ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The :
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
1701243 Ontario Inc. O/A Sugar Lounge
Licensee
DECISION
Panel: Brian J. Ford, Board Member
Decision Date: March 6, 2008
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative 1701243 Ontario Inc., Licensee ) Michael Boothe, Representative
1. A teleconference hearing into Notice of Proposal number 15726 dated December 10, 2007 to revoke liquor licence number 24153 issued to 1701243 Ontario Inc. operating as SUGAR LOUNGE, 1085 Bellamy Road North, Units 4, 5 & 6, Scarborough, Ontario, M1H 3C7, on the basis of alleged violations of clauses 6(2)(d) and 6(2)(e) of the Liquor Licence Act (“LLA”) was held on March 3, 2008 in the City of Toronto.
2. Richard Kulis, Registrar’s Representative, and Michael Boothe, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
The Licence holder provided false information to the Commission at the time of the licence application by failing to disclose that he had three partners in the business. When the Commission’s investigators questioned the licensee, the licensee presented the investigators with three Promissory Notes which falsely indicated that the partners were mere investors. The licensee has now shown remorse and has taken steps to conform with the Liquor Licence Act. The licensee has bought out two partners and the third partner will apply with the licensee for a transfer of the licence into the correct corporate structure.
3. Based on the Agreed Statement of Facts, the Board found the Licensee breached clause 6(2)(e) of the LLA. The Board accepted the withdrawal of the remaining allegation.
Order
4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1701243 Ontario Inc. operating as SUGAR LOUNGE, 1085 Bellamy Road North, Units 4, 5 & 6, Scarborough, Ontario, M1H 3C7, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on April 14, 2008 and CONTINUE until 2:00 a.m. on May 5, 2008.
DATED AT TORONTO THIS 6th DAY OF MARCH, 2008.
BRIAN J. FORD, BOARD MEMBER
BJF/cp
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1701243 ONTARIO INC. OPERATING AS SUGAR LOUNGE, 1085 BELLAMY ROAD NORTH, UNITS 4, 5 AND 6, SCARBOROUGH LICENCE NUMBER 24153 NOTICE OF PROPOSAL NUMBER 15726
Agreed Statement Of Facts
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and the Registrar’s representative agree to the following:
The licence holder provided false information to the Commission at the time of the licence application by failing to disclose that he had three partners in the business. When the Commission’s investigators questioned the licensee, the licensee presented the investigators with three Promissory Notes which falsely indicated that the partners were mere investors. The licensee has now shown remorse and has taken steps to conform with the Liquor Licence Act. The licensee has bought out two partners and the third partner will apply with the licensee for a transfer of the licence into the correct corporate structure.
Based on the facts in paragraph 1, the licence holder admits to a violation of clause 6(2)(e) of the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding Disposition
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
A twenty-one (21) day suspension of the liquor licence to start at 11:00 am on Monday, April 14, 2008 until 2:00 am on Monday, May 5, 2008.
Should the Board members make the findings as agreed to and impose the disposition as submitted, then the Registrar’s representative will withdraw the remaining allegation in the Notice of Proposal of December 10, 2007.
Dated in Toronto this 3rd day of March, 2008
for the licence holder Richard E. Kulis, for the Registrar of the AGCO