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 Ontario Registrar
-and-
1602103 Ontario Inc. operating as Lava Nightclub Lounge Eatery Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO
Decision Date: December 3, 2010
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 200 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 ) Richard Kulis, Representative
1602103 Ontario Inc., Licensee ) Angelo P. Fazari, Representative
[1]. A teleconference hearing into Notice of Proposal number 18146 dated June 16, 2010 to revoke liquor licence number 807212 (the “licence”) issued to 1602103 Ontario Inc. (the “Licensee”), operating as LAVA NIGHTCLUB LOUNGE EATERY, 149 St. Paul Street, St Catherines, Ontario, L2R 3M5 on the basis of alleged violations of clause 6(2)(d) of the Liquor Licence Act (the “LLA”) and subsection 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 10, 2010. Representatives of the parties were on the call with the Chair.
[2]. Mr. Kulis and Mr. Fazari 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:
Undercover police officers openly purchased cocaine from patrons in the licensed premises on September 25, October 2, November 14, 20, 28, 29, December 5 and 12 all in 2009.
[3]. Based on the Agreed Statement of Facts, the Board found that the Licensee breached subsection 45(2) of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 807212 issued to 1602103 Ontario Inc. operating as LAVA NIGHTCLUB LOUNGE EATERY, 149 St. Paul Street, St Catherines, Ontario, L2R 3M5, be SUSPENDED for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on Sunday, January 30, 2011, and CONTINUE until 2:00 a.m. on Tuesday, March 1, 2011.
DATED AT TORONTO THIS 3rd DAY OF December , 2010.
DAVID C. GAVSIE, 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 1602103 ONTARIO INC. OPERATING AS LAVA NIGHTCLUB LOUNGE EATERY, 149 ST. PAUL STREET, ST. CATHERINES LICENCE NUMBER 0807212 NOTICE OF PROPOSAL NUMBER 18146
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
Undercover police officers openly purchased cocaine from patrons in the licensed premises on September 25, October 2, November 14, 20, 28, 29, December 5 and 12 all in 2009.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licensee has no prior adverse record with the Commission.
Joint Submission Regarding 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 thirty (30) day suspension of the liquor licence to be served starting at 11:00 am on Sunday, January 30, 2011 until 2:00 am on Tuesday March 1, 2011.
Should the Board member make the findings as submitted and impose the disposition as recommended, then Registrar’s counsel will withdraw the remaining allegations, clause 6(2)(d) of the Liquor Licence Act, in Amended Notice of Proposal number 18146 dated June 16, 2010.
Dated at Toronto this 5th day of November 2010
For the licence holder Richard E. Kulis
For the Registrar of Alcohol and Gaming