Registrar, Alcohol and Gaming Commission Ontario v. 2108450 Ontario Inc. O/A Union Lounge, 2008 CanLII 6177

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-

2108450 Ontario Inc. O/A Union Lounge

Licensee

DECISION

Panel: S. Grace Kerr, Board Member

Decision Date: January 17, 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 2108450 Ontario Inc., Licensee ) Randall Barrs, Representative

1. A hearing into Notice of Proposal number 15450 dated July 13, 2007, a Supplementary Notice of Proposal date July 23, 2007 and an Amended Notice of Proposal dated December 24, 2007 to suspend liquor licence number 201419 issued to 2108450 Ontario Inc., operating as UNION LOUNGE, 240 Richmond Street West, Toronto, Ontario, M5V 1V6, on the basis of alleged violations of subsections 45(1) and 45(2) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), and an alleged violation of conditions 2, 4 and 5 of the liquor licence was held on January 15, 2008 in the City of Toronto.

2. Richard Kulis, Registrar’s Representative, and Randall Barrs, Licensee’s Representative, submitted an Agreed Statement of Facts and Joint Submission on Disposition (together made Exhibit #1) which form part of this decision. It was agreed and admitted that:

   1. Drunken patrons were in the licensed premises on January 21, 2007 and March 3, 2007.

   2. Video cameras as required under the licence condition were not operating on February 3, 2007 and March 3, 2007. Also, security staff on March 3, 2007 were not wearing readily identifiable licence condition.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg and conditions 2 and 5 of the liquor licence. 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 2108450 Ontario Inc., operating as UNION LOUNGE, 240 Richmond Street West, Toronto, Ontario, M5V 1V6, be SUSPENDED for fifteen (15) consecutive days to COMMENCE at 11:00 a.m. on January 28, 2008, and CONTINUE until 2:00 a.m. on February 12, 2008.

DATED AT TORONTO THIS 17^th DAY OF JANUARY 2008.

S. GRACE KERR, BOARD MEMBER

SGK/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 2108450 OPERATING AS UNION LOUNGE, 240 RICHMOND STREET WEST, TORONTO LICENCE NUMBER 0201419

Agreed Statement of Facts

The Licence Holder, having consulted legal counsel, and the Registrar’s representative agree to the following:

1. Drunken patrons were in the licensed premises on January 21, 2007 and March 3, 2007.

2. Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act

3. Video cameras as required under the licence condition were not operation on February 3, 2007 and March 3, 2007. Also, security staff on March 3, 2007 were not wearing readily identifiable clothing as required under the licence condition.

4. Based on the facts in paragraph 3, the licence holder admits to violations of the following licence conditions

Condition 2, Security staff shall wear clothing readily identifiable as such;

Condition 5, The licensee shall install and maintain video cameras attached to a recording system at the exit and entrance, and shall retain video records for 30 days.

5. 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:

1. A fifteen (15) day suspension of the liquor licence.

2. Should the Board members make the findings as agreed to and impose the disposition as submitted, then the Registrar’s representative will withdraw the remaining allegation in the Amended Notice of Proposal of December 14, 2007.

Dated in Toronto this 15^th day of January, 2008.

for the licence holder Richard E. Kulis, for the Registrar of the AGCO