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-
1660155 Ontario Inc. O/A Elbow Room
Licensee
DECISION
Panel: David C. Gavsie, Chair of AGCO Bruce Monteith, Chair of Panel
Decision Date: February 27, 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 ) Joyce Taylor, Representative 1660115 Ontario Inc., Licensee ) John G. Wilson, Representative
A hearing into Notice of Proposal number 15691 dated October 15, 2007 to suspend liquor licence number 203434 issued to 1660115 Ontario Inc. operating as ELBOW ROOM, 295 Enfield Place, Mississauga, Ontario, L5B 3E2, on the basis of an alleged violation of section 50(a) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on February 11, 2008 in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and John G. Wilson, 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 April 1, 2007 the Licensee operated a night club in violation of the Mississauga zoning by-law, which only permits a restaurant to operate at that location.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 50(a) of the O.Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1660115 Ontario Inc. operating as ELBOW ROOM, 295 Enfield Place, Mississauga, Ontario, L5B 3E2, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on March 30, 2008, and CONTINUE until 2:00 a.m. on April 17, 2008.
DATED AT TORONTO THIS 27th DAY OF FEBRUARY, 2008.
DAVID C. GAVSIE, CHAIR OF AGCO BRUCE MONTEITH, CHAIR OF PANEL
DCG/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
1660115 ONTARIO INC. OPERATING AS GUESS LOUNGE/ELBOW ROOM, 295 ENFIELD PLACE, MISSISSAUGA LICENCE NUMBER 203434
AGREED STATEMENT OF FACTS
The Licensee who has been advised by its representative and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated November 15, 2007:
On April 1, 2007 the Licensee operated a night club in violation of the Mississauga zoning by-law, which only permits a restaurant to operate at that location.
Based on the aforementioned facts, the Licensee admits to have breached section 50(a) of Ontario Revised Regulation 719/90, as amended, and enacted pursuant to the Liquor Licence Act.
The Licensee has advised the Registrar that it is no longer operating as a night club, but has changed its format to that of a restaurant and will continue to operate only as a restaurant under the zoning by-law.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board;
The Licensee who has been advised by its representative and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
An eighteen (18) day suspension of liquor licence 203434 to be served on dates to be provided to the Manager of the Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E.., Suite 300, Toronto, ON, M2N 0A4, fax (416) 326-5566, within seven (7) days of today’s date, failing which the Board shall set the dates of the suspension forthwith without further consultation with the Licensee. The suspension cannot commence for at least twenty days following notification and shall be completed within ninety (90) days of today’s date.
Should the Board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw any remaining allegations set out in the Notice of Proposal to Suspend a Licence dated November 15, 2007.
Respectfully submitted this 11th day of February, 2008
1660115 ONTARIO INC.
Gomer Milan Joyce A. Taylor “I have authority to bind the Corporation” Counsel for the Registrar
J. Gord Wilson Representative for the Licensee