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-
VC’s Bar & Grill Ltd. O/A VC’s Bar & Grill
Licensee
DECISION
Panel: Dianne Axmith, Board Member Beryl Ford, Board Member
Decision Date: January 8, 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 ) Daniel Alakas, Representative
VC’s Bar & Grill Ltd., Licensee ) Ira Greenspoon, Representative
A hearing into Notice of Proposal number 15047 dated March 14, 2007, to suspend liquor licence number 24630 issued to VC’s Bar & Grill Ltd., operating as VC’s Bar & Grill, 2520 Jane Street, North York, Ontario, M3L 1S1, on the basis of an alleged violation of subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA), was held on December 17, 2007 in the City of Toronto.
Daniel Alakas, Registrar’s Representative, and Ira Greenspoon, 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 October 14, 2006, two drunken patrons were in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to VC’s Bar & Grill Ltd., operating as VC’s Bar & Grill, 2520 Jane Street, North York, Ontario, M3L 1S1, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on February 25, 2008 and CONTINUE until 2:00 a.m. on March 17, 2008.
DATED AT TORONTO THIS 8th DAY OF January , 2008.
DIANNE AXMITH, BOARD MEMBER BERYL FORD, BOARD MEMBER
DA/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 VC’S BAR & GRILL LTD., OPERATING AS VC’S BAR & GRILL, 2520 JANE STREET, NORTH YORK
LICENCE No. 24630
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 15047 ISSUED MARCH 14, 2007
AGREED STATEMENT OF FACTS
The Licensee, after consulting with counsel, and the Registrar’s representative agree to the following facts:
On October 14, 2006 two drunken patrons were in the licensed premises.
Based on the above mentioned facts, the licensee admits to having breached Section 45(1) of Ontario Regulation 719/90 by permitting drunkenness to occur in the licensed premises.
The licensee has shown remorse and has cooperated with the Commission. The licensee has taken steps to ensure that these violations do not occur in the future.
The licensee has served prior suspensions of twenty-one (21) days in February 2007, seventeen (17) days in April 2006, fourteen (14) days in August 2004 and seven (7) days in January 2002.
…/2
JOINT SUBMISSION ON DISPOSITION
The Licensee, after consulting with counsel, and the Registrar’s representative jointly submit that the following disposition is appropriate in the circumstances:
- There shall be a twenty-one (21) day suspension of liquor licence 24630 to be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, Ontario, M2N 0A4, fax (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee. The suspension cannot commence for at least twenty (20) days following notification must be completed within ninety (90) days of today’s date.
DATED AT TORONTO, THIS 17th DAY OF DECEMBER, 2007
RESPECTFULLY SUBMITTED,
For the licence holder Daniel ALAKAS
“I have authority to bind the licensee” Registrar’s Representative