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-
Tropix Restaurant & Lounge Inc. O/A Tropix Restaurant & Lounge Inc. Licensee
DECISION ON SANCTION
Panel: Joan Lougheed, Board Member Alex McCauley, Board Member
Decision Date: December 24, 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 ) 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, on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (the “LLA”) and section 45.1 and subsections 45(1) and 31(1)(c) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on August 28 and August 31, 2009, in the City of Toronto.
The Registrar 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.
The hearing commenced on August 28, 2009 and the Board ordered that the Interim Suspension remain in place until the next hearing date.
In its Order dated August 31, 2009, the Board ordered that the Interim Suspension be rescinded subject to meeting conditions as set out in the said Order.
In its decision dated October 28, 2009 the Board found the Licensee violated subsection 31(1)(c) of the O.Reg. Parties were directed to provide written submissions on an appropriate sanction. The Board has received and reviewed those submissions.
Submissions
Mr. Kulis submitted that based on the one violation found by the Board, the time served during the interim suspension is sufficient disciplinary action.
The Licensee would be content to mirror the submissions made by the Mr. Kulis.
Decision on Sanction
Based on the above submissions, the Board ORDERS that liquor licence number 25237, issued to Tropix Restaurant & Lounge Inc., operating as TROPIX RESTAURANT & LOUNGE INC., 1790 Liverpool Road, Pickering, Ontario, L1V 1V9, be suspended for TWENTY-FOUR (24) days which period of suspension comprised the twenty-four (24) days of the Interim Suspension.
Further, the conditions on the liquor licence imposed by the Board in its decision dated October 31, 2009 are to remain in effect.
DATED AT TORONTO THIS 24th DAY OF December , 2009
JOAN LOUGHEED, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER