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-
2128779 Ontario Limited operating as On the Rocks Restaurant and Lounge
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: April 15, 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
2128779 Ontario Limited, Licensee ) Jerry Levitan, Representative
1A teleconference hearing into Notice of Proposal (“NOP”) number 17561 dated September 23, 2009, NOP number 17743 dated December 9, 2009 and NOP number 17829 dated January 19, 2010 to suspend liquor licence number 22710, issued to 2128779 Ontario Limited (the “Licensee”), operating as ON THE ROCKS RESTAURANT AND LOUNGE, 227 Brock Street South, Whitby, Ontario, L1N 4K2 (the “premises”), on the basis of alleged violations of section 43, subsections 34(1) and 45(1) and paragraph 50(c) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act, was held on March 29, 2010 in the City of Toronto.
2Mr. Kulis 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:
In premises licensed for 121 people, there were 216 people on July 18, 2009 and 170 people on August 9, 2009. Further on July 18, 2009 an exit door on the patio was locked while on August 9, 2009 a patron removed liquor from the licensed premises.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43, subsection 34(1) and paragraph 50(c) of the O. Reg. The Board accepted the withdrawal of the remaining allegations in Notices of Proposal 17743 and 17829.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 22710, issued to 2128779 Ontario Limited, operating as ON THE ROCKS RESTAURANT AND LOUNGE, 227 Brock Street South, Whitby, Ontario, L1N 4K2, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on May 11, 2010, and CONTINUE until 2:00 a.m. on May 25, 2010.
DATED AT TORONTO THIS 15th DAY OF April , 2010.
PATRICIA MCQUAID, VICE-CHAIR
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 2128779 ONTARIO LIMITED OPERATING AS ON THE ROCKS RESTAURANT AND LOUNGE, 227 BROCK STREET SOUTH, WHITBY LICENCE NUMBER 22710
NOTICE OF PROPOSAL NUMBERS 17561, 17743, 17829
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
In premises licensed for 121 people, there were 216 people on July 18, 2009 and 170 people on August 9, 2009. Further on July 18, 2009 an exit door on the patio was locked while on August 9, 2009 a patron removed liquor from the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of section 43 (exceed capacity), paragraph 50(c) (fire code) and subsection 34(1) (remove liquor) all of Ontario Regulation 719/90 under the Liquor Licence Act
The licence holder has a prior $1,000.00 OMP for a violation of section 43 of O. Reg. 719/90.
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:
A fourteen (14) day suspension of the liquor licence to start at 11:00 am on Tuesday, May 11, 2010 until 2:00 am on Tuesday, May 25, 2010.
Should the Board member make the findings as submitted and impose the disposition as recommended. The Registrar’s counsel will withdraw the remaining allegations in Notice of Proposal number 17743 dated December 9, 2009 and Notice of Proposal number 17829 dated January 19, 2010.
Dated in Toronto this 25 day of MARCH 2010.
for the licence holder Richard E. Kulis
For the Registrar of Alcohol and Gaming