Registrar, Alcohol and Gaming Commission of Ontario v. 1472650 Ontario Ltd., 2009 CanLII 4476

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-

1472650 Ontario Ltd. O/A Rumours Sports Lounge

Licensee

DECISION

Panel: Jacqueline Castel, Board Member Eleanor Meslin, Board Member

Decision Date: January 21, 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 1472650 Ontario Ltd., Licensee ) Randall Barrs, Representative

1. A hearing into Notice of Proposal (“NOP”) number 15954 dated January 28, 2008, NOP number 16373 dated June 5, 2008, Supplementary NOP number 16413 dated June 20, 2008, NOP number 16658 dated September 29, 2008 and NOP number 16705 dated October 8, 2008 to revoke liquor licence number 804900 issued to 1472650 Ontario Ltd., (the “Licensee”) operating as RUMOURS SPORTS LOUNGE, 2787 Eglinton Avenue East, Scarborough, Ontario, M1J 2E1, (the “premises”), on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (“LLA”) and section 43 and subsections 45(1) and 45(2) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on October 15, 16, 22 and 24, 2008 and January 8, 2009, in the City of Toronto.

2. Phillip Morris, Registrar’s Representative, and Randall Barrs, 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:

1. There was overcrowding on the patio licensed for 62 patrons as follows: August 20, 2007 – 73;

2. There was a drunken patron in the licensed premises on April 21, 2008;

3. There was open and persistent marijuana use by numerous patrons in the licensed premises on September 2, 2007, October 14, 2007, December 23, 2007, March 30, 2008 and April 21, 2008. The marijuana use occurred both inside the licensed premises and on the licensed patio, and included the smoking and sharing of marijuana cigarettes, the rolling and crushing of marijuana cigarettes, and the smell of marijuana.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsections 45(1) and 45(2) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.

Order

4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 804900 issued to 1472650 Ontario Ltd., operating as RUMOURS SPORTS LOUNGE, 2787 Eglinton Avenue East, Scarborough, Ontario, M1J 2E1, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on February 16, 2009, and CONTINUE until 2:00 a.m. on March 18, 2009. It is a precondition of the Licensee reopening on March 19, 2009 that the camera and video surveillance system referred to in condition 1 below, be installed and operational.

5. Further, the following conditions shall be added to the licence:

6. The Licensee shall install by March 19, 2009 and shall maintain in good working order three surveillance cameras inside the licensed premises and 3 surveillance cameras outside the licensed premises (parking lot and patio). The cameras shall be in locations and of a digital quality acceptable to the Toronto Police Services. The Licensee shall maintain digital recordings for a period of 30 days to be provided to Toronto Police Services and AGCO inspectors forthwith upon request.

7. On Friday and Saturday after 9:00 p.m., there shall be a minimum 1 uniformed security guard out on the patio and 2 uniformed security guards if there are more than 30 patrons on the patio. On all other days after 9:00 p.m., there shall be a minimum of 2 uniform security guards out on the patio if there are more than 30 patrons on the patio.

8. The Licensee shall post one security guard at the entry doors once the doors are locked to prevent patron entry and to permit access by inspectors and police officers into the licensed premises until the premises has been vacated.

9. The Licensee shall post signage advising patrons that the interior and exterior of the licensed premises and parking lot are subject to video surveillance.

DATED AT TORONTO THIS 21st DAY OF January , 2009.

JACQUELINE CASTEL, BOARD MEMBER ELEANOR MESLIN, 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 1472650

ONTARIO LTD. OPERATING AS RUMOURS SPORTS LOUNGE, 2787 EGLINTON AVENUE EAST, TORONTO

LICENCE NO. 804900

AND IN THE MATTER OF NOTICES OF PROPOSAL ISSUED JANUARY 28, 2008 (#15954), JUNE 5, 2008 (#16373), JUNE 20, 2008, SEPTEMBER 29, 2008 (#16658) AND OCTOBER 8, 2008 (16705)

AGREED STATEMENT OF FACT

The licensee, after consultation with counsel and the Registrar agree to the following facts:

1. There was overcrowding on the patio licensed for 62 patrons as follows:

August 20, 2007 – 73

2. Based on paragraph 1, the licensee breached s. 43 of Ont. Reg. 719/90

3. There was a drunken patron in the licensed premises on April 21, 2008.

4. Based on paragraph 3, the licensee breached s. 45(1) of Ont. Reg. 719/90.

5. There was open and persistent marijuana use by numerous patrons in the licensed premises on September 2, 2007, October 14, 2007, December 23, 2007, March 30, 2008 and April 21, 2008. The marijuana use occurred both inside the licensed premises and on the licensed patio, and included the smoking and sharing of marijuana cigarettes, the rolling and crushing of marijuana cigarettes, and the smell of marijuana.

6. Based on paragraph 5, the licensee breached s. 45(2) of Ont. Reg. 719/90.

7. The licensee has shown remorse and co-operated with the Commission.

8. The licensee was previously suspended for 14 days in 2003 and for 40 days in 2007 for similar breaches.

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JOINT SUBMISSIONS ON DISPOSITION

The licensee, after consultation with counsel, and the Registrar counsel jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:

1. The Board shall suspend licence no. 804900 for a period of 30 days commencing at 11:00 a.m. on February 16, 2009 and ending at 2:00 a.m. on March 19, 2009. It is a precondition of the Licensee reopening on March 19, 2009 that the camera and video surveillance system referred to in condition 1 be installed and operational.

2. The following conditions shall be added to the licence:

3. The licensee shall install by March 19, 2009 and shall maintain in good working order three surveillance cameras inside the licensed premises and 3 surveillance cameras outside the licensed premises (parking lot and patio). The cameras shall be in locations and of a digital quality acceptable to the Toronto Police Services. The licensee shall maintain digital recordings for a period of 30 days to be provided to Toronto Police Services and AGCO inspectors forthwith upon request.

4. On Friday and Saturday after 9 pm, there shall be a minimum 1 uniformed security guard out on the patio and 2 uniformed security guards if there are more than 30 patrons on the patio. On all other days after 9 pm, there shall be a minimum 2 uniform security guards out on the patio if there are more than 30 patrons on the patio.

5. The licensee shall post one security guard at the entry doors once the doors are locked to prevent patron entry to permit access by inspectors and police officers into the licensed premises until the premises has been vacated.

6. The licensee shall maintain signage advising patrons that the interior and exterior of the licensed premises and parking lot are subject to video surveillance.

7. 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 and will not proceed with allegations related to October 31, 2008 and November 22, 2008.

DATED AT TORONTO THIS 8TH DAY OF JANUARY, 2009.

RESPECTFULLY SUBMITTED,

Dean Eminovski Phillip Morris

for Registrar’s Counsel

licensee