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-

7Star Thai Cuisine Inc. operating as 7Star Thai Cuisine

Licensee

DECISION

Panel: S. Grace Kerr, Board Member Brian J. Ford, Board Member

Decision Date: March 2, 2010

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 7Star Thai Cuisine Inc., Licensee ) Michael Taylor, Representative

1. A hearing into Notice of Proposal (“NOP”) number 17600 dated October 8, 2009, NOP number 17780 dated January 4, 2010 and NOP number 17795 dated January 18, 2010 to suspend liquor licence number 90794 issued to 7Star Thai Cuisine Inc. (the “Licensee”), operating as 7STAR THAI CUISINE, 781 Warden Avenue, Toronto, Ontario, M1L 4C2, on the basis of alleged violations of sections 43 and 45.2 and subsection 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, was held on February 18, 2010 in the City of Toronto.

2. Mr. Kulis and Mr. Taylor 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 June 14, 2009 there were 688 people in an area licensed for 457. On August 1, 2009, there were 181 people in an area licensed for 164 people and a person was permitted to smoke marijuana in the licensed premises. On September 6, 2009, there were 255 people in an area licensed for 163 people.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 45(2) of the O. Reg. The Board accepted the withdrawal of the remaining allegation.

Order

4. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 90794 issued to 7Star Thai Cuisine Inc., operating as 7STAR THAI CUISINE, 781 Warden Avenue, Toronto, Ontario, M1L 4C2, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on March 2, 2010, and CONTINUE until 2:00 a.m. on April 1, 2010.

5. Further, the Board ORDERS that the following condition be added to the licence:

“The licence holder shall request Toronto Police Services for the appropriate number of paid duty officers to attend at events exceeding 400 people hosted by promoters, disc jockeys and for special events exceeding 400 people.”

DATED AT TORONTO THIS 2^nd^ DAY OF MARCH, 2010.

S. GRACE KERR, BOARD MEMBER BRIAN J. FORD, 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 7STAR THAI CUISINE INC. OPERATING AS

7STAR THAI CUISINE, 781 WARDEN AVENUE,

TORONTO

LICENCE NUMBER 0090794

NOTICES OF PROPOSAL NUMBER 17600, 17780, 17795

Agreed Statement of Facts

The Licence Holder, having consulted legal counsel and the Registrar’s counsel agree to the following:

1. On June 14, 2009, there were 688 people in an area licensed for 457 people. On August 1, 2009, there were 181 people in an area licensed for 164 people and a person was permitted to smoke marijuana in the licensed premises. On September 6, 2009, there were 255 people in an area licensed for 163 people.

2. Based on the facts in paragraph 1, the licence holder admits to violations of section 43 (exceed lawful capacity) and subsection 45(2) (controlled drug/substance) both of Ontario Regulations 719/90 under the Liquor Licence Act

3. The licence holder has a prior five (5) days suspension in 2008 for exceed lawful capacity.

Joint Submission Regarding

Disposition

The Licence Holder, having consulted legal counsel and the Registrar’s counsel submit that the following disposition is appropriate in these circumstances:

1. A thirty (30) day suspension of the liquor licence, dates to be submitted within seven days of the hearing, and the imposition of the following licence condition

“The licence holder shall request Toronto Police Services for the appropriate number of paid duty officers to attend at events exceeding 400 people hosted by promoters, disc jockeys and for special events exceeding 400 people.”

2. Should the Board member make the findings as submitted and impose the disposition as recommended, then Registrar’s counsel will withdraw the remaining allegations in Notice of Proposal number 17780 dated January 4, 2010.

Respectfully submitted this 18^th^ day of February, 2009.

for the licence holder Richard E. Kulis, for the Registrar

(Michael J. Taylor, of the AGCO

Barrister & Solicitor)