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-
Kui Ji O/A My Bar & Restaurant
Licensee
DECISION
Panel: S. Grace Kerr, Board Member
Decision Date: July 23, 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 ) Phillip Morris, Representative Kui Ji, Licensee ) On his own behalf
A hearing into Notice of Proposal number 16342 dated May 29, 2008 to suspend liquor licence number 201073 issued to Kui Ji operating as MY BAR & RESTAURANT, 936 Gerrard Street East, Toronto, Ontario, M4M 1Z2, on the basis of alleged violations of subsections 15(1) and 30(4) of the Liquor Licence Act (LLA) and subsections 41(1) and 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on July 18, 2008 in the City of Toronto.
Kui Ji is the owner. He appeared on his own behalf and waived the right to legal representation.
Phillip Morris, 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 April 8, 2007 at 9:21 p.m., there was a 17 year old in the licensed premises, contrary to a condition on the licence prohibiting minors after 9 p.m.
On July 2, 2007, there were a number of intoxicated patrons in the premises, one of whom was injured in a fight.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 15(1) of the LLA and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence 201073 issued to Kui Ji operating as MY BAR & RESTAURANT, 936 Gerrard Street East, Toronto, Ontario, M4M 1Z2, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on September 15, 2008 and CONTINUE until 2:00 a.m. on September 25, 2008.
DATED AT TORONTO THIS 23rd DAY OF JULY, 2008.
S. GRACE KERR, BOARD MEMBER
SGK/sm
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 KUI JI OPERATING AS MY BAR & RESTAURANT, 936 GERRARD ST. EAST , TORONTO
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED MAY 29, 2008
AGREED STATEMENT OF FACTS
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
- On April 8, 2007 at 9:21 p.m., there was a 17 year old in the licensed premises, contrary to a condition on the licence prohibiting minors after 9 p.m.
- Based on paragraph 1, the licensee breached s. 15(1) of the Liquor Licence Act and the condition on the licence that no person under 19 years of age shall be permitted to remain in the licensed premises after 9 p.m.
- On July 2, 2007, there were a number of intoxicated patrons in the premises, one of whom was injured in a fight.
- Based on paragraph 3, the licensee breached s. 45(1) of Ont. Reg. 719/90.
- The licensee has shown remorse and co-operated with the Commission.
- The licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee, having been advised of the right to counsel and having waived that right, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
- The Board shall suspend licence no. 0201073 for a period of 10 days commencing at 11:00 a.m. on Sept. 15, 2008 and ending at 2:00 a.m. on Sept. 25, 2008.
- The Board having accepted the Agreed Statement of facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 18TH DAY OF JULY, 2008
Kui Ji Phillip Morris for Registrar’s Counsel licensee