Liquor Licence Act ("LLA"), 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.
(b) contrary to subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act (the "O. Reg."), 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 and Gaming Commission of Ontario 90 Sheppard Ave. East, 3rd Floor Toronto, Ontario M2N 0A4 January 18, 2007
Presiding
Board Member: Guy Maurice, Board Member
Counsel for the
Registrar: Joyce Taylor
Counsel for the Licensee: Calvin Barry
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 18, 2007 pursuant to a Notice of Proposal dated March 13, 2006 to suspend the licence and to add a condition to the licence issued to Last Best Place Corp. (The) for premises operating as Montana, 145 John St., Toronto, Ontario, M5V 2E4, licence number 802628;
AND WHEREAS the corporate licensee was represented by legal counsel Calvin Barry;
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, 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 November 12, 2005, police officers visited the licensed premises and found that the licence holder did not properly inspect a piece of identification presented by a person who appeared to be under nineteen years of age before serving that person liquor.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under subsection 41 (1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation contained in the Notice of Proposal dated March 13, 2006.
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Last Best Place Corp. (The) for premises operating as Montana, 145 John St., Toronto, Ontario, M5V 2E4, licence number 802628 be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on February 21, 2007 and CONTINUE until 2:00 a.m. on February 24, 2007.
DATED AT TORONTO THIS DAY OF 2007.
GUY MAURICE, BOARD MEMBER
GM/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 LAST BEST PLACE CORP. (THE) OPERATING AS MONTANA, 145 JOHN ST., TORONTO, LICENCE NUMBER 802628
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar's counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated March 13, 2006:
On November 12, 2005, police officers visited the licensed premises and found that the licence holder did not properly inspect a piece of identification presented by a person who appeared to be under nineteen years of age before serving that person liquor.
Based on the aforementioned facts, the Licensee admits to have breached section 41(1) of Ontario Revised Regulation 719/90, as amended and enacted pursuant to the Liquor Licence Act.
The licensee has been exceptionally diligent in taking measures to ensure that this infraction will not take place again, including installing bright lighting at the location where identification is inspected. The licensee is very involved in community-oriented charitable endeavours and is involved in working with the residents of the Entertainment District. The licensee has also been exceptionally cooperative with the Toronto Police Service, including providing assistance with the investigation of matters which are unrelated to his business and the liquor licence industry.
JOINT SUBMISSION ON DISPOSITION
Whereas this licensee has no prior adverse record before the Board.
The Licensee who has been advised by counsel, and Registrar's counsel jointly submit that the following disposition is appropriate in the circumstances:
- A three (3) day suspension of liquor licence 802628, to be served on dates to be provided in writing to the Manager of the Hearings Section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Avenue East, Suite 300, Toronto, Ontario, M2N 0A4, fax: (416)326-5566 within seven (7) days of today's date, failing which the Board shall set the suspension dates without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within on hundred and twenty (120) days of today's date. The suspension must include a Friday, but shall not include April 14, 2007 (Good Friday).
- Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations set out in the Notice of Proposal to Suspend a Licence dated March 13, 2006.
Respectfully submitted this 18th day of January, 2007.
THE LAST BEST PLACE CORP.
Larry Sdao Joyce A. Taylor "I have authority to bind the Corporation." Counsel for the Registrar
Calvin Barry Counsel for the Licensee