IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c. L. 19 s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCES OF
1502043 ONTARIO INC. AND 1511438 ONTARIO INC., OPERATING AS
LEVEL NIGHT CLUB / MANSION / THE SUITE NIGHT CLUB
102 AND 102 – 108 PETER STREET, TORONTO
LICENCE NUMBERS 809765 AND 809774
O R D E R
WHEREAS a hearing into Notice of Proposal (“NOP”) number 17513 dated September 4, 2009 and NOP number 17638 dated October 29, 2009 to suspend liquor licence number 809765, issued to 1502043 Ontario Inc., operating as LEVEL NIGHT CLUB (also known as MANSION), 102 Peter Street, Toronto, Ontario, M5V 2G7, on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and subsections 45(1) and 45(2) of Ontario Regulation 719/90 (“O.R. 719/90”) made pursuant to the LLA, and NOP number 17806 dated January 12, 2010 to suspend liquor licence number 809774, issued to 1511438 Ontario Inc., operating as THE SUITE NIGHT CLUB, 102 – 108 Peter Street, Toronto, Ontario, M5V 2G7, on the basis of alleged violations of subsections 30(4) and 45(1) of the LLA and sections 29, 43 and 45.2 and subsections 25(1), 34(1), 45(1) and 45(2) of O.R. 719/90 made pursuant to the LLA, was held on April 7, 2010 in the City of Toronto;
AND WHEREAS the Registrar’s Representative, Richard Kulis, and the Licensees’ Representative, Varissa Petitti, submitted Agreed Statements of Fact and Joint Submissions Regarding Disposition (Exhibits 1 and 2), which form part of this order;
AND WHEREAS based on the Agreed Statement of Facts, the Board found Licensee 1502043 Ontario Inc. (licence number 809765) breached subsection 45(2) of O.R. 719/90 and Licensee 1511468 Ontario Inc. (licence number 809774) breached subsection 30(4) of the LLA and section 43 and subsections 34(1), 45(1) and 45(2) of O.R. 719/90, and agreed to the withdrawal of the remaining allegations;
THEREFORE having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 809774, issued to 1511438 Ontario Inc., operating as THE SUITE NIGHT CLUB, 102 – 108 Peter Street, Toronto, Ontario, M5V 2G7, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on April 14, 2010, and CONTINUE until 2:00 a.m. on May 5, 2010, to be served concurrently with a suspension of the liquor licence at operations known as Level Night Club (also known as Mansion), liquor licence number 809765.
DATED AT TORONTO THIS 12^th^ DAY OF April , 2010.
ELEANOR MESLIN BOARD MEMBER BRUCE S. MILLER, BOARD MEMBER
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 1511438 ONTARIO INC. OPERATING AS THE
SUITE NIGHT CLUB, 102-108 PETER STREET, TORONTO
LICENCE NUMBER 0809774
NOTICE OF PROPOSAL NUMBER 17806
Agreed Statement Of Facts
The License Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
On July 11, 2009 drunken patrons were permitted in the licensed premises and a patron was permitted to smoke marijuana in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsections 45(1) (permit drunkenness) and (2) (permit use of controlled drug/substance) both of Ontario Regulation 719/90 under the Liquor Licence Act
On August 1, 2009 a person under the age of 19 years was permitted to consume liquor in the licensed premises and a patron was permitted to smoke marijuana in the licensed premises.
Based on the facts in paragraph 3, the licence holder admits to violations of subsections 30(4) (permit minor consume liquor) of the Liquor Licence Act and 45(2) (permit use of controlled drug/substance of Ontario Regulation 719/90 under the Liquor Licence Act
On August 3, 2009 there were 900 people in an area licensed for 405 people. A patron removed liquor from the licensed premises.
Based on the facts in paragraph 5, the licence holder admits to violations of section 43 (exceed capacity) and 34(1) (permit removal of liquor) both of Ontario Regulation 719/90 under the Liquor Licence Act
The licence holder has no prior adverse record with the Commission. During the time of these violations the licensee had signed a contracting out letter to potential new owners. The operations of the business were managed by the transfer applicants. These transfer applicants have since withdrawn their transfer applications.
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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 which is to be served concurrently with a suspension of the liquor licence at operations known as Level Night Club ( also known as Mansion), liquor licence number 809765
Should the Board members 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 17806 dated January 12, 2010.
Dated in Toronto this 6^th^ day of April, 2010.
For the licence holder Richard E. Kulis
For the Registrar of Alcohol &
Gaming
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 1502043 ONTARIO INC. OPERATING AS LEVEL
NIGHT CLUB (also known as MANSION), 102 PETER
STREET, TORONTO
LICENCE NUMBER 0809765
NOTICE OF PROPOSAL NUMBERS 17513 AND 17638
Agreed Statement Of Facts
The Licence Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
On July 26, 2008, a patron was injured while being removed from the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45(1) (permit disorderly conduct) of Ontario Regulation 719/90 under the Liquor Licence Act.
Drunken patrons were permitted in the licensed premises on May 30, June 28, July 25 and 26, 2009.
Based on the facts in paragraph 3, the licence holder admits to a violation of subsection 45(1) (permit drunkenness) of Ontario Regulation 719/90 under the Liquor Licence Act.
On May 9, 2009 some patrons smoked marijuana in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to a violation of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior seventeen (17) day suspension in 2005 and a thirteen day suspension in 2007. Except for the July 26, 2008 violation, during the time of these violations the licensee had signed a contracting out letter to potential new owners. The operations of the business were managed by the transfer applicants. These applicants have since withdrawn their transfer applications.
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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 to be served concurrently with the suspension for The Suite Night Club, licence number 809774.
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 17638 dated October 29, 2009
Dated at Toronto this 6^th^ day of April, 2010.
For the licence holder Richard E Kulis
For the Registrar of Alcohol and
Gaming