ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The:
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
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2066819 Ontario Inc. O/A King Station Pub Licensee
DECISION AND ORDER
Panel: Kirsti Hunt, Vice-chair, AGCO Beryl Ford, Board Member
Decision Date: April 6, 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 ) Richard Kulis, Representative 2066819 Ontario Inc., Licensee ) Jerry Herszkopf, Representative
1A hearing into Notice of Proposal number 16794 dated November 6, 2008 to suspend liquor licence number 200364 (the “Licence”) issued to 2066819 Ontario Inc. (the “Licensee”) operating as KING STATION PUB, 4528 Kingston Road, Unit 1, Scarborough, Ontario, M1E 2N8 (the “premises”), on the basis of alleged violations of subsection 34(1) and paragraph 50(c) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”), was held on March 23, 2009 in the City of Toronto.
2Richard Kulis, Registrar’s Representative, and Jerry Herszkopf, 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 20, 2008, a patron removed liquor from the licensed premises. The rear fire door was locked contrary to the fire safety regulations.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 34(1) and paragraph 50(c) of the O.Reg.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to 2066819 Ontario Inc. operating as KING STATION PUB, 4528 Kingston Road, Unit 1, Scarborough, Ontario, M1E 2N8, be SUSPENDED for EIGHT (8) consecutive days to COMMENCE at 11:00 a.m. on April 13, 2009, and CONTINUE until 2:00 a.m. on April 21, 2009.
DATED AT TORONTO THIS 6th DAY OF APRIL, 2009.
KIRST HUNT, VICE-CHAIR, AGCO BERYL FORD, BOARD MEMBER
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 2066819 OPERATING AS KING STATION PUB, 4528 KINGSTON ROAD, UNIT 1, SCARBOROUGH LICENCE NUMBER 0200364 NOTICE OF PROPOSAL NUMBER 16794
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and Registrar’s counsel agree to the following:
On April 20, 2008, a patron removed liquor form the licensed premises. The rear fire door was locked contrary to the fire safety regulations.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 34(1) (remove liquor) and paragraph 50(c) (Fire Protection and Prevention Act) both of Ontario Regulation 719/90 under the Liquor Licence Act
The licence holder has no prior adverse record with the Commission and is preparing to sell the business.
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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 eight (8) day suspension of the liquor licence.
Dated in Toronto this 23rd day of March, 2009.
For the licence holder Richard E. Kulis, for the Registrar Jerry Herszkopf of the AGCO