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-
1502043 Ontario Inc. O/A Level Night Club
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Alex McCauley, Board Member
Decision Date: March 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 ) Phillip Morris, Representative 1502043 Ontario Inc., Licensee ) Randall Barrs, Representative
A hearing into Notice of Proposal number 15834 dated December 3, 2007 to suspend liquor licence number 809765 issued to 1502043 Ontario Inc. operating as LEVEL NIGHT CLUB, 102 Peter Street, Toronto, Ontario, M5V 2G7 on the basis of alleged violations of subsections 30(1)(2)(3) and (4) of the Liquor Licence Act (“LLA”) and subsection 41(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA was held on March 25, 2008 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Randall Barrs, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. Further, on agreement of the parties and accepted by the Board, an allegation of a violation of subsection 45(1) of the O.Reg arising on February 16, 2008, was included in the matters before the Board. It was agreed and admitted that:
On May 25, 2007, there was an 18 year old consuming liquor in the licensed premises. He produced identification which had been blatantly altered. On February 16, 2008, there was a drunken patron in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsections 41(1) and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1502043 Ontario Inc. operating as LEVEL NIGHT CLUB, 102 Peter Street, Toronto, Ontario, M5V 2G7, be SUSPENDED for THIRTEEN (13) consecutive days to COMMENCE at 11:00 a.m. on April 6, 2008 and CONTINUE until 2:00 a.m. on April 19, 2008.
DATED AT TORONTO THIS 27th DAY OF MARCH, 2008.
ALEX MCCAULEY, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
AM/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 1502043 ONTARIO INC. OPERATING AS LEVEL NIGHT CLUB, 102 PETER STREET, TORONTO
LICENCE NO. 0809765
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED DEC. 3, 2007 AS AMENDED
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On May 25, 2007, there was an 18 year old consuming liquor in the licensed premises. He produced identification which had been blatantly altered. On Feb. 16, 2008, there was a drunken patron in the licensed premises.
Based on paragraph 1, the licensee breached s. 30(4) of the Liquor Licence Act and s. 41(1) and 45(1) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended in 2006 for 17 days for similar breaches.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, 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. 0809765 for a period of 13 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 25TH DAY OF MARCH, 2008.
RESPECTFULLY SUBMITTED,
Randall Barrs Phillip Morris
Counsel for Registrar’s Counsel
Licensee Linda Cavalieri