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 of Ontario
Registrar
-and-
2042287 Ontario Inc. O/A Blurr Night Club
Licensee
DECISION
Panel: Joan Lougheed, Board Member Alex McCauley, Board Member
Decision Date: October 23, 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
2042287 Ontario Inc., Licensee ) Jerry Levitan, Representative
1. A hearing into Notice of Proposal number 15964 dated February 6, 2008, Notice of Proposal number 16162 dated April 4, 2008, Notice of Proposal number 16332 dated May 29, 2008, and Notice of Proposal number 16556 dated August 14, 2008, to suspend liquor licence number 804312 issued to 2042287 Ontario Inc., (the “Licensee”), operating as BLURR NIGHT CLUB, 214/216 Adelaide Street West, Toronto, Ontario, M5H 1W7, (the “premises”), on the basis of alleged violations of section 43 and subsections 45(1) and 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act, was held on October 20, 2008, in the City of Toronto.
2. Phillip Morris, Registrar’s Representative, and Jerry Levitan, 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 June 9, 2007, November 10, 2007, February 17, 2008, and April 25, 2008, there were drunken patrons in the licensed premises.
On the following dates, there were the following number of people in the premises licensed for 173 people:
August 11, 2007 314
November 10, 2007 300
February 16, 2008 292
March 29, 2008 289
- On August 11, 2007, a patron smoked marijuana in the licensed premises.
3. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsections 45(1) and 45(2) of the O. Reg. The Board accepted the withdrawal of the remaining allegations in the Notices of Proposal and the letters of incident issued July 16, 2008 and September 24, 2008.
Order
4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 804312 issued to 2042287 Ontario Inc., operating as BLURR NIGHT CLUB, 214/216 Adelaide Street, Toronto, Ontario, M5H 1W7, be SUSPENDED for THIRTY-FIVE (35) consecutive days to COMMENCE at 11:00 a.m. on November 2, 2008, and CONTINUE until 2:00 a.m. on December 7, 2008.
DATED AT TORONTO THIS 23rd DAY OF October , 2008.
JOAN LOUGHEED, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
JL/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 2042287 ONTARIO INC. OPERATING AS BLURR NIGHT CLUB, 214/216 ADELAIDE STREET, TORONTO
LICENCE NO. 804312
AND IN THE MATTER OF NOTICES OF PROPOSAL ISSUED FEBRUARY 6, 2008 (No. 15964), APRIL 4, 2008 (No. 16162), MAY 29, 2008 (No. 16332) and AUGUST 14, 2008 (No. 16556) as amended
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On June 9, 2007, November 10, 2007, February 17, 2008, and April 25, 2008, there were drunken patrons in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90.
On the following dates, there were the following number of people in the premises licensed for 173 people:
August 11, 2007 - 314
Nov. 10, 2007 - 300
Feb. 16, 2008 - 292
March 29, 2008 - 289
- Based on paragraph 3, the licensee breached s. 43 of Ont. Reg. 719/90.
5. On August 11, 2007, a patron smoked marijuana in the licensed premises.
6. Based on paragraph 5, the licensee breached s. 45(2) of Ont. Reg. 719/90.
7. The licensee has shown remorse and co-operated with the Commission.
8. The licensee has no prior record of discipline imposed by the Board.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 804312 for a period of 35 days commencing at 11:00 a.m. on Nov. 2, 2008 and ending at 2:00 a.m. on December 7, 2008.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notices of Proposal and the letters of incident issued July 16, 2008 and September 24, 2008.
DATED AT TORONTO THIS 20TH DAY OF OCTOBER, 2008.
RESPECTFULLY SUBMITTED,
Moise Bensadoun Phillip Morris
for Registrar’s Counsel
licensee