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-
1681006 Ontario Inc. O/A Embassy Nightclub Licensee
DECISION
Panel: Brian J. Ford, Board Member
Decision Date: January 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 ) Richard Kulis, Representative
1681006 Ontario Inc., Licensee ) Adam Vassos, Representative
[1]. A hearing into Notice of Proposal number 15490 dated August 2, 2007, to suspend liquor licence number 806726 issued to 1681001 Ontario Inc., operating as Embassy Nightclub, 117 Peter Street, Basement, Toronto, Ontario, M5V 2G9, on the basis of alleged violations of subsection 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, was held on January 7, 2008, in the City of Toronto.
[2]. Richard Kulis, Registrar’s Representative, and Adam Vassos, 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 31, 2007 three drunken patrons were in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1681001 Ontario Inc., operating as Embassy Nightclub, 117 Peter Street, Basement, Toronto, Ontario, M5V 2G9, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on January 22, 2008, and CONTINUE until 2:00 a.m. on February 1, 2008.
DATED AT TORONTO THIS 14th DAY OF January, 2008.
BRIAN J. FORD, BOARD MEMBER
BJF/ee
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 1681006 ONTARIO INC. OPERATING AS EMBASSY
NIGHTCLUB, 117 PETER STREET, BASEMENT
TORONTO
LICENCE NUMBER 0806726
NOTICE OF PROPOSAL NUMBER 15490
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and the Registrar’s representative agree to the following:
On March 31, 2007 three drunken patrons were in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar’s representative submit that the following disposition is appropriate in these circumstances:
- A ten (10) day suspension of the liquor licence.
Dated in Toronto this day of January, 2008.
for the licence holder Richard E. Kulis, for the Registrar
of the AGCO