Registrar v. Tropix Restaurant & Lounge Inc., 2009 CanLII 55603

IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended

BETWEEN:

Registrar, Alcohol and Gaming Commission of Ontario Registrar

-and-

Tropix Restaurant & Lounge Inc. O/A Tropix Restaurant & Lounge Inc. Licensee

Panel: Joan Lougheed, Board Member Alex McCauley, Board Member

Decision Date: August 31, 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 Tropix Restaurant & Lounge Inc., Licensee ) Louis Rajnauth, Representative

Allegations

A hearing into a Notice of Proposal number 17443 dated August 7, 2009 to revoke a liquor licence, and an Order dated August 7, 2009 to immediately suspend, on an interim basis, liquor licence number 25237 (the “Licence”) issued to Tropix Restaurant & Lounge Inc. (the “Licensee”) operating as TROPIX RESTAURANT & LOUNGE INC., 1790 Liverpool Road, Pickering, Ontario, L1V 1V9 (the “establishment” or “premises”), on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (“LLA”) and section 45.1 and subsections 45(1) and 31(1)(c) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on August 28 and August 31, 2009, in the City of Toronto.

Order

The Registrar had ordered on August 7, 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 hearing commenced on August 28, 2009, and the Board ORDERED that the Interim Suspension remain in place until the next hearing date, at which time its continuation will be re-considered upon request by the parties.
The hearing re-convened on August 31, 2009. Registrar’s Counsel advised that it was withdrawing its allegation of a breach of subsection 45(2) of the LLA. The Licensee admitted that there was a breach of subsection 31(1)(c) of the O.Reg.
A motion was received to lift the interim suspension in place since August 7, 2009. The Licensee gave evidence and presented a plan to upgrade and modify management of the establishment in order to address the concerns of the Registrar in regards to public safety.
The Board, having considered the evidence heard to date and the submissions of the parties’ representatives on August 31, 2009, confirms its oral ORDER that the Interim Suspension Order dated August 7, 2009 placed on licence number 25237 issued to Tropix Restaurant & Lounge Inc. operating as TROPIX RESTAURANT & LOUNGE INC., 1790 Liverpool Road, Pickering, Ontario, L1V 1V9, be RESCINDED subject to the meeting of the following conditions on consent:
After 10:00 p.m. there shall be an age restriction on patrons to those 25 years of age and over.
All drinks will be served in plastic cups after 10:00 p.m.
Patrons will not be permitted to leave and re-enter the licensed premises after 10:00 p.m.
There will be a dress code in effect. There will be no head gear permitted (other than for recognized religious reasons) or gang attire.
Upon entry patrons will be patted down in a full body search and will be scanned by a metal detector wand.
There will be a minimum of seven (7) trained and licensed security personnel on duty Thursday, Friday and Saturday or any time there is a special event. The hours for security are from 10.00 p.m. until closing.
Security personnel will be equipped with working two-way communication equipment between personnel. In addition security staff shall have the ability to make emergency calls from wherever they are in the licensed premises.
There will be a daily log maintained on the premises for the use of security personnel to log incidents. Such log will be kept current and available at all times for inspection by AGCO personnel or the police.
An owner/licensee will be on the licensed premises at all times that the establishment is open for business.
In addition to existing video and recording equipment in use on the licensed premises there will be additional cameras and recording equipment installed in order to monitor the entrance area and the interior of the licensed premises. There shall be signage in place advising that video surveillance is in place.
All video and recording equipment will be operational at all times that the licensed premises is open for business. Such recordings shall be made available to the police or AGCO Inspectors upon request.
All special events will be managed by the licensee. There shall be no gate receipt partnerships or contracts with outside promoters.

DATED AT TORONTO THIS 31st DAY OF AUGUST, 2009.

JOAN LOUGHEED, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER