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-
1525921 Ontario Inc. O/A Hy Lounge
Licensee
DECISION
Panel: Dianne Axmith, Board Member
Guy Maurice, Board Member
Decision Date: January 30, 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
1525921 Ontario Inc., Licensee ) David Winer, Representative
A hearing into Notice of Proposal number 15633 dated September 10, 2007 to suspend liquor licence number 807709 issued to 1525921 Ontario Inc. operating as HY LOUNGE, 4909 Yonge Street, Toronto, Ontario, M2N 5N4, on the basis of alleged violations of subsection 30.1(1) of the Liquor Licence Act (“LLA”) and sections 29 and 43 and subsections 44(1) and 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on January 28, 2008 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and David Winer, 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 February 3, 2007 at 3 a.m., signs of service were not cleared. An intoxicated patron was loud and aggressive towards inspectors.
On February 11, 2007, there were 65 people in an area licensed for 51 people. The Fetal Alcohol Spectrum Disorder sign was not posted.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 30.1(1) of the LLA and sections 29 and 43, and subsections 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1525921 Ontario Inc. operating as HY LOUNGE, 4909 Yonge Street, Toronto, Ontario, M2N 5N4, be SUSPENDED for fifteen (15) consecutive days to COMMENCE at 11:00 a.m. on February 10, 2008, and CONTINUE until 2:00 a.m. on February 25, 2008.
DATED AT TORONTO THIS 30th DAY OF JANUARY, 2008.
GUY MAURICE, BOARD MEMBER DIANNE AXMITH, BOARD MEMBER
GM/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
1525921 ONTARIO INC. OPERATING AS HY LOUNGE
4909 YONGE ST., TORONTO
LICENCE NUMBER 807709
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED SEPTEMBER 10, 2007
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On February 3, 2007 at 3 am, signs of service were not cleared. An intoxicated patron was loud and aggressive towards inspectors.
Based on paragraph 1, the licensee breached s. 29 and 45(1) of Ont. Reg. 719/90.
On February 11, 2007, there were 65 people in an area licensed for 51 people. The Fetal Alcohol Spectrum Disorder sign was not posted.
Based on paragraph 3, the licensee breached s. 43 of Ont. Reg 719/90 and 30.1(1) of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
The licensee has no prior record of discipline imposed by the Board.
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page 2
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, 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. 807709 for a period of 15 days.
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 28TH DAY OF JANUARY, 2008.
RESPECTFULLY SUBMITTED,
Hao Yu Yuan Phillip Morris
for Registrar’s Counsel
licensee