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-
Premathas (Siven) Karunananthan O/A Crown and Tiger (Lips)
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Alex McCauley, Board Member Jacqueline Castel, Board Member
Decision Date: May 23, 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 ) Daniel Alakas, Representative
Premathas (Siven) Karunananthan, Licensee ) Karen Zvulony, Representative
A hearing into Notice of Proposal number 15977 dated January 31, 2008 and Amended Notice of Proposal number 16129 dated March 18, 2008 to suspend liquor licence number 202083 issued to Premathas (Siven) Karunananthan operating as CROWN AND TIGER (LIPS), 414 College Street, Toronto, Ontario, M5T 1T3, on the basis of alleged violations of section 29 and subsections 25(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on May 9, 2008 in the City of Toronto.
Daniel Alakas, Registrar’s Representative, and Karen Zvulony, 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:
During a routine liquor inspection on August 18, 2007, inspectors observed a male in the licensed establishment still consuming alcohol after 2:00 a.m. The inspectors also observed numerous beer cans around the licensed premises.
During a routine liquor inspection, on August 26, 2007, inspectors observed an intoxicated male patron in the licensed premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 25(1) and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
The Licensee has failed to propose suspension dates in the required timeline contained in the Joint Submission on Disposition. By letter dated May 21, 2008, the Board requested suspension dates from counsel for the Licensee, failing receipt of which, the Board reserved the right to impose suspension dates without further consultation to the Licensee. The Licensee failed to respond.
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Premathas (Siven) Karunananthan operating as CROWN AND TIGER (LIPS), 414 College Street, Toronto, Ontario, M5T 1T3, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on June 12, 2008 and CONTINUE until 2:00 a.m. on June 30, 2008.
DATED AT TORONTO THIS 23rd DAY OF MAY, 2008.
ALEX MCCAULEY, BOARD MEMBER DAVID C. GAVSIE, CHAIR, AGCO
JACQUELINE CASTEL, BOARD MEMBER
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 PREMATHAS (SIVEN) KARUNANANTHAN OPERATING AS CROWN AND TIGER (LIPS), FORMERLY KNOWN AS COLLEGE STREET DINER, 414 COLLEGE ST., TORONTO LICENCE NO. 202083
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 16129 ISSUED MARCH 18, 2008.
AGREED STATEMENT OF FACTS
The Licence Holder, after having consulted with counsel and the Registrar agree to the following facts:
During a routing liquor inspection on August 18, 2007, Inspectors observed a male in the licensed establishment still consuming alcohol after 2:00 a.m. The Inspectors also observed numerous beer cans around the licensed premises.
Based on the aforementioned facts, the licensee admits to having breached Section 25(1) of the Ontario Regulation 719/90 by allowing liquor to be served in the licensed premises outside of prescribed hours.
During a routine liquor inspection, on August 26, 2007, Inspectors observed an intoxicated male patron in the licensed premises.
Based on the abovementioned facts, the licensee admits to having breached Section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur within the licensed premises.
The licensee has taken steps to ensure that these violations do not occur in the future.
JOINT SUBMISSIONS ON DISPOSITION
The Licensee after consulting with counsel and the Registrar’s Representative jointly submit that the following disposition is appropriate in the circumstances:
There shall be an eighteen (18) day suspension of liquor licence number 202083.
The eighteen (18) day suspension of liquor licence number 202083 shall be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, ON, M2N 0A4, fax: (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
If the Board accepts the Agreed Statement of Facts and the Joint Submissions on Disposition as submitted, the Registrar will withdraw the remaining allegation from NOP.
DATED AT TORONTO, THIS 9TH DAY OF MAY 2008
RESPECTFULLY SUBMITTED,
Karen ZVULONY Daniel ALAKAS
Counsel for Licence Holder Registrar’s Representative