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-
Lee’s Palace (2001) Inc. operating as Lee’s Palace Licensee
DECISION
Panel: Beryl Ford, Board Member Eleanor Meslin, Board Member
Decision Date: May 20, 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 ) Rena Khan, Representative ) Phillip Morris, Representative
Lee’s Palace (2001) Inc., Licensee ) Jerry Levitan, Representative
1A hearing into Notice of Proposal number 17873 dated February 17, 2010 to suspend liquor licence number 90475 issued to Lee’s Palace (2001) Inc. (the “Licensee”) operating as LEE’S PALACE, 529 Bloor Street West, Toronto, Ontario, M5S 1Y5, on the basis of an alleged violation of section 43 of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on May 13, 2010 in the City of Toronto.
2Mr. 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 November 28, 2009, there were 499 people in an area licensed for 442 people.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 90475 issued to Lee’s Palace (2001) Inc. operating as LEE’S PALACE, 529 Bloor Street West, Toronto, Ontario, M5S 1Y5, be SUSPENDED for seven (7) consecutive days to COMMENCE at 11:00 a.m. on July 18, and CONTINUE until 2:00 a.m. on July 25, 2010.
DATED AT TORONTO THIS 20th DAY OF MAY, 2010.
BERYL FORD, BOARD MEMBER ELEANOR MESLIN, 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 LEE’S PALACE (2001) INC. OPERATING AS LEE’S PALACE 529 BLOOR ST. WEST, TORONTO LICENCE NUMBER 90475
AND IN THE MATTER OF A NOTICE OF PROPOSAL NO. 17873 ISSUED FEB 17, 2010.
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On Nov. 28, 2009, there were 499 people in an area licensed for 442 people.
Based on paragraph 1, the licensee breached s.43 of Ont. Reg 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 14 days in 2005, 15 days in 2006, and paid a monetary penalty of $1000 in 2009 for breaches of the Liquor Licence Act and Regulations. The only prior overcrowding occurred in 2004.
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. 90475 for a period of 7 days.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on the Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
DATED AT TORONTO THIS 13TH DAY OF MAY, 2010.
RESPECTFULLY SUBMITTED,
Jeffrey Cohen Phillip Morris For licensee Registrar’s Counsel