ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
1666063 Ontario Inc. O/A Coolz Warehouse Grill/Niteclub Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Decision Date: March 10, 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 ) Brad Alton, Representative 1666063 Ontario Inc., Licensee ) Jerry Levitan, Representative
1A teleconference hearing into Notice of Proposal number 15862 dated December 14, 2007 to suspend liquor licence number 10165 issued to 1666063 Ontario Inc. operating as COOLZ WAREHOUSE GRILL/NITECLUB, 668 Talbot Street, St. Thomas, Ontario, N5P 1C8, on the basis of alleged violations of section 29 and subsection 34(2) of the Liquor Licence Act ("LLA") and subsection 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on March 6, 2008 in the City of Toronto.
2Brad Alton, Registrar's Representative, and Jerry Levitan, 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:
On March 4 & 18, 2007, and on April 1, 2007, drunken patrons were in the licensed premises. On March 18, 2007, a fight occurred in the licensed premises and a patron was injured while being removed by security staff. On April 1, 2007, a fight occurred in the licensed premises. On May 12, 2007, patrons on the patio taunted police and threw beer and beer bottles at police as police attempted to remove an individual who assaulted a patron who was outside waiting in line.
On March 18, 2007, a fight occurred in the licensed premises and a patron was removed by security staff with more force than was necessary and sustained an injury to his head.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 34(2) of the LLA and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1666063 Ontario Inc. operating as COOLZ WAREHOUSE GRILL/NITECLUB, 668 Talbot Street, St. Thomas, Ontario, N5P 1C8, be SUSPENDED for NINETEEN (19) consecutive days to COMMENCE at 11:00 a.m. on May 18, 2008, and CONTINUE until 2:00 a.m. on June 6, 2008.
5Further, The Board ORDERS that the following conditions be attached to the licence on consent of the licence holder:
"On the licensed patio all beverages shall be sold and served in soft plastic cups only."
DATED AT TORONTO THIS 10th DAY OF MARCH, 2008.
PATRICIA MCQUAID, VICE-CHAIR PM/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 1666063 ONTARIO INC., OPERATING AS COOLZ WAREHOUSE GRILL/NITECLUB, 668 TALBOT STREET, ST. THOMAS LICENCE NUMBER 10165 NOTICE OF PROPOSAL NUMBER 15862
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel and Registrar's counsel, agree to the following with respect to the Notice of Proposal to Suspend a Licence dated December 14, 2007:
On March 04 & 18, 2007, and on April 01, 2007, drunken patrons were in the licensed premises. On March 18, 2007, a fight occurred in the licensed premises and a patron was injured while being removed by security staff. On April 01, 2007, a fight occurred in the licensed premises. On May 12, 2007, patrons on the patio taunted police and threw beer and beer bottles at police as police attempted to remove an individual who assaulted a patron who was outside waiting in line.
Based on the facts in paragraph 1, the Licence Holder admits to violations of ss.45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On March 18, 2007, a fight occurred in the licensed premises and a patron was removed by security staff with more force than was necessary and sustained an injury to his head.
Based on the facts in paragraph 3, the Licence Holder admits to a violation of ss.34(2) of the Liquor Licence Act.
The Licence Holder has no prior adverse record with the Commission.
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 1666063 ONTARIO INC., OPERATING AS COOLZ WAREHOUSE GRILL/NITECLUB, 668 TALBOT STREET, ST. THOMAS LICENCE NUMBER 10165 NOTICE OF PROPOSAL NUMBER 15862
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel and Registrar's counsel submit that the following disposition is appropriate in these circumstances:
There shall be a NINETEEN (19) day suspension of liquor licence number 10165 to be served consecutively commencing on May 18, 2008, at 11:00 a.m., and ending on June 06, 2008, at 2:00 a.m.
The Licence Holder agrees to the following condition being added to liquor licence number 10165:
"On the licensed patio all beverages shall be sold and served in soft plastic cups only."
- Should the Board members make the finding as agreed to and impose the disposition as submitted, then Registrar's Counsel will withdraw the remaining allegation(s) in the Notice of Proposal of December 14, 2007.
Dated this 3rd day of March, 2008.
Jerry Levitan Brad Alton, Counsel for the Counsel for the Licence Holder Registrar of the AGCO
Alexander (Alex) Petropoulakis Licence Holder
"I have authority to bind the corporate licensee"