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-
2039027 Ontario Limited O/A Esperado
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: June 2, 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
2039027 Ontario Limited, Licensee ) Robert Plouffe, Representative
[1]. A teleconference hearing into Notice of Proposal number 16030 dated February 26, 2008, to suspend liquor licence number 807508 issued to 2039027 Ontario Limited operating as ESPERADO, 6321 Yonge Street, 2nd Floor, North York, Ontario, M2M 3X7, on the basis of alleged violations of section 29 and subsection 45(1) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the Liquor Licence Act ("LLA") was held on May 22, 2008, in the City of Toronto.
[2]. Phillip Morris, Registrar's Representative, and Robert Plouffe, 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 June 7, 2007 and June 19, 2007, there were drunken patrons in the licensed premises. Signs of service were not cleared at 4:17 a.m. on June 7, 2007.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 45(1) of the O.Reg.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2039027 Ontario Limited operating as ESPERADO, 6321 Yonge Street, 2nd Floor, North York, Ontario, M2M 3X7, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on June 30, 2008, and CONTINUE until 2:00 a.m. on July 7, 2008.
DATED AT TORONTO THIS 2nd DAY OF JUNE, 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/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 2039027 ONTARIO LIMITED OPERATING AS ESPERADO, 6321 YONGE ST. 2ND FLOOR, TORONTO
LICENCE NO. 807508
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
FEBRUARY 26, 2008 (No. 16030)
AGREED STATEMENT OF FACTS
The licensee, after consultation with an agent and having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
On June 7, 2007 and June 19, 2007, there were drunken patrons in the licensed premises. Signs of service were not cleared at 4:17 a.m. on June 7, 2007.
Based on paragraph 1, the licensee breached s. 45(1) and 29 of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with an agent and 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. 807505 for a period of 7 days.
DATED AT TORONTO THIS 25TH DAY OF APRIL, 2008.
RESPECTFULLY SUBMITTED,
So Chol Kim Phillip Morris
licensee for Registrar's Counsel