Editor’s note: Corrigendum released January 14, 2009. Original judgment has been corrected with text of corrigendum appended.
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-
G&S Toraram Inc. O/A J&K West Indian Cuisine
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO
Decision Date: January 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 ) Joyce Taylor, Representative
G&S Toraram Inc., Licensee ) Dhaman Kissoon, Representative
Allegations
- A hearing into Notice of Proposal (“NOP”) number 15477 dated July 26, 2007 to suspend liquor licence number 802245 issued to G&S Toraram Inc. operating as J&K WEST INDIAN CUISINE, 3412A Weston Road, Toronto, Ontario, M9M 2W1, on the basis of alleged violations of section 29 and subsections 45(1) and 34(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the Liquor Licence Act (“LLA”) was held on February 25, 26 and December 15, 2008 in the City of Toronto.
Preliminary Matters
Panel Member Monteith resigned from his duties and responsibilities as a Member of the AGCO Board effective March 29, 2008, and was therefore unable to participate in making this decision. The remaining Panel Member, Vice-Chair Hunt, has rendered the decision in this matter pursuant to subsection 4.4(1) of the Statutory Powers Procedures Act.
The Board amended the NOP on consent by adding an allegation under subsection 30(4) of the LLA as paragraph 4(d).
A further amendment was made to the particulars that on April 13, 2008 there was a dispute in the establishment and that on May 2, 2008 a minor was permitted to have liquor in the establishment.
Joyce Taylor, Registrar’s Representative, and Dhaman Kissoon, 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 3, 2007 police officers visited the licensed premises and found a drunken patron in the establishment. Another patron also removed a bottle of beer from the establishment. On April 13, 2008 there was a dispute in the establishment and one patron sustained a cut resulting from that dispute. On May 2, 2008 police officers visited the licensed establishment and found that a person who both was and appeared to be under nineteen years of age was permitted to have liquor in the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsections 45(1) and 34(1) of the O.Reg, and 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 G&S Toraram Inc. operating as J&K WEST INDIAN CUISINE, 3412A Weston Road, North York, Ontario, M9M 2W1, be SUSPENDED for TWENTY-FIVE (25) consecutive days to COMMENCE at 11:00 a.m. on February 16, 2009, and CONTINUE until 2:00 a.m. on March 12, 2009.
Further, the Board ORDERS, on consent, that the following conditions be attached to the licence:
a) The Licensee shall have at least one video surveillance camera located inside the establishment which shall clearly show all patrons entering and exiting the establishment. Each camera shall record at all times when any person is inside the establishment.
b) All recordings from every video surveillance camera shall be retained for at least seven (7) days. The Licensee shall permit all liquor inspectors and police officers to view any such recording immediately upon request. Upon request from any liquor inspector or police officer, the Licensee shall provide a reviewable copy of any video surveillance recording as soon as possible, and no later than four (4) days after the person in charge of the establishment has been requested to provide the copy.
c) The Licensee shall post a prominent notice at each entrance and exit used by patrons, advising patrons that they are subject to video surveillance inside the establishment.
d) The Licensee shall have at least one security staff member posted at the door of the establishment on Thursday, Friday and Saturday nights from 10:00 p.m. until the last patron has left the establishment after the establishment has closed for the night.
DATED AT TORONTO THIS 13 DAY OF JANUARY, 2009.
KIRSTI HUNT, VICE-CHAIR, AGCO
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
G & S TORARAM INC.
OPERATING AS J&K WEST INDIAN CUISINE,
3412A WESTON ROAD, TORONTO
LICENCE NO. 802245
NOTICE OF PROPOSAL NO. 15477
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 July 26, 2007, as amended December 15, 2008.
On February 3, 2007 police officers visited the licensed premises and found a drunken patron in the establishment. Another patron also removed a bottle of beer from the establishment. On April 13, 2008 there was a dispute in the establishment and one patron sustained a cut resulting from that dispute. On May 2, 2008 police officers visited the licensed establishment and found that a person who both was and appeared to be under nineteen years of age was permitted to have liquor in the establishment.
Based on the above-mentioned facts the licence holder admits to having breached section 45(1), once by permitting drunkenness and once by permitting disorderly conduct, and section 34(1) of Ontario Revised Regulation 719/90, and section 30(4) of 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. The Licensee has been working with both a local police officer and the Registrar’s staff in order to educate himself and implement these solutions.
JOINT SUBMISSION ON
DISPOSITION
Whereas this Licensee was suspended for ten (10) days for failing to purchase liquor from The Beer Store under his liquor licence in 2006:
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 twenty-five day suspension of liquor licence 802245 which shall be served on dates to be provided to the Manager of Hearings Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., 3rd Floor, Toronto, Ontario, M2N 0A4 within seven days of today’s date, failing which the Board shall set the dates of suspension without further notice to the Licensee. The suspension cannot commence for at least twenty (20) following notification and must be completed within ninety (90) days of today’s date.
The following conditions shall be attached to liquor licence 802245:
a) The Licensee shall have at least one video surveillance camera located inside the establishment which shall clearly show all patrons entering and exiting the establishment. Each camera shall record at all times when any person is inside the establishment.
b) All recordings from every video surveillance camera shall be retained for at least seven (7) days. The Licensee shall permit all liquor inspectors and police officers to view any such recording immediately upon request. Upon request from any liquor inspector or police officer, the Licensee shall provide a reviewable copy of any video surveillance recording as soon as possible, and no later than four (4) days after the person in charge of the establishment has been requested to provide the copy.
c) The Licensee shall post a prominent notice at each entrance and exit used by patrons, advising patrons that they are subject to video surveillance inside the establishment has.
d) The Licensee shall have at least one security staff member posted at the door of the establishment on Thursday, Friday and Saturday nights from 10:00 p.m. until the last patron has left the establishment after the establishment has closed for the night.
Respectfully submitted this 15th day of December, 2008.
G & S TORARAM INC.
Per__________________________ _______________________
Ganga Ram Totaram Joyce A. Taylor
“I have authority to bind the Corporation.” Counsel for the Registrar
Dhaman P. Kissoon
Counsel for the Licensee
LIQUOR LICENCE ACT, R.S.O. 1990
IN THE MATTER OF THE LIQUOR LICENCE OF
G&S TORARAM INC. OPERATING AS
J&K WEST INDIAN CUISINE
3412A WESTON ROAD, NORTH YORK
LICENCE NUMBER 802245
AND IN THE MATTER OF THE BOARD’S DECISION,
DATED JANUARY 13, 2009
A M E N D I N G O R D E R
WHEREAS in its decision dated January 13, 2009, the Board found the Licensee breached subsection 30(4) of the Liquor Licence Act and subsections 45(1) and 34(1) of Ontario Regulation 719/90 and imposed a twenty-five (25) day suspension of the liquor licence;
AND WHEREAS due to a clerical error the dates of the suspension period were misstated;
THEREFORE the Board AMENDS paragraph 7 of its decision dated January 13, 2009 to read as follows:
“Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to G&S Toraram Inc. operating as J&K WEST INDIAN CUISINE, 3412A Weston Road, North York, Ontario, M9M 2W1, be SUSPENDED for TWENTY-FIVE (25) consecutive days to COMMENCE at 11:00 a.m. on February 16, 2009, and CONTINUE until 2:00 a.m. on March 12, 2009.”
DATED AT TORONTO THIS 14th DAY OF JANUARY, 2009.
KIRSTI HUNT, VICE-CHAIR, AGCO