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-
2149459 Ontario Inc. operating as Lot 332
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Brian J. Ford, Board Member
Decision Date: February 18, 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 2149459 Ontario Inc., Licensee ) Adam Vassos, Representative
[1]. A hearing into Notice of Proposal number 17524 dated September 16, 2009 to suspend liquor licence number 810901 (the “licence”), issued to 2149459 Ontario Inc. (the “Licensee”), operating as LOT 332, 332 Richmond Street West, Toronto, Ontario, M5V 1X2, on the basis of alleged violations of section 43 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on February 5, 2010 in the City of Toronto.
[2]. Mr. Kulis and Mr. Vassos 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 April 10, 2009 a drunken patron was permitted in the licensed premises. Further there were 129 people in an area licensed for 84 people.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 45(1) of the O.Reg.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 810901, issued to 2149459 Ontario Inc., operating as LOT 332, 332 Richmond Street West, Toronto, Ontario, M5V 1X2, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on February 22, 2010, and CONTINUE until 2:00 a.m. on March 15, 2010.
DATED AT TORONTO THIS 18^th^ DAY OF February , 2010.
PATRICIA MCQUAID, VICE-CHAIR BRIAN J. FORD, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsection 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF 2149459 ONTARIO INC. OPERATING AS LOT 332, 332 RICHMOND STREET WEST, TORONTO LICENCE NUMBER 0810901 NOTICE OF PROPOSAL NUMBER 17524
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel and the Registrar’s counsel agree to the following:
On April 10, 2009 a drunken patron was permitted in the licensed premises. Further there were 129 people in an area licensed for 84 people.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) (permit drunkenness) and section 43 = (exceed lawful capacity) both of Ontario Regulations 719/90 under the Liquor Licence Act.
The licence holder has a prior 33 day suspension served in February 2009.
-2-
JOINT SUBMISSION REGARDING DISPOSITION
The Licence Holder, having consulted with legal counsel, and the Registrar’s counsel submit that the following disposition is appropriate in these circumstances:
- A twenty-one (21) day suspension of the liquor licence.
Dated in Toronto this 5^th^ day of February, 2010
For the Licence Holder Richard E. Kulis, for the Registrar of the AGCO