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-
1663977 Ontario Inc. O/A At 2066 Lounge Restaurant and Bar
Licensee
DECISION
Panel: Dianne Axmith, Board Member
Guy Maurice, Board Member
Decision Date: January 30, 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
1663977 Ontario Inc., Licensee ) Suvendu Goswami, Representative
A hearing into Notice of Proposal number 16368 dated June 6, 2008, to suspend liquor licence number 24656 issued to 1663977 Ontario Inc., (the “Licensee”), operating as AT 2066 LOUNGE RESTAURANT AND BAR, 2066 Queen Street East, Toronto, Ontario, M4E 1C9, (the “premises”), on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (LLA) and sections 13, 29 and 53, subsections 31(1)(c), 33(1), 44(2), 45(1) and paragraph 50(c) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on January 22, 2009, in the City of Toronto.
Phillip Morris, Registrar’s Representative, and Suvendu Goswami, 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 October 5, 2007 at 3:00 a.m., staff members were consuming liquor in the licensed premises. Staff members refused to let inspectors into the locked premises. The next day, upon being advised of the infractions, the licensee was remorseful and advised that he was in the process of selling the business.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the LLA and section 29 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 number 24656 issued to 1663977 Ontario Inc., operating as AT 2066 LOUNGE RESTAURANT AND BAR, 2066 Queen Street East, Toronto, Ontario, M4E 1C9, be SUSPENDED for FOURTEEN (14) consecutive days but will STAY the imposition of the suspension in light of the sale of the business and other surrounding circumstances specific to this case.
DATED AT TORONTO THIS 30^th^ DAY OF January , 2009.
DIANNE AXMITH, BOARD MEMBER GUY MAURICE, 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 1663977 ONTARIO INC. OPERATING AS AT 2066 LOUNGE RESTAURANT AND BAR, 2066 QUEEN ST. EAST, TORONTO LICENCE NO. 24656
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED JUNE 6, 2008
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On October 5, 2007 at 3 am, staff members were consuming liquor in the licensed premises. Staff members refused to let inspectors into the locked premises. The next day, upon being advised of the infractions, the licensee was remorseful and advised that he was in the process of selling the premises.
Based on paragraph 1, the licensee breached s. 29 of Ont. Reg. 719/90 and 45(2) of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission. On the night in question, the licensee was not present due to health reasons and the premises were being managed by his brother.
The licensee has no prior record of discipline imposed by the Board and is running another establishment without problems. Prior to the Notice of Proposal being issued, the licensee sold the premises to a third party who has been running the establishment without problems.
…/2
page 2
JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 24656 for a period of 14 days but will stay the imposition of the suspension in light of the sale of the business and other surrounding circumstances
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 22^nd^ DAY OF JANUARY, 2007.
RESPECTFULLY SUBMITTED,
Shehzad Y. Shameem Phillip Morris
for Registrar’s Counsel
Licensee