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-
1679319 Ontario Limited O/A C Club Karaoke & Lounge
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair Guy Maurice, Board Member
Decision Date: August 1, 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 1679319 Ontario Limited, Licensee ) Pan Kao Chan
A hearing into Notice of Proposal number 16257 dated May 9, 2008 to suspend liquor license number 805256 issued to 1679319 Ontario Limited operating as C CLUB KARAOKE & LOUNGE, 8261 Woodbine Avenue, Second Floor, Unit 2, Markham, Ontario, L3R 8Z5, on the basis of alleged violations of section 43 and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on July 29, 2008 in the City of Toronto.
Pan Kao Chan is the officer, director and owner of the Licensee. He appeared on behalf of the Corporation and waived the right to legal representation.
Richard Kulis, 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. It was agreed and admitted that:
On November 18, 2007 a drunken patron was permitted in the licensed premises. Also there were 168 people in an area licensed for 140 people.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 45(1) of the O.Reg.
The licence holder has a prior twenty-one (21) day suspension for overcrowding and permit drunkenness served in April 2007.
The licensee has sold the business and the new owner-transfer applicant has been operating pursuant to the contracting out provisions of the transfer application since May 2008.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 1679319 Ontario Limited operating as C CLUB KARAOKE & LOUNGE, 8261 Woodbine Avenue, Second Floor, Unit 2, Markham, Ontario, L3R 8Z5, be SUSPENDED for TWENTY-EIGHT (28) consecutive days. This disposition shall be held in abeyance until the transfer application now before the Commission is either terminated for whatever reason or completed and a licence is issued to the present applicant. Should the former occur then the suspension shall be imposed immediately after the termination of the application. Should the latter occur then the suspension shall be entered on the present licensee’s record but not imposed on the present transfer applicant. The transfer application must be completed before October 1, 2008 at which time the transfer will be deemed to be terminated and the suspension imposed, subject to submissions from the transfer applicant and Registrar’s counsel.
DATED AT TORONTO THIS 1^st^ DAY OF AUGUST, 2008.
KIRSTI HUNT, VICE-CHAIR GUY MAURICE, BOARD MEMBER
KH/cp
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1679319 ONTARIO LIMITED OPERATING AS C CLUB KARAOKE & LOUNGE, 8261 WOODBINE AVENUE, SECOND FLOOR, UNIT 2, MARKHAM LICENCE NUMBER 0805256 NOTICE OF PROPOSAL NUMBER 16257
Agreed Statement of Facts
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel, and the Registrar’s representative agree to the following:
On November 18, 2007 a drunken patron was permitted in the licensed premises. Also there were 168 people in an area licensed for 140 people.
Based on the facts in paragraph 1, the licence holder admits to violation of section 43 (overcrowding) and subsection 45(1) (permit drunkenness) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior twenty-one (21) day suspension for overcrowding and permit drunkenness served in April 2007.
the licensee has sold the business and the new owner-transfer applicant has been operating pursuant to the contracting out provisions of the transfer application since May 2008.
-2-
Joint Submission Regarding Disposition
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel, and the Register’s representative submit that the following disposition is appropriate in these circumstances:
- A twenty (28) day suspension of the liquor licence shall be imposed. This disposition shall be held in abeyance until the transfer application now before the Commission is either terminated for whatever reason or completed and a licence is issued to the present applicant. Should the former occur then the suspension shall be imposed immediately after the termination of the application. Should the latter occur then the suspension shall be entered on the present licensee’s record but not imposed on the present transfer applicant. The transfer application must be completed before October 1, 2008 at which time the transfer will be deemed to be terminated and the suspension imposed, subject to submissions from the transfer applicant and Registrar’s counsel.
Dated in Toronto this 29^th^ day of July, 2008
for the licence holder Richard E. Kulis, for the Registrar of the AGCO