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-
1210733 Ontario Inc. O/A Up & Down Bar Lounge
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Guy Maurice, Board Member
Decision Date: March 26, 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 ) Phillip Morris, Representative 1210733 Ontario Inc., Licensee ) Patrick George Hodge
1A hearing into Notice of Proposal number 15758 dated November 15, 2007 and Amended Notice of Proposal number 15970 dated January 31, 2008 to suspend liquor licence number 802333 issued to 1210733 Ontario Inc. operating as UP & DOWN BAR LOUNGE, 270 Adelaide Street West, Toronto, Ontario, M5H 1X6 on the basis of alleged violations of section 43 and subsection 25(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), and an alleged breach of a condition on the liquor licence, was held on February 28, 2008 in the City of Toronto.
2Patrick George Hodge is a shareholder, officer and director of the Licensee. He appeared on behalf of the Corporation and waived the right to legal representation.
3Phillip Morris, Registrar’s Representative, and Mr. Hodge 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:
On September 30, 2006, October 1, 2006 and May 19, 2007 security was not readily identifiable, contrary to a condition on the licence requiring security to be readily identifiable.
On October 1, 2006, the licensee sold liquor at 2:05 a.m.
On March 11, 2007 and May 20, 2007, there were 49 people on premises licensed for 40 people.
4Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 25(1) of the O.Reg, and a condition on its liquor licence. The Board accepted the withdrawal of the remaining factual allegations.
Order
5Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1210733 Ontario Inc. operating as UP & DOWN BAR LOUNGE, 270 Adelaide Street West, Toronto, Ontario, M5H 1X6, be SUSPENDED for TWENTY ONE (21) consecutive days to COMMENCE at 11:00 a.m. on May 6, 2008, and CONTINUE until 2:00 a.m. on May 27, 2008.
DATED AT TORONTO THIS 26th DAY OF MARCH, 2008.
GUY MAURICE, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
GM/cp
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 1210733 ONTARIO INC. OPERATING AS UP & DOWN BAR LOUNGE,
270 ADELAIDE STREET WEST, TORONTO
LICENCE NO. 0802333
AND IN THE MATTER OF AN AMENDED NOTICE OF
PROPOSAL ISSUED JANUARY 31, 2008
AGREED STATEMENT OF FACTS
The licensee, having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On Sept.30, 2006, October 1, 2006 and May 19, 2007 security was not readily identifiable, contrary to a condition on the licence requiring security to be readily identifiable.
Based on paragraph 1, the licensee breached a condition of its licence.
On Oct.1, 2006, the licensee sold liquor at 2:05 am.
Based on paragraph 3, the licensee breached s. 25(1) of Ont. Reg. 719/90.
On Mar 11, 2007 and May 20, 2007, there were 49 people on premises licensed for 40 people.
6Based on paragraph 5, the licensee breached s. 43 of Ont. Reg. 719/90.
7The licensee has shown remorse and co-operated with the Commission.
8The licensee was suspended in 2006 for 20 days for an unrelated breach of the Act and regulations.
page 2
JOINT SUBMISSION ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 802333 for a period of 21 days.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 28TH DAY OF FEBRUARY, 2007.
RESPECTFULLY SUBMITTED,
Patrick George Hodge Phillip Morris
for Registrar’s Counsel
licensee