Registrar, Alcohol and Gaming Commission of Ontario v. 2006546 Ontario Inc. O/A Clinton’s, 2008 CanLII 91784

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-

2006546 Ontario Inc. O/A Clinton’s

Licensee

DECISION

Panel: Patricia McQuaid, Vice-Chair Beryl Ford, Board Member

Decision Date: September 18, 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 2006546 Ontario Inc., Licensee ) Jerry Levitan, Representative

1. A hearing into Notice of Proposal number 15881 dated December 20, 2007, and Notice of Proposal number 16139 dated March 27, 2008, to suspend liquor licence number 809593 issued to 2006546 Ontario Inc., operating as CLINTON’S, 693 Bloor Street West, Toronto, Ontario, M6G 1L5, on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (LLA), and sections 29 and 52 and subsection 25(1) of Ontario Revised Regulation 719/90 (O.Reg), made pursuant to the LLA, was held on September 11, 2008, in the City of Toronto.

2. Daniel Alakas, 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:

1. On August 26, 2007, at approximately 3:49 a.m., liquor inspectors observed three females inside the establishment, one of whom was consuming wine from a wine glass. These females who were later identified as staff members, initially refused to open the door for the liquor inspectors.

2. On November 10, 2007, at approximately 3:36 a.m., the staff inside the licensed premises initially refused to allow entry to liquor inspectors, during which time the staff members cleared the signs of service and consumption of liquor.

3. On January 7, 2008, at approximately 3:43 a.m., liquor inspectors observed that the signs of the service and consumption of liquor were not cleared from the licensed premises.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA and section 29 and subsection 25(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.

Order

4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 809593, issued to 2006546 Ontario Inc., operating as CLINTON’S, 693 Bloor Street West, Toronto, Ontario, M6G 1L5, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on Friday, January 2, 2009, and CONTINUE until 2:00 a.m. on Friday, January 16, 2009.

DATED AT TORONTO THIS 18th DAY OF September , 2008.

PATRICIA MCQUAID, VICE-CHAIR BERYL FORD, BOARD MEMBER

PM/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 2101693 ONTARIO INC., OPERATING AS ESCAPE NIGHTCLUB, 22 DUNCAN ST., TORONTO LICENCE NUMBER 201001

AGREED STATEMENT OF FACTS

The Licensee, after consultation with counsel and the Registrar agree to the following facts:

1. On August 26, 2007 at approximately 3:49 a.m. liquor inspectors observed three females inside the establishment, one of whom was consuming wine from a wine glass. These females who were later identified as staff members, initially refused to open the door for the liquor inspectors.

2. Based on the aforementioned facts, the licensee admits to having breached Section 45(1) of the Liquor Licence Act by obstructing a person carrying out an inspection under the Act.

3. Based on the aforementioned facts, the licensee admits to having breached Section 25(1) of Ontario Revised Regulation 719/90 by allowing liquor to be served in the licensed establishment outside of prescribed hours.

4. Based on the aforementioned facts, the licensee admits to having breached Section 29 of Ontario Revised Regulation 719/90 by failing to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.

5. On November 10, 2007, at approximately 3:36 a.m., the staff inside the licensed premises initially refused to allow entry to liquor inspectors, during which time the staff members cleared the signs of service and consumption of liquor.

6. Based on the aforementioned facts the licensee admits to having breached Section 45(1) of the Liquor Licence Act by withholding, destroying, concealing or refusing to provide relevant information or things required for the purpose of an inspection under the Act.

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7. Based on the aforementioned facts, the licensee admits to having breached Section 29 of Ontario Revised Regulation 719/90 by failing to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.

8. On January 7, 2008, at approximately 3:43 a.m. liquor inspectors observed that the signs of the service and consumption of liquor were not cleared from the licensed premises.

9. Based on the aforementioned facts the licensee admits to having breached Section 29 of Ontario Revised Regulation 719/90 by failing to clear the signs of service and consumption in the licensed premises within 45 minutes after the end of the period during which liquor may be sold and served under the licence.

10. The Licensee has no prior record of discipline imposed by the Board.

11. The Licensee has terminated the employment of all staff members involved in the violations.

12. The Licensee has demonstrated remorse and has taken action to ensure that such problems do not occur in the future.

JOINT SUBMISSIONS ON DISPOSITION

The licensee after consulting with counsel and the Registrar’s representative jointly submit that the following disposition is appropriate in the circumstances:

1. There shall be a fourteen (14) day suspension of liquor licence number 809593 commencing at 11:00 a.m. Friday January 2, 2009, and ending at 2:00 a.m. on Friday, January 16, 2009.

2. The Board, having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in Notices of Proposal # 15881 and # 16139.

DATED AT TORONTO, THIS 11th DAY OF SEPTEMBER 2008

RESPECTFULLY SUBMITTED,

For the licence holder Daniel ALAKAS

“I have authority to bind the licensee” Registrar’s Representative