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-
1577311 Ontario Inc. operating as The Carlton Lounge
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Alex McCauley, Board Member
Decision Date: December 9, 2009
Hearing Location: Toronto, 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 ) Phillip Morris, Representative 1577311 Ontario Inc., Licensee ) Jerry Levitan, Representative
Allegations
A hearing into Notice of Proposal number 17475 dated August 21, 2009 to suspend liquor licence number 810443 issued to 1577311 Ontario Inc. ("Licensee"), operating as THE CARLTON LOUNGE, 456 Wellington Street West, Toronto, Ontario, M5V 1E3, (the "premises"), on the basis of alleged violations of subsections 45(1) and 45(2) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the Liquor Licence Act, (the "LLA"), was held on November 20, 2009 in the City of Toronto.
Mr. Morris and Mr. Levitan 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 November 4, 2008, there was a drunken patron inside the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg. The Board has accepted the withdrawal of the remaining allegation.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence number 810443 issued to 1577311 Ontario Inc., operating as THE CARLTON LOUNGE, 456 Wellington Street West, Toronto, Ontario, M5V 1E3, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2010, and CONTINUE until 2:00 a.m. on January 9, 2010.
Further, the Board confirms its warning to the Licensee that it is the obligation of the Licensee not to permit marijuana use in the premises and to take appropriate measures to prevent that from occurring.
DATED AT TORONTO THIS 9th DAY OF December, 2009.
PATRICIA MCQUAID, VICE-CHAIR ALEX MCCAULEY, 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 1577311 ONTARIO INC. OPERATING AS CARLTON LOUNGE, 456 WELLINGTON STREET EAST, TORONTO LICENCE NO. 810443
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED AUGUST 21, 2009 (NO. 17475)
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Nov. 4, 2008, there was a drunken patron inside the licensed premises.
Based on paragraph 1, the licensee breached s.45 (1) of Ont.Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission
The licensee has no prior record of discipline imposed by the Board.
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JOINT SUBMISSIONS ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 810443 for a period of 7 days commencing 11:00 a.m. on Jan. 2, 2010 and ending at 2:00 a.m. on Jan. 9, 2010.
The Board warns the licensee that it is the obligation of the Licensee not to permit marijuana use in the premises and to take appropriate measures to prevent that from occurring.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 20TH DAY OF NOVEMBER, 2009
RESPECTFULLY SUBMITTED,
Nicola Antonio Di Donato Phillip Morris
for Registrar’s Counsel
licensee