Registrar, Alcohol and Gaming Commission of Ontario v. 2128779 Ontario Limited, 2010 CanLII 80928

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-

2128779 Ontario Limited operating as On the Rocks Restaurant and Lounge

Licensee

DECISION

Panel: Kirsti Hunt, Vice-Chair, AGCO Alex McCauley, Board Member

Decision Date: December 2, 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 2128779 Ontario Limited, Licensee ) Jerry Levitan, Representative

1. A hearing into Notice of Proposal number 18070 dated May 12, 2010 to suspend liquor licence number 22710 issued to 2128779 Ontario Limited (the “Licensee”), operating as ON THE ROCKS RESTAURANT AND LOUNGE, 227 Brock Street South, Whitby, Ontario, L1N 4K2, on the basis of alleged violations of section 43 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on October 13, 2010 in the City of Toronto.

2. Ms Khan and Mr. Levitan submitted an Agreement (Exhibit #1) which forms part of this decision. It was agreed and admitted that:

   1. On January 23, 2010, there were approximately 213 persons in an area licensed for 121 persons. As well, several intoxicated persons were observed in the licensed premises.

   2. On February 7, 2010, there were approximately 152 persons in a licensed area for 121 persons.

3. Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 and subsection 45(1) of the O.Reg.

4. The Registrar’s Counsel and the Licence Holder consent to the amendment of the aforementioned Notice of Proposal to cite only those matters in the Agreed Facts and Agreement on Disposition. All other allegations in the original Notice of Proposal number 18070, dated May 12, 2010, are withdrawn.

5. In the event the Licence Holder sells the business prior to the suspension dates in paragraph 1 of the Agreement on Disposition, the Licence Holder will submit new dates for the suspension period to the Board for consideration.

Order

6. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 22710 issued to 2128779 Ontario Limited, operating as ON THE ROCKS RESTAURANT AND LOUNGE, 227 Brock Street South, Whitby, Ontario, L1N 4K2, be SUSPENDED NINETEEN for (19) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2011, and CONTINUE until 2:00 a.m. on January 21, 2011.

DATED AT TORONTO THIS 2^nd^ DAY OF December , 2010.

KIRSTI HUNT, VICE-CHAIR, AGCO ALEX MCCAULEY, 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 LIQUOR LICENCE

OF 2128779 ONTARIO LIMITED

OPERATING AS ON THE ROCKS RESTAURANT AND LOUNGE

LICENCE NUMBER 22710

NOTICE OF PROPOSAL NUMBER 18070

AGREEMENT

A. Independent Legal Advice

The Licence Holder acknowledges that the Licence Holder has consulted with legal counsel and has obtained independent legal advice prior to entering into this Agreement.

B. Agreed Facts

The Licence Holder and Registrar’s Counsel agree to the following:

1. On January 23, 2010, there were approximately 213 persons in an area licensed for 121 persons.

2. Further that, on January 23, 2010, several intoxicated persons were observed in the licensed premises.

3. Further that, on February 7, 2010, there were approximately 152 persons in an area licensed for 121 persons.

4. Based on the facts in paragraphs 1, 2 and 3, the licence holder admits to violations of section 43 and 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.

C. Agreement on Disposition

The Licence Holder and Registrar’s Counsel agree to the imposition of the following disposition based on the Agreed Facts:

1. A nineteen (19) day suspension of the liquor licence to start at 11:00 a.m. on Sunday January 2, 2011 and continue consecutively until 2:00 a.m. on Friday January 21, 2011.

2. In the event the Licence Holder sells the business prior to the suspension dates in paragraph 1, of the Agreement on Disposition, the Licence Holder will submit new dates for the suspension period to the Board for consideration.

D. Consent to Amendment of Notice of Proposal 18070

Registrar’s Counsel and the Licence Holder consent to the amendment of the aforementioned Notice of Proposal to cite only those matters in the Agreed Facts and Agreement on Disposition. All other allegations in the original Notice of Proposal number 18070 dated May 12, 2010, are withdrawn.

Dated in Toronto this 13^th^ day of October, 2010.

Roxanne Leigh Serra

For the Licence Holder

“I have authority to bind the corporate licensee”

Rena Khan for

The Registrar of Alcohol and Gaming