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-
Seawall Lounge Inc. O/A Seawall Lounge Inc.
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO
Joan Lougheed, Board Member
Decision Date: January 8, 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 ) Daniel Alakas, Representative
Black Bull Pub and Eatery Ltd., Licensee ) Adam Vassos, Representative
A hearing into Notice of Proposal number 16308 dated May 21, 2008, to suspend liquor licence number 22873 issued to Seawall Lounge Inc., (the “Licensee”), operating as SEAWALL LOUNGE INC., 1067 Midland Avenue (City of Scarborough), Toronto, Ontario, M1K 1G7 (the “establishment”), on the basis of alleged violations of section 43 and subsection 45(1) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the Liquor Licence Act (“LLA”), was held on December 11, 2008, in the City of Toronto.
Daniel Alakas, Registrar’s Representative, and Adam Vassos, 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 December 22, 2007, at approximately 12:55 a.m., an AGCO inspector attended the establishment to deliver a suspension placard and noticed the establishment to be very busy. The Inspector conducted four counts with a mechanical counter in the southwest section and arrived at counts of 70, 76, 78 and 77 patrons in an area licensed for 50. Two counts conducted by the inspector, with a mechanical counter in the northwest section of the establishment, arrived at counts of 48 and 40 in an area licensed for 38. The door security staff admitted to the inspector that their count was 100 patrons in licensed areas with a combined capacity of 88.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 22873 issued to Seawall Lounge Inc., operating as SEAWALL LOUNGE INC., 1067 Midland Avenue (City of Scarborough), Toronto, Ontario, M1K 1G7, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on February 16, 2009, and CONTINUE until 2:00 a.m. on February 28, 2009.
DATED AT TORONTO THIS 8th DAY OF January , 2009.
DAVID C. GAVSIE, CHAIR, AGCO JOAN LOUGHEED, 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
SEAWALL LOUNGE INC. OPERATING AS SEAWALL
LOUNGE INC., 1067 MIDLAND AVENUE, TORONTO
LICENCE NO. 0022873
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 16308, ISSUED MAY 21, 2008
AGREED STATEMENT OF FACTS
The licensee, after having consulted with Counsel, and the Registrar’s Representative agree to the following facts:
On December 22, 2007, at approximately 12:55 a.m., an AGCO inspector attended the establishment to deliver a suspension placard and noticed the establishment to be very busy. The Inspector conducted four counts with a mechanical counter in the southwest section and arrived at counts of 70, 76, 78 and 77 patrons in an area licensed for 50. Two counts conducted by the inspector, with a mechanical counter in the northwest section of the establishment, arrived at counts of 48, 40 in an area licensed for 38. The door security staff admitted to the inspector that there count was 100 patrons in licensed areas with a combined capacity of 88.
Based on the above mentioned facts the licensee admits to having breached Section 43 of Ontario Regulation 719/90 by failing to ensure that the number of patrons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises, as stated on the licence.
The licensee has served a prior suspension in January 2008 for a violation of Section 45(1) of O.Reg. 719/90 and a 20 day suspension in January 2007 for violations of Sections 43 and 45(1) of O.Reg. 719/90.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after having consulted with Counsel, and the Registrar’s Representative jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
There shall be a twelve (12) day suspension of liquor licence number 0022873 to be served on dates to be provided, in writing to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, Ontario, M2N 0A4, fax (416) 326-5566, within the next seven (7) days. Should the licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the licensee.
The suspension cannot commence for at least twenty (20) days following notification must be completed within ninety (90) days of today’s date. The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations as set out in Notices of Proposal #16308.
DATED AT TORONTO, THIS 11TH DAY OF DECEMBER, 2008
Respectfully submitted,
Mohammed Imtiaz Rasheed Daniel Alakas
Licence Holder Registrar’s Representative
“I have authority to bind the corporate Licensee”