ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
2168561 Ontario Inc. operating as Music Box 8 Licensee
ORDER
Panel: Patricia McQuaid, Vice-Chair, AGCO Bruce S. Miller, Board Member
Decision Date: November 10, 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 2168561 Ontario Ltd., Licensee ) Jerry Levitan, Representative
Allegations
1A hearing into Amended Notice of Proposal (“NOP”) number 18371 dated October 28, 2010 to revoke a liquor licence and an Order dated October 25, 2010 to immediately suspend on an interim basis liquor licence number 203446 (the “Licence”), issued to 2168561 Ontario Inc. (the “Licensee”), operating as MUSIC BOX 8, 3477 Kennedy Road, Scarborough, Ontario, M1V 3Z7, on the basis of alleged violations of section 6 and subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and sections 29 and 45.2, and subsections 17(2), 20(1), 25(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”), made pursuant to the LLA, commenced on November 3, 2010 and continued on November 5, 2010 in the City of Toronto.
Order
2The Registrar ordered on October 25, 2010 that an Interim Suspension be placed on the Licence in the interest of public safety, subject to an Order of the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”).
3The hearing commenced on November 3, 2010 and by oral order on that date, confirmed by written order dated November 4, 2010, the interim suspension was to remain in effect until the next hearing date.
4The hearing re-convened on November 5, 2010.
5The Board, having considered the evidence heard to date, the exhibits filed and the submissions of Mr. Kulis and Mr. Levitan on November 5, 2010, confirms its oral ORDER that the Interim Suspension Order dated October 25, 2010 placed on liquor licence number 203446, issued to 2168561 Ontario Inc., operating as MUSIC BOX 8, 3477 Kennedy Road, Scarborough, Ontario, M1V 3Z7, be RESCINDED on the conditions set out below. Reasons follow.
Reasons
6In reaching this decision, the Board emphasizes that a final determination cannot and will not be made until all the evidence and submissions are heard by the Board. Until that final determination is made, the Board must be satisfied, weighing the potential prejudice to the Licensee in continuing the suspension, that the public interest and safety is not compromised.
7Therefore, the Board ORDERS that the Interim Suspension Order is hereby rescinded, subject to the following conditions:
a. All staff (which includes bartenders, serving staff and managers) must be identifiable at all times;
b. All staff shall have a current and valid Smart Serve certificate;
c. The security camera (video surveillance) system must be in good working order with the location of each camera identified on a diagram of the licensed premises which is to be provided to the AGCO licensing and registration branch;
d. Video surveillance tapes must be retained for a minimum of thirty (30) days;
e. Video surveillance tapes must be made available, immediately upon request, to police and/or AGCO inspectors;
f. A staff person trained in retrieval of information from the video surveillance system is to be available, on site, during the hours of operation of the Licensee;
g. Signage stating that the premises are monitored by security cameras shall be prominently displayed in the licensed premises, including but not limited to, the entrance area, bar and reception areas and in each of the karaoke rooms. Signs shall be posted in both the English and Chinese languages;
h. Two licensed security guards shall be employed during hours of operation, one to be positioned at the main entrance and one inside the licensed premises;
i. Staff shall conduct regular checks of the karaoke rooms at intervals no less frequent than every 30 minutes;
j. The interior of the karaoke rooms shall be visible from the hallways and shall be lit;
k. A revised Compliance Plan must be approved by the Registrar of the AGCO prior to re-opening the premises;
l. The Licensee shall maintain a training log which will include copies of staff’s Smart Serve certificates, the revised Compliance Plan as approved, and the Safety Plan. The plans shall be reviewed by each staff person and manager and each person shall sign documentation indicating they have reviewed and understand the plans, which record shall also be maintained in the training log;
m. An approved manager shall be present in the licensed premises during all hours of operation;
n. An additional manager is to be hired by the Licensee, and approved by the Registrar; and
o. Prior to re-opening the licensed establishment, an inspection by an AGCO inspector of the licensed premises must occur to ensure compliance with the conditions set out in this Order.
8These conditions shall remain on the license until final disposition of this matter or until the Board orders otherwise.
DATED AT TORONTO THIS 10th DAY OF November , 2010
PATRICIA MCQUAID, VICE-CHAIR, AGCO BRUCE S. MILLER, BOARD MEMBER