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ALCOHOL AND GAMING COMMISSION OF ONTARIO
___________________________________________________________________
IN THE MATTER OF The :
[Liquor Licence Act, R.S.O. 1990, c. L.19](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l19/latest/rso-1990-c-l19.html), as amended
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B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario
Registrar
-and-
1757117 Ontario Inc. O/A Little Ochie Restaurant & Bar
Licensee
___________________________________________________________________
order
___________________________________________________________________
Panel: Patricia McQuaid, Vice-Chair
Decision Date: April 3, 2009
Hearing Location: Toronto, Ontario
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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
1757117 Ontario Inc., Licensee ) Howard Cohen, Representative
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## Allegations
1. A hearing into Notice of Proposal number 17105 dated March 6, 2009 to revoke a liquor licence and an Order dated March 6, 2009 to immediately suspend liquor licence number 90066 (the “Licence”) issued to 1757117 Ontario Inc. (“Licensee”) operating as LITTLE OCHIE RESTAURANT & BAR, 1176A Kennedy Road, Uplands Shopping Concourse, Scarborough, Ontario, M1P 2L1 (the “establishment” or “premises”), on the basis of alleged violations of [section 6](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l19/latest/rso-1990-c-l19.html#sec6_smooth) of the [Liquor Licence Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l19/latest/rso-1990-c-l19.html) (“LLA”) and section 45.1 and subsection 45(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held by teleconference on April 3, 2009 in the City of Toronto.
2. Richard Kulis, Registrar’s Representative, and Howard Cohen, Licensee’s Representative, submitted an Agreed Statement of Facts (Exhibit #1) which forms part of this Order.
## Order
3. The Board, having considered Exhibit #1 and the submissions of the parties’ representatives on April 3, 2009, confirms its oral ORDER that the Interim Suspension currently in place on liquor license number 90066 issued to 1757117 Ontario Inc. operating as LITTLE OCHIE RESTAURANT & BAR, 1176A Kennedy Road, Uplands Shopping Concourse, Scarborough, Ontario, M1P 2L1, be RESCINDED effective immediately, subject to the following conditions, pending a further hearing, if necessary, before the Board:
(a) The licence holder shall maintain a video surveillance system within and outside the licensed premises which is able to capture images of the entire licensed premises as well as the immediate exterior of the licensed premises.
(b) The video surveillance system in (a) shall have a record capability and shall be operated during all hours of operation and shall record all hours of operation. The recordings shall be kept for a minimum of seven (7) days and shall be available to police or liquor licence inspectors immediately upon their request.
(c) The licence holder shall employ a third party security service licensed by the Province of Ontario which shall have a minimum two security personnel at the entrance and at least one security person inside the licensed premises.
(d) The security personnel identified in (c) shall wear at all times while on duty clothing which readily identifies them as security.
(e) The security shall be present during events with guest DJs or promoters whose events are advertised and every Friday and Saturday starting on all these dates at 11:00 p.m. until 3:00 a.m. of the following day.
(f) All patrons wanting to enter or to re-enter the licensed premises on the days noted in (e) shall be searched by security with a functioning metal detecting wand and also physically searched.
(g) Signs shall be posted prominently at the front exterior of the licensed premises and inside the licensed premises indicating that:
(i) all patrons will be searched before entering the licensed premises;
(ii) no weapons of any type shall be allowed in the licensed premises;
(iii) controlled drugs and substances of any type are barred from the licensed premises and anyone found using any controlled drugs and substances will be removed from the licensed premises and barred permanently from attending the licensed premises;
(iv) video surveillance is being used at the licensed premises and those activities within and outside the licensed premises are being recorded;
(v) patrons are not allowed to loiter outside of the licensed premises.
(h) The licensed premises shall remove all patrons no later than 4:00 am.
DATED AT TORONTO THIS 3<sup>rd</sup> DAY OF April , 2009.
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PATRICIA MCQUAID, VICE-CHAIR
IN THE MATTER OF THE LIQUOR LICENCE ACT
[R.S.O. 1990, chapter L. 19, subsections 15(1)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-l19/latest/rso-1990-c-l19.html#sec15subsec1_smooth) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 1757117 ONTARIO INC. OPERATING AS LITTLE
OCHIE RESTAURANT & BAR, 1176A KENNEDY ROAD,
UPLANDS SHOPPING CONCOURSE, SCARBOROUGH
LICENCE NUMBER 90066
NOTICE OF PROPOSAL NO.: 17105
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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 April 10, 2008:
1. The liquor licence of the licence holder is under an interim suspension. The licence holder has co-operated with the Toronto Police Service, Homicide Division regarding the fatal shooting occurring outside the licensed premises. As a result of this co-operation, the Registrar of Alcohol and Gaming consents to the removal of the interim suspension by
minicounsel