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-
1772883 Ontario Inc. O/A Tonic The Nightclub Licensee
ORDER
Panel: Allan Higdon, Board Member Joan Lougheed, Board Member Bruce Miller, 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 Fax: (416) 326-5566 Toll Free in Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative 1772883 Ontario Inc., Licensee ) Randall Barrs, Representative
Allegations
- A hearing into a Notice of Proposal (“NOP”) number 16999 dated January 24, 2009 to revoke a liquor licence and an Order dated January 24, 2009 to immediately suspend a liquor licence on an interim basis placed on licence number 802451 issued to 1772883 Ontario Inc. operating as TONIC THE NIGHTCLUB, 117 Peter Street, Main Floor, Toronto, Ontario, M5V 2G9 on the basis of alleged violations of section 45.2 and subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to Liquor Licence Act ("LLA"), was held on January 29, 2009 in the City of Toronto.
Order
The Registrar had ordered on January 24, 2009 that an Interim Suspension be placed on the licence in the interest of public safety subject to an Order by the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”).
The Board, having considered the evidence heard to date and the submissions of the parties’ representatives on January 29, 2009, confirms its oral ORDER that the Interim Suspension Order dated January 24, 2009 placed on licence number 802451 issued to 1772883 Ontario Inc. operating as TONIC THE NIGHTCLUB, 117 Peter Street, Main Floor, Toronto, Ontario, M5V 2G9, be RESCINDED subject to the meeting of the following conditions, and the receipt of an affidavit from the Licensee confirming the same:
There shall be a video surveillance system that is operable and recording during hours of operation to be checked every evening before opening to the public to ensure that the system is recording and fully functional.
All recordings shall be retained for seven (7) days and available to the police or AGCO Inspectors upon request.
All patrons shall be fully searched and pass through a metal detector upon entry into the premises.
The metal detector shall be fully operational.
Security sweeps shall be done of all public areas before the club is opened to the public, and a record shall be kept certifying the same, including name and time of inspection and same shall be available on request of the police or Liquor Inspectors.
Prior to opening, all doors will be alarmed except for the Richmond Street doors and the smoking patio doors.
A minimum distance of fifteen feet shall separate the smoking area from the line barricade.
The Licence Holder shall adhere at a minimum to the standards set by law for an Entertainment Establishment.
The Licensee shall keep the public smoking alley clear of snow and/or any other debris.
DATED AT TORONTO THIS 30^TH^ DAY OF JANUARY, 2009.
ALLAN HIGDON, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER
BRUCE MILLER, BOARD MEMBER