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-
1672750 Ontario Inc., operating as Silver City Bar & Grill
Licensee
DECISION
Panel: Brian J. Ford, Board Member Allan Higdon, Board Member
Decision Date: December 3, 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 ) Richard Kulis, Representative 1672750 Ontario Inc., Licensee ) Pradeep Chand, Representative
A teleconference hearing into Notice of Proposal (“NOP”) number 17732 dated December 9, 2009 to suspend a licence, and NOP number 18009 dated April 21, 2010 to revoke liquor licence number 800485 (the “licence”) issued to 1672750 Ontario Inc. (the “Licensee”), operating as SILVER CITY BAR & GRILL, 780 Danforth Avenue, Toronto, Ontario, M4J 1L5, on the basis of alleged violations of clause 6(2)(d) and subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and sections 29, 45.1, and 45.2 and subsections 20(1), 25(1), 31(1)(c), 33(1), 34(1), 45(1), 55(2) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on October 12, 2010 in the City of Toronto.
Mr. Kulis and Mr. Chand 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 April 10, 2009, at approximately 3:29 a.m., liquor was still not cleared from the licensed premises. Liquor licence inspectors attempted to enter the licensed premises but were not allowed to do so until bottles and glasses were cleared from the premises.
On May 24, 2009, the licence holder failed to display in a place visible to the public a suspension placard.
On July, 29 2009, a fight involving patrons of the licensed premises occurred immediately outside the licensed premises.
On July 30, 2009, a drunken patron was in the licensed premises.
On October 3, 2009, liquor not purchased under the liquor licence was brought into the licensed premises.
On January 30, 2010, drunken patrons were in the licensed premises. A patron removed liquor from the licensed premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the LLA, sections 29 and 45.1 and subsections 33(1), 34(1), 45(1) and 55(2) 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 800485 issued to 1672750 Ontario Inc., operating as SILVER CITY BAR & GRILL, 780 Danforth Avenue, Toronto, Ontario, M4J 1L5, be SUSPENDED for FIFTY-FIVE (55) consecutive days to COMMENCE at 11:00 a.m. on January 14, 2011 and CONTINUE until 2:00 a.m. on March 10, 2011.
DATED AT TORONTO THIS 3rd DAY OF December , 2010.
BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, 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 1672750 ONTARIO INC. OPERATING AS SILVER
CITY BAR & GRILL, 780 DANFORTH AVENUE,
TORONTO
LICENCE NUMBER 800485
NOTICES OF PROPOSAL NUMVERS 17732 AND 18009
Agreed Statement of Facts
The Licence Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
On April 10, 2009 at approximately 3:29 a.m., liquor was still not cleared from the licensed premises. Liquor licence inspectors attempted to enter the licensed premises but were not allowed to do so until bottles and glasses were cleared from the premises.
Based on the facts in paragraph 1, the licence holder admits to violation of section 29 (fail to clear) of Ontario Regulation 719/90 under the Liquor Licence Act and subsection 45(2) (fail to facilitate) of the Liquor Licence Act.
On May 24, 2009 the licence holder failed to display in a place visible to the public a suspension placard.
Based on the facts in paragraph 3, the licence holder admits to a violation of subsection 55(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
On July 29, 2009 a fight involving patrons of the licensed premises occurred immediately outside the licensed premises.
Based on the facts in paragraph 5, the licence holder admits to a violation of section 45.1 of Ontario Regulation 719/90 under the Liquor Licence Act.
On July 30, 2009 a drunken patron was in the licensed premises.
Based on the facts in paragraph 7, the licence holder admits to a violation of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On October 3, 2009, liquor not purchased under the liquor licence was brought into the licensed premises.
Based on the facts in paragraph 9, the licence holder admits to a violation of subsection 33(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
On January 30, 2010, drunken patrons were in the licensed premises. A patron removed liquor from the licensed premises.
Based on the facts in paragraph 11, the licence holder admits to a violation of subsection 45(1) (permit drunkenness) and subsection 34(1) (remove liquor) both of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has a prior 14 day suspension in May-June, 2009 and a monetary penalty of $300.00 in November 2009.
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 fifty-five (55) day suspension of the liquor licence to be served starting at 11:00 am on Friday, January 14, 2011 until 2:00 am on Thursday, March 10, 2011.
Should the Board members make the findings as submitted and impose the disposition as recommended, then Registrar’s counsel will withdraw the remaining allegations in Notice of Proposal number 17732 dated December 9, 2009 and Notice of Proposal 18009 dated April 21, 2010. The registrar will also withdraw the Supplementary Notice of Proposal to Review Application for Licence for Additional Licensed Areas, number 18010. Further, as is the Registrar’s general practice, Registrar’s counsel will not have a position regarding the public interest objection to the application for additional areas as outlined in Notice of Proposal number 17766.
Dated at Toronto this 8th day of October, 2010
For the licence holder Richard E. Kulis
Amir Fazel per Pradeep Chand For the Registrar of Alcohol and Gaming
Counsel for the licence holder