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-
1737535 Ontario Inc. O/A The Loft Bar and Grill
Licensee
DECISION AND ORDER
Panel: David C. Gavsie, Chair, AGCO S. Grace Kerr, Board Member
Decision Date: March 23, 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 ) Joyce Taylor, Representative 1737535 Ontario Inc., Licensee ) David Winer, Representative
A hearing into Notice of Proposal (“NOP”) number 16857 dated November 24, 2008 and Amended NOP number 16928 to suspend liquor licence number 806277 issued to 1737535 Ontario Inc. (the “Licensee”) operating as THE LOFT BAR AND GRILL, 1101 Finch Avenue West, Unit 4 & 5, North York, Ontario, M3J 2C9 (the “premises”), on the basis of alleged violations of section 29 and subsections 31(1)(c), 33(1) and 45(1) of Ontario Revised Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on March 13, 2009, in the City of Toronto.
Joyce Taylor, Registrar’s Representative, and David Winer, 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 April 6, 2008 police officers visited the licensed premises at approximately 3:14 a.m. and found that all signs of service and consumption of liquor had not been cleared and a drunken patron was in the establishment. On July 1, 2008 liquor inspectors visited the licensed premises and found a drunken patron and a case of beer that had not been purchased on licence.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 29 and subsections 33(1) and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 806277 issued to 1737535 Ontario Inc. operating as THE LOFT BAR AND GRILL, 1101 Finch Avenue West, Unit 4 & 5, North York, Ontario, M3J 2C9, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on June 13, 2009, and CONTINUE until 2:00 a.m. on June 27, 2009.
DATED AT TORONTO THIS 23rd DAY OF MARCH, 2009.
DAVID C. GAVSIE, CHAIR, AGCO S. GRACE KERR, BOARD MEMBER
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
1737535 ONTARIO INC.
OPERATING AS THE LOFT BAR AND GRILL
1101 FINCH AVENUE WEST, UNIT 4 & 5, TORONTO
LICENCE NO. 806277
NOTICES OF PROPOSAL NO. 16856 & 16857
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated November 24, 2008 and the Notice of Proposal to Suspend a Licence dated November 24, 2008, as amended December 17, 2008.
On April 6, 2008 police officers visited the licensed premises at approximately 3:14 a.m. and found that all signs of service and consumption of liquor had not been cleared and a drunken patron was in the establishment. On July 1, 2008 liquor inspectors visited the licensed premises and found a drunken patron and a case of beer that had not been purchased on licence.
Based on the above-mentioned facts the licence holder admits to having breached sections 29, 33(1), and 45(1), of Ontario Revised Regulation 719/90 enacted pursuant to the Liquor Licence Act.
The Licensee has assured the Registrar that he has taken steps to ensure that these infractions will not take place in the future.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board,
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
- There shall be a fourteen (14) day suspension of liquor licence 806277 commencing on June 13, 2009 at 11:00 a.m. and continuing until June 27, 2009 at 2:00 a.m..
Respectfully submitted this 13th day of March, 2009.
1737535 ONTARIO INC.
Per___________________ ____________________
Jae Ho Lee Joyce A. Taylor
“I have authority to bind the Corporation” Counsel for the Registrar
David Winer
Counsel for the Licensee