Registrar, Alcohol and Gaming Commission of Ontario v. 2172392 Ontario Inc., 2010 CanLII 80949

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-

2172392 Ontario Inc. operating as Vola Licensee

DECISION

Panel: Allan Higdon, Board Member Eleanor Meslin, Board Member

Decision Date: December 20, 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 2172392 Ontario Inc., Licensee ) Jerry Levitan, Representative

1A hearing into Notice of Proposal (“NOP”) number 18112 dated June 11, 2010, NOP number 18345 dated October 25, 2010 and Incident Number 548833 dated October 26, 2010 to suspend liquor licence number 804312 (the “licence”) issued to 2172392 Ontario Inc. (the “Licensee”) operating as VOLA, 214/216 Adelaide Street, Toronto, Ontario, M5H 1W7, on the basis of alleged violations of sections 25 and 29 and subsections 17(1), 33(1), 45(1), and 45(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA was held on November 4, 2010 in the City of Toronto.

2Ms Khan and Mr. Levitan 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:

1. On January 1, 2010 there was a drunk patron in the licensed establishment.
2. Further that, on April 24, 2010, at approximately 12:56 a.m., the Licensee permitted the use of marijuana in an area under the exclusive control of the Licensee.
3. Further that, on April 24, 2010, the Licensee breached conditions on the liquor licence when security persons were not visibly identifiable and when the sidewalk was not maintained free and clear for passing pedestrians.
4. Further that, on April 25, 2010, the Licensee breached a condition on the liquor licence when security persons were not visibly identifiable.
5. Further that, on May 17, 2010, the Licensee breached a condition on the liquor licence when sound was emanating from the licensed establishment which was projected beyond the lot line of the property on which the licensed premises is located.
6. Further that, on July 24, 2010, liquor was served outside prescribed hours and the licence holder failed to clear the signs of service and consumption within 45 minutes after the time in which liquor may be sold and served.
7. Further that, on July 24, 2010, the licence holder permitted liquor other than liquor purchased under the liquor licence to be brought into the licensed area.

3Based on the Agreed Statement of Facts, the Board found the Licensee breached sections 25 and 29 and subsections 17(1), 33(1), 45(1), and 45(2) of O.Reg 719/90 under the LLA.

Order

4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 804312 issued to 2172392 Ontario Inc. operating as VOLA, 214/216 Adelaide Street, Toronto, Ontario, M5H 1W7, be SUSPENDED for TWENTY-EIGHT (28) consecutive days to COMMENCE at 11:00 a.m. on January 2, 2011 and CONTINUE until 2:00 a.m. on January 30, 2011.

DATED AT TORONTO THIS 20^TH^ DAY OF DECEMBER, 2010.

ALLAN HIGDON, BOARD MEMBER ELEANOR MESLIN, 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 2172392 ONTARIO INC. OPERATING AS VOLA 214/216 ADELAIDE STREET, TORONTO LICENCE NO. 804312

NOTICES OF PROPOSAL NUMBER 18345, 18112 AND INCIDENT NUMBER 548833

NOTICES OF PROPOSAL ISSUED JUNE 11, 2010, OCTOBER 25, 2010 AND INCIDENT DATED OCTOBER 26, 2010

AGREED STATEMENT OF FACTS

The Licencee, after consultation with counsel or having being advised of the right to counsel and the Registrar agree to the following facts:

1. On January 1, 2010 there was a drunk patron in the licensed establishment.
2. Further that, on April 24, 2010, at approximately 12:56 a.m., the Licensee permitted the use of marijuana in an area under the exclusive control of the Licensee.
3. Further that, on April 24, 2010, the Licensee breached conditions on the liquor licence when security persons were not visibly identifiable and when the sidewalk was not maintained free and clear for passing pedestrians.
4. Further that, on April 25, 2010, the Licensee breached a condition on the liquor licence when security persons were not visibly identifiable.
5. Further that, on May 17, 2010, the Licensee breached a condition on the liquor licence when sound was emanating from the licensed establishment which was projected beyond the lot line of the property on which the licensed premises is located.
6. Further that, on July 24, 2010, liquor was served outside prescribed hours and the licence holder failed to clear the signs of service and consumption within 45 minutes after the time in which liquor may be sold and served.
7. Further that, on July 24, 2010, the licence holder permitted liquor other than liquor purchased under the liquor licence to be brought into the licensed area.
8. Based on the facts in paragraphs 1, 2, 3, 4, 5, 6, and 7, the licence holder admits to violations of sections 45(1), 45(2), 17(1), 25, 29, and 33(1) of Ontario Regulation 719/90 under 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:

1. A twenty-eight (28) day suspension of liquor licence 804312 start at 11:00 a.m. on Sunday January 2, 2011 and continue consecutively until 2:00 a.m. on Sunday January 30, 2011.

2. The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations in the Notices of Proposal.