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-
1704543 Ontario Inc. O/A Metro Lounge
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Allan Higdon, Board Member
Decision Date: October 17, 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 1704543 Ontario Inc., Licensee ) Randall Barrs, Representative
A hearing into Notice of Proposal (“NOP”) number 16184 dated April 10, 2008, NOP number 16306 dated May 21, 2008, NOP number 16587 dated August 21, 2008 and NOP number 16638 dated September 23, 2008 to suspend liquor licence number 805364 issued to 1704543 Ontario Inc. operating as METRO LOUNGE, 296 Richmond Street West, Toronto, Ontario, M5V 1X2, on the basis of alleged violations of subsections 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on October 14, 2008 in the City of Toronto.
Richard Kulis, Registrar’s Representative, and Randall Barrs, 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:
“Drunken patrons were permitted in the licensed premises on October 4, 2007, November 10, 2007, March 29, 2008 and May 17, 2008.”
- 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 1704543 Ontario Inc. operating as METRO LOUNGE, 296 Richmond Street West, Toronto, Ontario, M5V 1X2, be SUSPENDED for EIGHTEEN (18) consecutive days to COMMENCE at 11:00 a.m. on January 5, 2009 and CONTINUE until 2:00 a.m. on January 23, 2009.
DATED AT TORONTO THIS 17^th^ DAY OF OCTOBER, 2008.
DAVID C. GAVSIE, CHAIR, AGCO ALLAN HIGDON, BOARD MEMBER
AH/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 1704543 ONTARIO INC. OPERATING AS METRO LOUNGE, 296 RICHMOND STREET WEST, TORONTO LICENCE NUMBER 0805634 NOTICES OF PROPOSAL NUMBERS 16184, 16306,
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s Counsel agree to the following:
Drunken patrons were permitted in the licensed premises on October 4, 2007, November 10, 2007, March 29, 2008 and May 17, 2008.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
-2-
Joint Submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and Registrar’s Counsel submit that the following disposition is appropriate in these circumstances:
- An eighteen (18) day suspension of the liquor licence to start at 11:00 am on January 5, 2009 and end at 2:00am on January 23, 2009.
Dated in Toronto this 14^th^ day of October, 2008
for the licence holder Richard E. Kulis, for the Registrar of the AGCO