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-
Timezone Bar and Restaurant Inc. O/A Timezone Bar and Restaurant
Licensee
DECISION
Panel: Allan Higdon, Board Member Alex McCauley, Board Member
Decision Date: April 14, 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 ) Joyce Taylor, Representative Timezone Bar and Restaurant Inc., Licensee ) Sanjay Pahuja, Representative
A hearing into Notice of Proposal number 15493 dated August 29, 2007 to suspend liquor licence number 24196 and Notice of Proposal number 15892 dated January 8, 2008 to review an application for licence/refuse to issue a licence for additional areas to Timezone Bar and Restaurant Inc. operating as TIMEZONE BAR AND RESTAURANT, 3426 Bathurst Street, Toronto, Ontario, M6A 2C2, on the basis of alleged violations of subsections 6(2) (h) and 6(2)(d) of the Liquor Licence Act (“LLA”) and section 43 and subsections 45(1), 55(2), 20(1) and 30(c) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, and Supplementary Notices of Proposal number 15884 and 15948 dated December 21, 2007 and January 24, 2008 to revoke the Licence on the basis of alleged violations of subsections 6(2)(d) of the LLA and subsection 34(1) of the O.Reg was held on March 27, 2008 in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and Sanjay Pahuja, 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 March 11, 2007, April 22, 2007, May 6, 2007, June 3, 2007, August, 5, 2007, September 23, 2007 and October 21, 2007, police officers and/or liquor inspectors visited the licensed premises and found between 139 and 279 people in an area licensed for 100 people.
On March 11, 2007, while overcrowded, one of the fire exits for the premises was locked. On April 13, 2007 while the liquor licence was suspended, the suspension placard was not posted. On May 6, 2007 there were drunken patrons in the establishment.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsections 45(1), 50(c) and 55(2) of the O.Reg. The Board accepted the withdrawal of the remaining allegations in the Notices of Proposal and the withdrawal of the Application, as set out in Notice of Proposal 15892, by the Licensee.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Timezone Bar and Restaurant Inc. operating as TIMEZONE BAR AND RESTAURANT, 3426 Bathurst Street, Toronto, Ontario, M6A 2C2 be SUSPENDED for SIXTY (60) consecutive days to COMMENCE at 11:00 a.m. on April 21, 2008 and CONTINUE until 2:00 a.m. on June 20, 2008.
DATED AT TORONTO THIS 14^th^ DAY OF APRIL, 2008.
ALEX MCCAULEY, BOARD MEMBER ALLAN HIGDON, 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 TIMEZONE BAR AND RESTAURANT INC. OPERATING AS TIME ZONE BAR AND RESTAURANT 3426 BATHURST STREET, TORONTO – LICENCE NO. 24196 NOTICE OF PROPOSAL NUMBERS 15493, 15884 and 15948
AND IN THE MATTER OF AN APPLICATION BY TIMEZONE BAR AND RESTAURANT INC. FOR ADDITIONAL LICENSED AREAS AT TIMEZONE BAR AND RESTAURANT, 3426 BATHURST STREET, TORONTO LICENCE NO. 24196 NOTICE OF PROPOSAL NUMBER 15892
AGREED STATEMENT OF FACTS
The Licensee, who has been advised by counsel, agrees with Registrar’s counsel to the following faces in relation to the Notice of Proposal to Suspend a Licence dated August 29, 2007, the Supplementary Notice of Proposal to Revoke a Licence dated December 21, 2007 and the Supplementary Notice of Proposal to Revoke a Licence dated January 24, 2008:
On March 11, 2007, April 22, 2007, May 6, 2007, June 3, 2007, August, 5, 2007, September 23, 2007 and October 21, 2007, police officers and/or liquor inspectors visited the licensed premises and found between 139 and 279 people in an area licensed for 100 people.
On March 11, 2007, while overcrowded, one of the fire exits for the premises was locked. On April 13, 2007 while the liquor licence was suspended, the suspension placard was not posted. On May 6, 2007 there were drunken patrons in the establishment.
Based on the aforementioned facts, the licensee admits to have breached sections 43, 45(1), 50(c), and 55(2) of Ontario Revised Regulation 719/90, as amended, and enacted pursuant to the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee previously served a ten (10) day suspension in April 2007 for breaching s. 45(1) of O.Reg 719/90;
The Licensee, who has been advised by counsel, and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
A sixty (60) day suspension of liquor licence 24196, which shall be served on dates to be provided to the Manager of the Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., 3^rd^ Floor, Toronto, Ontario, M2N 0A4 within seven days of today’s date, failing which the Board shall set the dates of the suspension without further notice to the Licensee. The suspension cannot commence for at least twenty (20) following notification and the majority of the suspension must be completed within ninety (90) days of today’s date.
The Licensee shall withdraw the application to increase capacity which is set out in Notice of Proposal 15892.
Should the board accept the Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the Registrar shall withdraw all remaining allegations set out in the Notices of Proposal 15493, 15884 and 15948.
Respectfully submitted this 27th day of March, 2007.
TIMEZONE BAR AND RESTAURANT INC.
Norberto Agtarap Joyce A. Taylor “I have authority to bind the Corporation”. Counsel for the Registrar
Sanjay Pahuja Counsel for the Licensee