Registrar, Alcohol and Gaming Commission of Ontario v. 1081943 Ontario Limited, 2009 CanLII 70930

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-

1081943 Ontario Limited O/A Fluid Lounge and Restaurant Licensee

DECISION

Panel: Patricia McQuaid, Vice-Chair, AGCO Decision Date: October 20, 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 ) Phillip Morris, Representative 1081943 Ontario Limited, Licensee ) Randall Barrs, Representative

1A hearing into Notice of Proposal number 16836 dated November 18, 2008 and Notice of Proposal number 16944 dated December 23, 2008 (“NOPs”) to suspend liquor licence number 201668 (the “Licence”) issued to 1081943 Ontario Limited, (the “Licensee”) operating as FLUID LOUNGE AND RESTAURANT, 217 Richmond Street West, Toronto, Ontario, M5V 1W2, (the “premises” or the “establishment”), on the basis of alleged violations of subsection 45(2) of Ontario Regulation 719/90 made pursuant to the Liquor Licence Act, was held on October 13, 2009 in the City of Toronto.

2Mr. Morris and Mr. Barrs advised the Board that they had reached an oral agreement on the facts and on an appropriate sanction. It was agreed and admitted that:

On May 10, 2008, at approximately 1:02 a.m., inspectors detected the strong odour of marijuana in the licensed premises and several patrons were observed openly smoking marijuana. Security made no efforts to stop this illegal activity.

On February 16, 2008, at approximately 12:23 a.m., police and inspectors detected the strong odour of marijuana in the licensed premises and a patron was observed openly smoking a marijuana cigarette.

Further, on September 13, 2008, at approximately 1:27 a.m., police and inspectors detected the strong odour of marijuana and observed a patron roll a marijuana cigarette and another smoke a marijuana cigarette in the licensed premises.

3Based on the agreed facts, the Board found that the Licensee breached subsection 45(2) of Ontario Regulation 719/90 (having permitted a person to hold or consume a controlled drug or substance) on the three dates cited above.

4Regarding sanction, Mr. Morris and Mr. Barrs advised that it was the parties’ joint submission that a fourteen (14) day suspension for each of the NOPs to be served consecutively was appropriate, and further that the suspension period would end no later than January 31, 2010.

Order

5Therefore, having considered the joint submission on disposition, the Board confirms its oral ORDER that liquor licence number 201668 issued to 1081943 Ontario Limited, operating as FLUID LOUNGE AND RESTAURANT, 217 Richmond Street West, Toronto, Ontario, M5V 1W2, be SUSPENDED for a total of TWENTY EIGHT (28) consecutive days, the last day of said suspension period being no later than January 31, 2010.

6The Licensee shall submit proposed suspension dates in writing to the Manager of Hearings, Hearings Department, Alcohol and Gaming Commission of Ontario at the address on the front of this decision within seven (7) days of the date of this decision. The Board will set suspension dates without further notice to the Licensee if proposed dates are not provided within that time. The suspension must be served on days the establishment normally operates. The suspension may not start earlier than twenty (20) days from the date of this decision.