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-
1724608 Ontario Inc. operating as Big Echo Karaoke & Lounge
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: May 4th, 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 ) Joyce Taylor, Representative
1724608 Ontario Inc., Licensee ) Carlo Pierozzi, Representative
A hearing into Notice of Proposal number 17805 dated January 18, 2010 to suspend liquor licence number 808860 issued to 1724608 Ontario Inc. (the “Licensee”) operating as BIG ECHO KARAOKE & LOUNGE, 2347 Kennedy Road, Basement Level, Toronto, Ontario, M1T 3T8 on the basis of an alleged violation of section 52 of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA was held on April 30, 2010 in the City of Toronto.
On consent of the parties, allegations of further violations occurring on March 13 and 21, 2010 were included in the matter before the Board.
Ms Taylor and Mr. Pierozzi 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 August 29, 2009 a liquor inspector visited the licensed establishment and found that patrons were in the premises, but the doors to the premises were locked, in breach of the condition requiring that the doors to the establishment be kept unlocked while patrons are inside the premises. The liquor licence was not posted in a conspicuous location.
On March 13, 2010 a liquor inspector visited the establishment and again found patrons inside the premises, but the doors to the premises were locked. On March 21, 2010, liquor inspectors and police officers visited the establishment and yet again, found that the doors to the establishment were locked while patrons were still inside.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 52 of the O. Reg. The Board also found a breach of the condition on the licence requiring that the doors of the establishment be kept-unlocked while patrons are inside the premises.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 808860 issued to 1724608 Ontario Inc. operating as BIG ECHO KARAOKE & LOUNGE, 2347 Kennedy Road, Basement Level, Toronto, Ontario, M1T 3T8, be SUSPENDED for TWENTY-SIX (26) consecutive days to COMMENCE at 11:00 a.m. on May 30, 2010, and CONTINUE until 2:00 a.m. on June 25, 2010.
DATED AT TORONTO THIS 4th DAY OF MAY, 2010.
PATRICIA MCQUAID, VICE-CHAIR
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
1724608 ONTARIO INC. OPERATING AS BIG ECHO KARAOKE
2347 KENNEDY ROAD, BASMENT LEVEL, TORONTO
LICENCE NO. 808860
NOTICE OF PROPOSAL 17805
AGREED STATEMENT OF FACTS
The Licence Holder, who has been advised of its right to licensed legal representation has waived that right and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated January 18, 2010:
On August 29, 2009 a liquor inspector visited the licensed establishment and found that patrons were in the premises, but the doors to the premises were locked, in breach of the condition requiring that the doors to the establishment be kept unlocked while patrons are inside the premises. The liquor licence was not posted in a conspicuous location.
On March 13, 2010 a liquor inspector visited the establishment and again found patrons inside the premises, but the doors to the premises were locked. On March 21, 2010, liquor inspectors and police officers visited the establishment and yet again, found that the doors to the establishment were locked while patrons were still inside.
Based on the above-mentioned facts, the Licensee admits to breaching section 52 of O.Reg 719/90, and breaching a condition of its liquor licence.
Since March 21, 2010, the Licensee has taken corrective action to ensure that the doors to the establishment will be unlocked at all times when patrons are present in the establishment.
JOINT SUBMISSION ON DISPOSITION
Whereas the Licensee was previously suspended for fourteen (14) days in 2009 for breaching section 34(1) (permitting removal of liquor), section 29 (failing to clear the signs of service and consumption of liquor), section 25 (serving liquor after 2:00a.m.), section 45 (1), (permitting drunkenness), section 54(1)(b) (failing to maintain receipts), of Ontario Revised Regulation 719/90, and sections 45(1) (obstructing a liquor inspection) and 45(2) (Failing to facilitate an inspection) of the Liquor Licence Act,
The Licensee who has been advised of its right to legal representation and has waived that right and Registrar’s counsel jointly submit that the following disposition is appropriate to the circumstances:
- There shall be a twenty-six (26) day suspension of liquor licence 808860 to be served on dates to be provided in writing to the Manager of Hearings Section of the Alcohol and Gaming Commission within seven (7) days of today’s date, failing which the Board shall set the dates without further consultation with the Licensee. The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
Respectfully submitted this 30th day of April, 2010.
1724608 ONTARIO INC.
Gordon Kennedy Landon Joyce A.. Taylor
“I have authority to bind Counsel for the Registrar
the Corporation.”
Carlo Pierozzi
Licensee’s Consultant