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-
1744304 Ontario Inc. operating as Swiss Pick Restaurant
Licensee
DECISION
Panel: Beryl Ford, Board Member Eleanor Meslin, Board Member
Decision Date: June 1, 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
1744304 Ontario Inc., Licensee ) Jerry Levitan, Representative
A hearing into Notice of Proposal number 17905 dated March 1, 2010 to suspend liquor licence number 202016 issued to 1744304 Ontario Inc. (the "Licensee") operating as SWISS PICK RESTAURANT, 445 Rexdale Boulevard, Toronto, Ontario, M9W 6K5, on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (the "LLA") and section 23.1, subsections 30.1(1), 31(1)(c) and 33(1) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, was held on May 21, 2010 in the City of Toronto.
Mr. 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:
On October 16, 2009, police officers found a 20 pack case of beer which had not been bought under the liquor licence in the refrigerator of the licensed premises. Two other bottles of liquor not purchased under the liquor licence were also found in the licensed premises. The police asked for certain liquor purchase receipts which were to be supplied within one week. Two weeks later when the officers returned the licensee did not provide those receipts.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the LLA and subsection 33(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 202016 issued to 1744304 Ontario Inc. operating as SWISS PICK RESTAURANT, 445 Rexdale Boulevard, Toronto, Ontario, M9W 6K5, be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on July 11, 2010, and CONTINUE until 2:00 a.m. on July 16, 2010.
DATED AT TORONTO THIS 1st DAY OF JUNE , 2010.
BERYL FORD, BOARD MEMBER ELEANOR MESLIN, 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 1744304 ONTARIO INC. OPERATING AS SWISS PICK RESTAURANT, 445 REXDALE BLVD., TORONTO LICENCE NUMBER 202016
NOTICE OF PROPOSAL 17905
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar's counsel agree to the following:
On October 16, 2009 police officers found a 20 pack case of beer which had not been bought under the liquor licence in the refrigerator of the licensed premises. Two other bottles of liquor not purchased under the liquor licence were also found in the licensed premises. The police asked for certain liquor purchase receipts which were to be supplied within one week. Two weeks later when the officers returned the licensee did not provide those receipts.
Based on the facts in paragraph 1, the licence holder admits to violation of subsection 33(1) (off licence liquor) of Ontario Regulation 719/90 under the Liquor Licence Act and subsection 45(2) (fail to facilitate) under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
JOINT SUBMISSION ON 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 five (5) day suspension of the liquor licence.
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 17905 date March 1, 2010
Dated at Toronto this 21st day of May, 2010
For the licence holder Richard E. Kulis
For the Registrar of Alcohol and Gaming