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-
1197801 Ontario Inc. operating as Body English
Licensee
DECISION
Panel: Brian Ford, Board Member Joan Lougheed, Board Member
Decision Date: July 14, 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
1197801 Ontario Inc., Licensee ) Randall Barrs, Representative
A teleconference hearing into Notice of Proposal (“NOP”) number 17407 dated September 3, 2009 to suspend a licence, NOP number 17826 dated January 15, 2010 to revoke a licence and NOP number 17883 dated February 18, 2010 to suspend liquor licence number 100072 (the “licence”) issued to 1197801 Ontario Inc. (the “Licensee”) operating as BODY ENGLISH, 1325 Eglinton Avenue East, Units 1 to 6, Mississauga, Ontario, L4W 4L9, on the basis of alleged violations of subsection 14(1) of Ontario Regulation 58/00 (the “O.Reg 58/00”) made pursuant to the Liquor Licence Act ( the “LLA”), sections 45.2 and 52 and subsections 45(1) and 45(2) of Ontario Regulation 719/90 (the “O.Reg 719/90”) made pursuant to the LLA, disentitlement to a licence under section 6 of the LLA and an allegation of a breach of a condition on the licence, was held on May 17, 2010 and June 18, 2010 in the City of Toronto.
Mr. Kulis and Mr. Barrs 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. On January 15, 2010, a person was allowed to enter the licensed premises with a gun. At the end of the evening and during a fight in the licensed premises that person pulled out the gun and fired several shots in the licensed premises.
b. On February 14, 2009 and January 24, 2010, a drunken patron was in the licensed premises on each night.
c. On December 19, 2008, at 2:09 a.m. there were no identifiable security people in the parking lot as required by a condition on the licence.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached section 45.2 and subsection 45(1) of the O.Reg 719/90, and as well, a condition on the licence. 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 100072 issued to 1197801 Ontario Inc. operating as BODY ENGLISH, 1325 Eglinton Avenue East, Units 1 to 6, Mississauga, Ontario, L4W 4L9, be SUSPENDED for SIXTY (60) consecutive days to COMMENCE at 11:00 a.m. on August 8, 2010, and CONTINUE until 2:00 a.m. on October 7, 2010.
DATED AT TORONTO THIS 14^th^ DAY OF JULY , 2010.
BRIAN FORD, BOARD MEMBER JOAN LOUGHEED, 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 1197801 ONTARIO INC. OPERATING AS
BODY ENGLISH, 1325 EGLINTON AVENUE EAST, UNIT 1-6,
MISSISSAUGA
LICENCE NUMBER 0100072
NOTICES OF PROPOSAL NUMBERS 17407, 17826, 17883
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
On January 15, 2010 a person was allowed to enter the licensed premises with a gun. At the end of the evening and during a fight in the licensed premises that person pulled out the gun and fired several shots in the licensed premises.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45.2 (control who enters premises) and subsection 45(1) both of Ontario Regulation 719/90 under the Liquor Licence Act
On February 14, 2009 and January 24, 2010 a drunken patron was in the licensed premises on each night.
Based on the facts in paragraph 3, the licence holder admits to a violation of 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On December 19, 2008, at 2:09 am there were no identifiable security people in the parking lot as required by the licence condition.
Based on the facts in paragraph 5, the licence holder admits to a violation of the following condition, “There will be four clearly identifiable security persons outside the licensed premises in the parking lot areas from 1:30 am to 3:30 am.”
The licence holder has prior suspensions of seventy days in 2007 ( a combination of two separate suspensions of 45 and 25 days) and suspensions of seven and eight days in 2008.
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 sixty (60) day suspension of the liquor licence to be served starting at 11:00 am on August 8, 2010 until 2:00 am on October 7, 2010.
Should the Board member make the findings as submitted and impose the disposition as recommended, the Registrar’s counsel will withdraw the remaining allegations in Notices of Proposal numbers 178407, 178226 and 17883.
Dated at Toronto this 17^th^ day of May, 2010
For the licence holder Richard E. Kulis
For the Registrar of the Alcohol and
Gaming