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-
MIXTWO KTV Inc. O/A MIX2 KTV & Billiards
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair Jacqueline Castel, Board Member
Decision Date: March 13, 2009
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 MIXTWO KTV Inc., Licensee ) John Park, Representative
A hearing into Notice of Proposal number 16396 dated June 12, 2008 to suspend liquor licence number 810006 issued to MIXTWO KTV Inc. (the “Licensee”) operating as MIX2 KTV & BILLIARDS, 1661 Denison Street, Unit 3, Markham, Ontario, L3R 6E3 (the “premises”), on the basis of alleged violations of subsection 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 February 19, 2009 in the City of Toronto.
Phillip Morris, Registrar’s Representative, and John Park, 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:
On February 24, 2008, there was a minor consuming liquor in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA. 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 the liquor licence issued to MIXTWO KTV Inc. operating as MIX2 KTV & BILLIARDS, 1661 Denison Street, Unit 3, Markham, Ontario, L3R 6E3, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on April 18, 2009 and continue until 2:00 a.m. on April 23, 2009.
DATED AT TORONTO THIS 13^th^ DAY OF MARCH, 2009.
PATRICIA MCQUAID, VICE-CHAIR JACQUELINE CASTEL, BOARD MEMBER
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 MIXTWO KTV INC. OPERATING AS MIX2 KTV & BILLIARDS,
1661 DENISON ST. UNIT 3, MARKHAM
LICENCE NO. 810006
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 16396
ISSUED JUNE 12, 2008
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Feb. 24, 2008, there was a minor consuming liquor in the licensed premises.
Based on paragraph 1, the licensee breached s. 30(4) of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 6 days for an unrelated breach of the regulations.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, 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. 810006 for a period of 5 days.
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 19^TH^ DAY OF FEBRUARY, 2009.
RESPECTFULLY SUBMITTED,
Dennis Kin-Kwok Au Phillip Morris
for Registrar’s Counsel
licensee