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-
G Spot Bistro Inc. O/A G Spot Bistro
Licensee
DECISION
Panel: Dianne Axmith, Board Member Eleanor Meslin, Board Member
Decision Date: July 30, 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 ) Brad Alton, Representative G Spot Bistro Inc., Licensee ) Nimalan Ratnam
A hearing into Notice of Proposal number 16004 dated February 11, 2008 to suspend liquor licence number 807011 issued to G Spot Bistro Inc. operating as G SPOT BISTRO, 2183 – 2185 Danforth Avenue, Toronto, Ontario, M4C 1K4, on the basis of alleged violations of section 29 and subsection 25(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on July 14, 2008 in the City of Toronto.
Nimalan Ratnam is the owner, officer, and director of the Licensee. He appeared on his own behalf and waived the right to legal representation.
Brad Alton, 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 August 26, 2007, at approximately 4:21 a.m., liquor had been served and patrons were consuming in the licensed premises. On September 2, 2007, patrons were still consuming liquor at 3:57 a.m.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsection 25(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 G Spot Bistro Inc. operating as G SPOT BISTRO, 2183 – 2185 Danforth Avenue, Toronto, Ontario, M4C 1K4, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on September 14, 2008, and CONTINUE until 2:00 a.m. on September 21, 2008.
DATED AT TORONTO THIS 30th DAY OF JULY, 2008.
DIANNE AXMITH, BOARD MEMBER ELEANOR MESLIN, BOARD MEMBER
DA/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 G SPOT BISTRO INC., OPERATING AS G SPOT BISTRO 2183 – 2185 DANFORTH AVENUE, TORONTO LICENCE NUMBER 807011 NOTICE OF PROPOSAL NUMBER 16004
Agreed Statement of Facts
The Licence Holder, who is not represented by legal counsel today, 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 Registrar’s Counsel agree to the following with respect to the Notice of Proposal to Suspend a Licence dated February 11, 2008:
On August 26, 2007, at approximately 4:21 a.m., liquor had been served and patrons were consuming in the licensed premises. On September 02, 2007, patrons were still consuming liquor at 3:57 a.m.
Based on the facts in paragraph 1, the licence holder admits to violations of Subsection 25(1) and s.29 of Ontario Regulation 719/90 under the Liquor Licence Act.
The licensee has no prior adverse record with the commission.
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 G SPOT BISTRO INC., OPERATING AS G SPOT BISTRO 2183 – 2185 DANFORTH AVENUE, TORONTO LICENCE NUMBER 807011 NOTICE OF PROPOSAL NUMBER 16004
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 Agent submit that the following disposition is appropriate in these circumstances:
- There shall be a SEVEN (7) day suspension of liquor licence number 807011 to be served on dates acceptable to the Board and to be provided to the Manager of Hearings within SEVEN (7) days of today’s date, failing which dates shall be imposed by the Board without further consultation with the Licensee.
Dated at Toronto this 14th day of July, 2008.
Nimalan Ratnam Brad Alton, Counsel for the Licence Holder Registrar of the AGCO
“I have authority to bind the corporate licensee”