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-
1548710 Ontario Inc., O/A Mink Nightclub
Licensee
DECISION
Panel: Guy Maurice, Board Member
Decision Date: September 19, 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
1548710 Ontario Inc., Licensee ) Adam Vassos, Representative
1A hearing into Notice of Proposal number 16046 dated February 19, 2008, Notice of Proposal number 16115 dated March 12, 2008, and Notice of Proposal number 16538 dated July 31, 2008, to suspend liquor licence number 200726, issued to 1548710 Ontario Inc., (the “Licensee”), operating as MINK NIGHTCLUB, 150 Pearl Street, Toronto, Ontario, M5H 1L3, on the basis of alleged violations sections 29, 43, 45.1, and subsections 34(1), 45(1), 45(2) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (LLA) and an alleged breach of a condition on the licence, was held on September 16, 2008, in the City of Toronto.
2Richard Kulis, Registrar’s Representative, and Adam Vassos, 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 May 12, 13, August 7, November 25 all in 2007 and February 2 and 23, 2008.
The licensed premises exceeded its lawful capacity of 174 people on May 12 (316 people), 13 (288), August 7 (330), September 8 (260) all in 2007 and February 17, 2008 (247).
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 45(1) of the O. Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 200726, issued to MINK NIGHTCLUB, 150 Pearl Street, Toronto, Ontario, M5H 1L3, be SUSPENDED for FIFTY (50) consecutive days to COMMENCE at 11:00 a.m. on September 28, 2008, and CONTINUE until 2:00 a.m. on November 17, 2008.
DATED AT TORONTO THIS 19th DAY OF September , 2008.
GUY MAURICE, BOARD MEMBER
GM/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
1548710 ONTARIO INC., OPERATING AS MINK NIGHTCLUB, 150 PEARL STREET, TORONTO LICENCE NUMBER 200726 NOTICE OF PROPOSAL 16046, 16115, 16538
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 May 12, 13, August 7, November 25 all in 2007 and February 2 and 23, 2008.
Based on the facts in paragraph 1, the licence holder admits violations of subsection 45(1) of Ontario Revised Regulation 719/90 under the Liquor Licence Act
The licensed premises exceeded its lawful capacity of 174 people on May 12 (316 people), 13 (288), August 7 (330), September 8 (260) all in 2007 and February 17, 2008 (247).
Based on the facts in paragraph 3, the licence holder admits violations of section 43 of Ontario Revised Regulation 719/90 under the Liquor Licence Act
5The licence holder has had a five day suspension in 2004, a 17 day suspension in 2006 and a 30 day suspension in 2007.
6The licence holder is in the process of selling the licensed business. The application for a new liquor licence has been submitted and is near completion. Further an application for an increase in capacity will be submitted.
-2-
Joint Submission Regarding
Disposition
The Licence Holder, having consulted legal counsel, and Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
A fifty (50) day suspension of the liquor licence.
Should the Board make the findings as agreed to and impose the disposition as recommended, Registrar’s counsel will withdraw the remaining allegations in Notices of Proposal 16046, 16115 and 16535. Further it is agreed that upon the above findings being made and above disposition imposed the allegations in Assignment numbers 469918 for March 9, 2008 and 476605 for April 26, 2008 will not be pursued by the Registrar.
Dated in Toronto this 16th day of September 2008
for the licence holder Richard E. Kulis, for the Registrar of the AGCO