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-
Lux Entertainment Inc. O/A Luxy
Licensee
DECISION
Panel: Eleanor Meslin, Board Member Bruce S. Miller, Board Member
Decision Date: December 4, 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 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative
Lux Entertainment Inc., Licensee ) J.G. Wilson, Representative
A hearing into Notice of Proposal number 17327 dated July 13, 2009 to suspend liquor licence number 811988 issued to Lux Entertainment Inc. operating as LUXY, 60 Interchange Way, R.R. 7, Vaughan, Ontario, L4K 5C3, on the basis of alleged violation(s) of subsection 30(4) of the Liquor Licence Act (“LLA”) and subsections 34(1), 41(1) and 45(1) of Ontario Revised Regulation (“O.Reg”) 719/90 made pursuant to the LLA, was held on November 12, 2009 in the City of Toronto.
Mr. Morris, Registrar’s Representative, and Mr. Wilson, Licensee’s Representative, submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:
On January 1, 2009, a drunken patron was in the establishment.
On February 6, 2009, at approximately 11:30 p.m., a male patron under the age of 19 years was served and consumed liquor in the licensed premises. He had false identification in his possession.
On February 7, 2009, at approximately 1:00 a.m., a drunken female patron was in the licensed premises.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was drunk and was consuming beer from a broken Corona beer bottle.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was served and consumed liquor in the licensed premises. He had false identification in his possession.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was served and consumed a Corona beer in the licensed premises. He had false identification in his possession.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was served and consumed two Molson Canadian beer in the licensed premises. He had false identification in his possession.
On February 8, 2009, two patrons removed their liquor from the licensed premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA and subsections 34(1), 41(1) and 45(1) of O.Reg 719/90.
All other allegations in the NOP number 17327 dated July 13, 2009 are withdrawn.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 811988 issued to Lux Entertainment Inc., operating as LUXY, 60 Interchange Way, R.R. 7, Vaughan, Ontario, L4K 5C3, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on January 13, 2010, and CONTINUE until 2:00 a.m. on January 23, 2010.
DATED AT TORONTO THIS 4th DAY OF December 2009.
ELEANOR MESLIN, BOARD MEMBER BRUCE MILLER, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF LUX ENTERTAINMENT INC.
OPERATING AS LUXY, 60 INTERCHANGE
WAY, 4.4.7, VAUGHAN
LICENCE NUMBER 811988
NOTICE OF PROPOSAL NUMBER 17327
AGREEMENT
A. Independent Legal Advice
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel, has declined that right and decided to proceed with an Agent, prior to entering into this Agreement.
B. Agreed Facts
The Licence Holder and Registrar’s Counsel agree tot eh following:
- On January 1, 2009, a drunken patron was in the establishment.
On February 7, 2009, at approximately 1:00 a.m., a drunken female patron was in the licensed premises.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was drunk and was consuming beer from a broken Corona beer bottle.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On February 6, 2009, at approximately 11:30 p.m., a male patron under the age of 19 years was served and consumed liquor in the licensed premises. He had false identification in his possession.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was served and consumed liquor in the licensed premises. He had false identification in his possession.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was served and consumed a Corona beer in the licensed premises. He had false identification in his possession.
On February 7, 2009, at approximately 1:30 a.m., a male patron under the age of 19 years was served and consumed two Molson Canadian beer in the licensed premises. He had false identification in his possession.
Based on the facts in paragraph 3, the licence holder admits to violations of subsection 41(1) of Ontario Regulation 719/90 under the Liquor Licence Act and subsection 30(4) of the Liquor Licence Act.
On February 8, 2009, two patrons removed their liquor from the licensed premises.
Based on the facts in paragraph 5, the licence holder admits to a violation of subsection 34(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
C. Joint Submission Regarding Disciplinary Action
The Licence Holder and Registrar’s Counsel submit that the following disposition will be imposed based on the Agreed Facts:
- A ten (10) day suspension of the liquor licence to start at 11:00 am on, January 13, 2010 and continue consecutively until 2 a.m. on January 23, 2010.
D. Consent to Amendment of Notice of Proposal Number 17327
Registrar’s counsel proposes and the Licence Holder consents to the amendment of the aforementioned Notice of Proposal to cite only those matters in the Agreed Facts and the Joint Submission Regarding Disciplinary Action. All other allegations in the original Notice of Proposal number 17327 and dated July 13, 2009 are withdrawn.
Dated in Toronto this 4 day of November, 2009.
Krzysztof Bartkomiej (Bart) Kacki Richard E. Kulis
For the licence holder for the Registrar, AGCO