ALCOHOL AND GAMING COMMISSION OF ONTARIO

IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended

BETWEEN:

Registrar, Alcohol and Gaming Commission Ontario (Registrar)

-and-

1613799 Ontario Inc. O/A Happy’s Bar and Grill (Licensee)

DECISION

Panel: Guy Maurice, Board Member Allan Higdon, Board Member

Decision Date: January 10, 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 1613799 Ontario Inc., Licensee: Samsul Hassan

1A hearing into Notice of Proposal number 15648 dated September 12, 2007, to suspend liquor license number 202617 issued to 1613799 Ontario Inc., operating as Happy’s Bar and Grill, 498 Horner Avenue, Toronto, Ontario, M8W 2B8, on the basis of alleged violations of subsections 5(1), 45(1) and 45(2) of the Liquor Licence Act (LLA) and subsections 17(2), 20(1), 34(1), 44(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on January 3, 2008, in the City of Toronto.

2Samsul Hassan is the shareholder, officer and director of the Licensee. He appeared on behalf of the Corporation and waived the right to legal representation.

3Phillip Morris, Registrar’s Representative, and the Licensee submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. Further, on agreement of the parties and accepted by the Board, the allegations of a violations of subsections 31(1)(c) and 54(1) of the O. Reg contained in the Letter of Intent dated November 23, 2007, were included in the matters before the Board. It was agreed and admitted that:

1. The licensee advertised free liquor on Nov. 25, 2006, and all you can drink on January 17, 2007.
2. Patrons were consuming liquor in the unlicensed basement party room on February 1, 2007, and April 28, 2007.
3. A liquor inspector was denied access to a liquor storage area on January 17, 2007, and his inspection was interfered with on November 25, 2006
4. There was a drunken patron in the licensed premises on April 28, 2007, and August 18, 2007.
5. The licensee failed to produce liquor receipts for inspection despite repeated requests.
6. The licensee purchased $1261.80 in liquor off licence.

4Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 5(1) and 45(1) of the LLA and subsections 20(1), 31(1)(c), 45(1), and 54(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.

Order

5Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1613799 Ontario Inc., operating as Happy’s Bar and Grill, 498 Horner Avenue, Toronto, Ontario, M8W 2B8, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on February 1, 2008, and CONTINUE until 2:00 a.m. on March 2, 2008.

6Further, the Board orders that the following conditions be attached to the licence on consent:

1. The licensee shall maintain for inspection on the licensed premises liquor sales and purchase receipts for the previous year.
2. The licensee shall ensure that the door to the basement party room is kept unlocked at all times when patrons are in it.

DATED AT TORONTO THIS 10th DAY OF January, 2008.

GUY MAURICE, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER

GM/ee

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 1613799 ONTARIO INC., OPERATING AS HAPPY’S BAR & GRILL, 498 HORNER AVENUE, ETOBICOKE LICENCE NUMBER xxx

AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED SEPTEMBER 12, 2007 AS AMENDED

AGREED STATEMENT OF FACTS

The licensee, having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:

1. The licensee advertised free liquor on Nov. 25, 2006 and all you can drink on January 17, 2007, contrary to s. 20(1) of Ont. Reg. 719/90.
2. Patrons were consuming liquor in the unlicensed basement party room on February 1, 2007 and April 28, 2007, contrary to s. 591) of the Liquor Licence Act.
3. A liquor inspector was denied access to a liquor storage area on January 17, 2007, and his inspection was interfered with on November 25, 2006, contrary to s. 45(1) of the Liquor Licence Act.
4. There was a drunken patron in the licensed premises on April 28, 2007 and August 18, 2007, contrary to s. 45(1) of Ont. Reg. 719/90.
5. The licensee failed to produce liquor receipts for inspection despite repeated requests, contrary to s. 54(1) of Ont. Reg. 719/90.
6. The licensee purchased $1261.80 in liquor off licence, contrary to s. 31(1)(c) of Ont. Reg. 719/90.

7The licensee has shown remorse and co-operated with the Commission.

8The licensee has no prior record of discipline imposed by the Board.

.../2

JOINT SUBMISSIONS ON DISPOSITION

The licensee, 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. 0202617 for a period of 30 days commencing at 11:00 a.m. on February 1, 2008 and ending at 2:00 a.m. on March 2, 2008.

A condition shall be added to the licence:

1. The licensee shall maintain for inspection on the licensed premises liquor sales and purchase receipts for the previous year.
2. The licensee shall ensure that the door to the basement party room is kept unlocked at all times when patrons are in it.

The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.

DATED AT TORONTO THIS 3RD DAY OF JANUARY, 2008.

RESPECTFULLY SUBMITTED,

Samsul Hassan licensee

Phillip Morris for Registrar’s Counsel