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-
Late Night Inc. O/A New January Family Restaurant
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: April 9, 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
Late Night Inc., Licensee ) Michael Boothe, Representative
A teleconference hearing into Notice of Proposal number 15736 dated October 31, 2007 and Notice of Proposal Number 15963 dated January 29, 2008 to revoke liquor licence number 200332 issued to Late Night Inc. operating as NEW JANUARY FAMILY RESTAURANT, 603 Kennedy Road, Scarborough, Ontario, M1K 2B2 on the basis of alleged violations of sections 16 and 29 and clause 6(2)(d) of the Liquor Licence Act (“LLA”) and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, and a Supplementary Notice of Proposal number 16065 dated February 26, 2008 to revoke the Licence on the basis of alleged violations of section 29 of the O.Reg was held on April 8, 2008 in the City of Toronto.
Daniel Alakas, Registrar’s Representative, and Michael Boothe, 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:
One of the principals for the corporate licence holder, Vasini Jeevarajah, has been deceased since November 27, 2005. No application for transfer of ownership was made for over two years.
On September 3, 2007, police responded to a report of an assault at the establishment. The male complainant was found to be intoxicated and admitted to consuming alcohol at the licensed establishment for several hours. While investigating the complaint police observed another intoxicated male in the establishment who had been served liquor despite his intoxicated condition. Further police investigation in response to witness information revealed that the manager of the establishment was involved in illegal gambling activities through taking bets from patrons on sports games.
On December 22, 2007, at 3:16 a.m., during a routine liquor inspection, an inspector observed that two beer bottles were visible in the seating area and bar area of the licensed premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached sections 16 and 29 of the LLA and section 29 and subsection 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 Late Night Inc. operating as NEW JANUARY FAMILY RESTAURANT, 603 Kennedy Road, Scarborough, Ontario, M1K 2B2, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on May 26, 2008, and CONTINUE until 2:00 a.m. on June 25, 2008.
Further, The Board ORDERS that the following condition be attached to the licence:
“Sivasothyrajah Ganesalingam shall not enter the licensed premises for any purpose.”
DATED AT TORONTO THIS 9^th^ DAY OF APRIL, 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 LATE
NIGHT INC. OPERATIIN AS NEW JANUARY FAMILY
RESTAURANT, 603 KENNEDY ROAD, SCARBOROUGH
LICENCE NO. 0200332
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO.
15736 ISSUED OCTOBER 31, 2007, NOTICE OF PROPOSAL
NO. 15963 ISSUED JANUARY 29, 2008 AND
SUPPLEMENTARY NOTICE OF PROPOSAL NO. 16065
ISSUED FEBRUARY 26, 2008.
AGREED STATEMENT OF FACTS
The licensee, after having consulted with an agent and after being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
One of the principals for the corporate licence holder, Vasini Jeevarajah, has been deceased since November 27, 2005. No application for transfer of ownership was made for over two years.
Based on the aforementioned facts, the licensee admits to having breached Section 16 of the Liquor Licence Act in that the licensee kept for sale and sold liquor without transferring the licence despite a change in ownership.
On September 3, 2007, Police responded to a report of an assault at the establishment. The male complainant was found to be intoxicated and admitted to consuming alcohol at the licensed establishment for several hours. While investigating the complaint Police observed another intoxicated male in the establishment who had been served liquor despite his intoxicated condition. Further Police investigation in response to witness information revealed that the manager of the establishment was involved in illegal gambling activities through taking bets from patrons on sports games.
Based on the above mentioned facts, the licensee admits to having breached Section 45(1) Ontario Regulation 719/90 by permitting drunkenness in the licensed establishment.
Based on the above mentioned facts, the licensee admits to having breached Section 29 of the Liquor Licence Act by permitting liquor to be sold or supplied to a person who was or appeared to be intoxicated.
Based on the above mentioned facts, the licensee admits to having breached Section 45(1) of Ontario Regulation 719/90 by permitting unlawful gambling to occur in the licensed premises.
On December 22, 2007, at 3:16am, during a routine liquor inspection, an Inspector observed that two beer bottles were visible in the seating area and bar area of the licensed premises.
Based on the above mentioned facts, the licensee admits to having breached Section 29 of Ontario Regulation 719/90 by failing to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.
The licensee has no prior record of suspensions imposed by the Board.
The notice of change in ownership for an Ontario Corporation has been filed with the Ministry of Government Services.
The application for transfer of ownership has been filed with the AGCO.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consulting with an agent and after having been advised of the right to counsel and having waived that right, and the Registrar’s Representative jointly submit that the following disposition is appropriate in the circumstances:
There shall be a thirty (30) day suspension of liquor licence number 0200332.
The thirty (30) day suspension of liquor licence number 0200332 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 1A4, 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.
There shall be a condition added to the liquor licence that SIVASOTHYRAJAH GANESALINGAM shall not enter the licensed premises for any purpose.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in Notice of Proposals #15736, 15963 and 16065.
DATED AT TORONTO, THIS 8^TH^ DAY OF APRIL, 2008.
RESPECTFULLY SUBMITTED,
Michal BOOTHE Daniel ALAKAS
Agent for Licence Holder Registrar’s Representative