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-
2067842 Ontario Inc. operating as Inside the Corner Pocket Café Arcade & Billiards
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: November 16, 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
2067842 Ontario Inc., Licensee ) Ira Greenspoon, Representative
A hearing into Notice of Proposal number 18114 dated June 2, 2010 to suspend liquor licence number 804607 (the “licence”) issued to 2067842 Ontario Inc. (the “Licensee”) operating as INSIDE THE CORNER POCKET CAFÉ ARCADE & BILLIARDS, 66 Beverly Hills Drive, Unit D, Toronto, Ontario, M3L 1A5, on the basis of alleged violations of subsection 45(2) of the Liquor Licence Act (the “LLA”) and section 45.1 and subsections 25(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 1, 2010 in the City of Toronto.
Ms Khan and Mr. Greenspoon 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 October 11, 2009, police attended the premises in response to an emergency call about a patron threatening to stab another patron with a knife.
Further that, police were unable to enter the establishment as security had locked the door from the inside. The Licensee was uncooperative, but finally permitted the police to enter.
Futher that, at approximately 2:30 a.m., there were numerous intoxicated patrons in the licensed premises.
- Based on the agreed statement of facts, the licence holder admits to violations of subsection 45(2) of the LLA and subsection 45(1) of the O.Reg. 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 804607 issued to 2067842 Ontario Inc. operating as INSIDE THE CORNER POCKET CAFÉ ARCADE & BILLIARDS, 66 Beverly Hills Drive, Unit D, Toronto, Ontario, M3L 1A5, be SUSPENDED for SEVEN (7) consecutive days to COMMENCE at 11:00 a.m. on November 21, 2010, and CONTINUE until 2:00 a.m. on November 28, 2010.
DATED AT TORONTO THIS 16 DAY OF November , 2010.
PATRICIA McQUAID, VICE-CHAIR, AGCO
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 2067842 ONTARIO INC. OPERATING AS
INSIDE THE CORNER POCKET CAFÉ ARCADE & BILLIARDS
LICENCE NUMBER 804607
NOTICE OF PROPOSAL NUMBER 18114
AGREED STATEMENT OF FACTS
The Licencee, after consultation with counsel or having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
The Licence Holder and Registrar’s Counsel agree to the following:
On October 11, 2009, police attended the premises in response to an emergency call about a patron threatening to stab another patron with a knife.
Further that, police were unable to enter the establishment as security had locked the door from the inside. The Licensee was uncooperative, but finally permitted the police to enter.
Futher that, at approximately 2:30 a.m., there were numerous intoxicated patrons in the licensed premises.
Based on the facts in paragraphs 1, 2, and 3 the licence holder admits to violations of sections 45(1) of Ontario Regulation 719/90 under the LLA and subsection 45(2) of the LLA.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree to the imposition of the following disposition based on the Agreed Facts:
A seven (7) day suspension of the liquor licence to start at 11:00 a.m. on Sunday November 21, 2010 and continue consecutively until 2:00 a.m. on Sunday November 28, 2010.
The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notice of Proposal.
Dated in Toronto this 26th day of October, 2010.
Christopher Wu
For the Licence Holder
“I have authority to bind the corporate licensee”
Rena Khan Counsel for
the Regstrar of Alcohol and Gaming
The Deputy Registrar has reviewed the above noted Agreement and amends Notice of Proposal number 18114 to reflect this Agreement.
Tom Mungham
Deputy Registrar of Alcohol and Gaming