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-
1331049 Ontario Ltd., Licensee operating as XO Music Studio
Licensee
DECISION
Panel: Eleanor Meslin, Board Member S. Grace Kerr, Board Member
Decision Date: October 29, 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 ) Rena Khan, Representative 1331049 Ontario Ltd., Licensee ) Dae Soo Kang, on his own ) behalf and on behalf of the ) Corporate Licensee
Allegations
A hearing into Notice of Proposal number 18045 dated May 6, 2010 to suspend liquor licence number 90086 (the “licence”) issued to 1331049 Ontario Ltd. (the “Licensee”), operating as XO Music Studio, 693 Bloor Street West, Toronto, Ontario, M6G 1L5 (the “premises”), on the basis of alleged violations of subsection 5(1) of the Liquor Licence Act (the “LLA”) and section 43, subsections 34(1) and 45(1) and paragraph 50(c) of Ontario Regulation 719/90 (the “O.Reg”) prescribed under the LLA was held by tele-conference on October 8, 2010 in the City of Toronto.
Dae Soo Kang is the sole officer, director and shareholder of the Licensee corporation. He appeared on behalf of the corporation and waived the right to be represented by a licensed representative. Mr. Can Zhong Ye, on behalf of the transfer Applicant for the Licence, was also present by tele-conference although he is not, and was not made, a party to the proceedings.
Ms Khan and Mr. Kang submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision.
Pursuant to the Agreed Statement of Facts, it was agreed and admitted that:
On January 31, 2010 and February 6, 2010, patrons were consuming liquor in unlicensed areas of the premises. Staff admitted to serving alcohol to patrons in unlicensed areas on both dates.
Further that, on January 31, 2010, there were 10 persons in an area licensed for 8 persons.
Further that, on February 6, 2010, an intoxicated patron was observed in the licensed premises.
Further that, on February 6, 2010, there were approximately 15 persons in an area licensed for 12 persons.
Further that, on February 6, 2010 the rear fire exit was blocked by beer cases and cleaning supplies.
Based on the facts in paragraphs 1, 2, 3, 4, and 5, the licence holder admits to violations of sections 43, 45(1), 50(c) and 34(1) of Ontario Regulation 719/90 under the Liquor Licence Act and subsection 5(1) of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
- Based on these agreed facts, the Board confirms its oral findings that the Licensee breached subsection 5(1) sections 43, subsections 34(1) and 45(1) and paragraph 50(c) of O.Reg 719/90 under the LLA. The Board also confirms its oral acceptance of 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 90086 issued to 1331049 Ontario Ltd., operating as XO MUSIC STUDIO, 693 Bloor Street West, Toronto, Ontario, M6G 1L5, be SUSPENDED for NINE (9) consecutive days to COMMENCE at 11:00 a.m. on November 15, 2010 and CONTINUE until 2:00 a.m. on November 24, 2010.
DATED AT TORONTO THIS 29 DAY OF October, 2010.
ELEANOR MESLIN, BOARD MEMBER S. GRACE KERR, 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 1331049 ONTARIO LTD., OPERATING AS XO MUSIC STUDIO LICENCE NO. 90086
AND IN THE MATTER OF A NOTICE OF PROPOSAL NUMBER 18045 ISSUED MAY 6, 2010
AGREED STATEMENT OF FACTS
The licensee, 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:
On January 31, 2010 and February 6, 2010, patrons were consuming liquor in unlicensed areas of the premises. Staff admitted to serving alcohol to patrons in unlicensed areas on both dates.
Further that, on January 31, 2010, there were 10 persons in an area licensed for 8 persons.
Further that, on February 6, 2010, an intoxicated patron was observed in the licensed premises.
Further that, on February 6, 2010, there were approximately 15 persons in an area licensed for 12 persons.
Further that, on February 6, 2010 the rear fire exit was blocked by beer cases and cleaning supplies.
Based on the facts in paragraphs 1,2,3,4, and 5, the licence holder admits to violations of sections 43, 45(1), 50(c) and 34(1) of Ontario Regulation 719/90 under the Liquor Licence Act and subsection 5(1) of the Liquor Licence Act.
The licensee has shown remorse and co-operated with the Commission.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel or having been advised of the right to counsel and having waived that right, and the Registrar jointly submit that the following disposition is appropriate in the circumstances as a matter of specific and general deterrence:
A nine (9) day suspension of the liquor licence to start at 11:00 a.m. on Monday, November 15, 2010 and continue consecutively until 2:00 a.m. on Wednesday, November 24, 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.
RESPECTFULLY SUBMITTED,
Dated in Toronto this 6th day of October, 2010.
Dae Soo Kang Can Zhong Ye
For the Licence Holder For the Transfer Applicant
Rena Khan, Counsel for The Registrar of Alcohol and Gaming