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-
Northern Tropics Inc. O/A Northern Tropics Restaurant and Bar Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO Alex McCauley, Board Member Jacqueline Castel, Board Member
Decision Date: June 6, 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 ) Richard Kulis, Representative Northern Tropics Inc., Licensee ) Mitchell Worsoff, Representative
[1]. A hearing into Notice of Proposal number 16323 dated May 22, 2008 to revoke a liquor licence, and an Order dated May 22, 2008 to immediately suspend liquor licence number 803311 issued to Northern Tropics Inc. operating as NORTHERN TROPICS RESTAURANT AND BAR, 880 Ellesmere Road, Unit 202, Toronto, Ontario, M1P 2W6, on the basis of alleged violations of clause 6(2)(d) of the Liquor Licence Act ("LLA") and section 29 and subsections 25(1), 34(1), 45(1), 45(2), 63.1(1), 63(1) and paragraph 50(c) of Ontario Revised Regulation 719/90 ("O.Reg") made pursuant to the LLA, was held on June 3, 2008, in the City of Toronto.
[2]. Richard Kulis, Registrar's Representative, and Mitchell Worsoff, 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:
The signs of the service and consumption of liquor were not cleared from the licensed premises on May 2, 2008 (at 3:00 a.m.) and May 9, 2008 (at 3:00 a.m.). Further a patron removed liquor from the licensed premises on May 9, 2008.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 34(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
[4]. Also, the licence holder has agreed to surrender the caterer's endorsement attached to this liquor licence.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Northern Tropics Inc. operating as NORTHERN TROPICS RESTAURANT AND BAR, 880 Ellesmere Road, Unit 202, Toronto, Ontario, M1P 2W6, be SUSPENDED for THIRTY (30) consecutive days. The suspension time served during the interim suspension, which commenced on May 22, 2008, will be calculated as part of the thirty (30) day suspension period. Accordingly, the suspension period COMMENCED on May 22, 2008 and will CONCLUDE at 2:00 a.m. on June 21, 2008.
[6]. Further, the Board ORDERS the surrender and cancellation of the licence holder's caterer's endorsement.
DATED AT TORONTO THIS 6th DAY OF JUNE, 2008.
JACQUELINE CASTEL, BOARD MEMBER KIRSTI HUNT, VICE-CHAIR
ALEX MCCAULEY, BOARD MEMBER
JC/cp
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF NORTHERN TROPICS INC. OPERATING AS NORTHERN TROPICS RESTAURANT & BAR, 880 ELLESMERE ROAD, UNIT 202, TORONTO LICENCE NUMBER 803311
NOTICE OF PROPOSAL NUMBER 16323
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar's representative agree to the following:
The sings of the service and consumption of liquor were not cleared from the licensed premises on May 2, 2008 (at 3:00 am) and May 9, 2008 (at 3:00 am). Further a patron removed liquor from the licensed premises on May 9, 2008.
Based on the facts in paragraph 1, the licence holder admits to violations of section 29 (fail to clear) and subsection 34(1) (remove liquor) both of Ontario Regulation 719/90 under the Liquor Licence Act
The licence holder has agreed to surrender the caterer's endorsement attached to this liquor licence.
The Licence holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar's representative submit that the following disposition is appropriate in these circumstances:
The Registrar will accept the surrender of the caterer's endorsement and cancels that endorsement.
A thirty (30) day suspension of the liquor licence. An interim suspension of the liquor licence commenced on May 22, 2008. It is the recommendation of licensee's counsel and Registrar's counsel that the suspension time served be calculated as part of the suspension period and that the suspension conclude at 2:00 am on June 21, 2008.
Dated in Toronto this 3rd day of June, 2008.
for the licence holder Richard E. Kulis, for the Registrar of the AGCO