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-
Kool Holdings Inc. operating as This is London
Licensee
DECISION
Panel: Eleanor Meslin, Board Member Bruce S. Miller, Board Member
Decision Date: April 28th, 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 ) Phillip Morris, Representative
Kool Holdings Inc., Licensee ) Jerry Levitan, Representative
A hearing into Notice of Proposal (“NOP”) number 17662 dated October 30, 2009 and NOP 17712 as amended by NOP 17741 dated December 9, 2009 to suspend liquor licence number 806631 issued to Kool Holdings Inc. (the “Licensee”), operating as THIS IS LONDON, 364 Richmond Street West, Toronto, Ontario, M5V 1X6, on the basis of alleged violations of subsections 34(2), 45(1), and 45(2) of the Liquor Licence Act (the “LLA”) and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on April 12, 2010 in the City of Toronto.
Mr. Morris 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:
On December 14, 2008, there was a drunken patron in the licensed premises
On May 17, 2009, a patron who was drunk and disorderly was escorted out of the licensed premises, as a result of which a security member was charged criminally. On July 11, 2009, staff members failed to assist police to determine that the staff member was on the premises in violation of his release conditions.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the LLA and subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 806631, issued to Kool Holdings Inc., operating as THIS IS LONDON, 364 Richmond Street West, Toronto, Ontario, M5V 1X6, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on July 2, 2010, and CONTINUE until 2:00 a.m. on July 16, 2010.
DATED AT TORONTO THIS 28th DAY OF APRIL, 2010.
ELEANOR MESLIN, BOARD MEMBER BRUCE S. MILLER, BOARD MEMBER
Attached
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 LICENCE OF KOOL HOLDINGS INC. OPERATING AS THIS IS LONDON, 364 RICHMOND STREET WEST, TORONTO
LICENCE NUMBER 806631
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 17662 ISSUED OCTOBER 30, 2009 AND A NOTICE OF PROPOSAL NO. 17712 AS AMENDED BY NOTICE OF PROPOSAL NO. 17741 ISSUED DECEMBER 9, 2009
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Dec. 14, 2008, there was a drunken patron in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(1) of Ont. Reg. 719/90 (permit drunkenness).
On May 17, 2009, a patron who was drunk and disorderly was escorted out of the licensed premises, as a result of which a security staff member was charged criminally. On July 11, 2009, staff members failed to assist police to determine that the staff member was on the premises in violation of his release conditions.
Based on paragraph 3, the licensee breached s. 45(1) of Ont. Reg. 719/90 (permit drunk and disorderly conduct) and s. 45(2) of the Liquor Licence Act (fail to facilitate).
The Licensee has shown remorse and co-operated with the Commission.
The licensee was suspended in 2007 for breaches of the Liquor Licence Act and regulations.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
The Board shall suspend licence no. 806631 for a period of 14 days.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 12TH DAY OF APRIL, 2010.
RESPECTFULLY SUBMITTED,
Jim Kambourakis Phillip Morris
“I have authority to bind Registrar’s Counsel the Corporation.”