Registrar, Alcohol and Gaming Commission of Ontario v. 1389715 Ontario Inc., 2009 CanLII 69683

ALCOHOL AND GAMING COMMISSION OF ONTARIO

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-

1389715 Ontario Inc. O/A Elixir Lounge & Night Club (Licensee)

DECISION

Panel: Jacqueline Castel, Board Member Allan Higdon, Board Member

Decision Date: November 30, 2009 Hearing Location: Hamilton, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 1389715 Ontario Inc., Licensee: John Kranjc, Representative

1A hearing into Order of Monetary Penalty (“OMP”) number 152, dated June 25, 2009, issued to 1389715 Ontario Inc. (the “Licensee”), operating as ELIXIR LOUNGE & NIGHT CLUB, 18 Hess Street South, Hamilton, Ontario, L8P 3M8, liquor licence number 200415, imposing monetary penalties in the amounts of $2,000 and $750, on the basis of alleged violations of section 43 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg.”), prescribed under the Liquor Licence Act (the “LLA”), respectively, was held on November 5, 2009 in the City of Hamilton.

2Mr. Richard Kulis, the Registrar’s Representative, advised the Board that the Licensee agrees to the facts, as set out in the OMP, respecting the allegations under section 43 of the O.Reg. Specifically, the Licensee agrees that on January 27, 2009, at approximately 10:15 p.m., there were in excess of 163 patrons in the main floor area licensed for a capacity of 163. Mr. Kranjc, the Licensee’s Representative, confirmed the Licensee’s agreement with the aforementioned facts.

3Mr. Kulis further advised the Board that the Registrar would be withdrawing the allegation under subsection 45(1) of the O.Reg.

4Based on the agreement of the parties, the Board found that the Licensee contravened section 43 of the O.Reg. The Board accepted the withdrawal of the allegation under subsection 45(1) of the O.Reg.

Order

5Therefore, in its oral decision, the Board confirmed the monetary penalty in the amount of $2,000, on liquor licence number 200415, issued to 1389715 Ontario Inc., operating as ELIXIR LOUNGE & NIGHT CLUB, 18 Hess Street South, Hamilton, Ontario, L8P 3M8, for contravening section 43 of the O.Reg.