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-
1758944 Ontario Inc. operating as Strangelove Licensee
DECISION
Panel: Alex McCauley, Board Member Bruce Miller, Board Member
Decision Date: June 15, 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
1758944 Ontario Inc., Licensee ) Pradeep Chand, Representative
[1]. A hearing into Notice of Proposal (“NOP”) number 17418 dated August 5, 2009, to suspend a licence, NOP number 17756 dated December 16, 2009 to suspend a licence, NOP number 17866 dated February 10, 2010 to suspend a licence and NOP number 17978 dated April 15, 2010 to revoke liquor licence number 808547 issued to 1758944 Ontario Inc. (the “Licensee”) operating as STRANGELOVE, 587 College Street, Toronto, Ontario, M6G 1B4, on the basis of alleged violations of section 29 and clause 6(2)(d) of the Liquor Licence Act (the “LLA”), and section 43 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on May 28, 2010 in the City of Toronto.
[2]. Mr. Morris and Mr. Chand 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:
a. There were the following number of people in the premises licensed for 89 people:
i. March 27, 2009 156
ii. April 3, 2009 176
iii. November 7, 2009 174
iv. November 8, 2009 131
v. January 31, 2010 159
vi. February 28, 2010 133
vii. March 6, 2010 116
b. The latter two breaches occurred despite a written warning from the Deputy Registrar that further breaches could result in a Notice of Proposal to revoke the licence.
c. On February 28, 2010, there was a drunken patron in the licensed premises.
d. The licensee has failed to file a Safety and Security Plan as required by a condition on the licence.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 808547 issued to 1758944 Ontario Inc. operating as STRANGELOVE, 587 College Street, Toronto, Ontario, M6G 1B4, be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on June 20, 2010, and CONTINUE until 2:00 a.m. on August 4, 2010.
DATED AT TORONTO THIS 15th DAY OF June , 2010.
ALEX MCCAULEY, BOARD MEMBER BRUCE 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 1758944 ONTARIO INC. OPERATING AS STRANGELOVE
LICENCE NUMBER 808547
AND IN THE MATTER OF A NOTICES OF PROPOSAL NOS.
17418, 17756, 17866, AND 17978
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
- There were the following number of people in premises licensed for 89 people:
March 27, 2009 156
April 3, 2009 176
November 7, 2009 174
November 8, 2009 131
January 31, 2010 159
February 28, 2010 133
March 6, 2010 116
The latter 2 breaches occurred despite a written warning from the Deputy Registrar that further breaches could result in a Notice of Proposal to revoke the licence.
Based on paragraph 1, the licensee breached s. 43 of Ont. Reg 719/90 under the Liquor Licence Act.
On February 28, 2010, there was a drunken patron in the licensed premises.
Based on paragraph 3, the licensee breached s. 45(1) of Ont. Reg 719/90.
The licensee has failed to file a Safety and Security Plan as required by a condition on the licence.
The licensee has shown remorse and co-operated with the Commission.
The licensee was issued a monetary penalty of $2000 for a similar breach in Nov. 2008 and was suspended for 12 days for a similar breach in June 2009.
The licensee acknowledges that it has been warned that any further overcrowdings may result in the Registrar issuing an interim suspension order and another Notice of Proposal to revoke the licence.
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. 808547 for a period of 45 days.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all the remaining allegations in the Notice of Proposal
DATED AT TORONTO THIS 27TH DAY MAY, 2010
RESPECTFULLY SUBMITTED,
Quinton Anthony Vallozzi Phillip Morris
for Registrar’s Counsel
licensee