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-
1755413 Ontario Inc. operating as Noah’s Ark Tavern
Licensee
DECISION
Panel: Eleanor Meslin, Board Member
Decision Date: September 16, 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 ) Bryna Kaplan, Representative
Preliminary Matters
Mr. Chand, the Licensee’s representative did not appear at the hearing. Ms Kaplan, the Registrar’s representative explained that since she and Mr.Chand had reached and signed an agreement the previous day, he did not think he needed to attend the hearing.
A hearing into Notice of Proposal number 18065 dated May 17, 2010 to suspend liquor licence number 92164 (the “licence”) issued to 1755413 Ontario Inc. (the “Licensee”) operating as NOAH’S ARK TAVERN, 2777 Danforth Avenue, Toronto, Ontario, M4C 1L9, on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”) and section 45.1 and subsections 34(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on September 7, 2010 in the City of Toronto.
Ms Kaplan submitted an Agreement (Exhibit #1) for the Registrar and for Mr.Chand, who was not present, which forms part of this decision. It was agreed and admitted that:
On September 5th, 2009, a male patron was intoxicated in the premises. He was in possession of two full pints of beer.
On November 7th, 2009, a fight broke out inside the premises and continued outside. One male patron was injured. Two patrons were intoxicated. One of these patrons had participated in the fight and one was in possession of alcohol. Numerous patrons exited the establishment with alcohol.
On November 30th, 2009, a male patron was intoxicated in the premises.
Based on the Agreement, the Board found the Licensee breached section 29 of the LLA, and section 45.1 and subsections 34(1) and 45(1) of the O.Reg.
Order
- Therefore, having considered the Agreement, the Board confirms its oral ORDER that liquor licence number 92164 issued to 1755413 Ontario Inc. operating as NOAH’S ARK TAVERN, 2777 Danforth Avenue, Toronto, Ontario, M4C 1L9, be SUSPENDED for NINE (9) consecutive days to COMMENCE at 11:00 a.m. on February 7, 2011, and CONTINUE until 2:00 a.m. on February 16, 2011.
DATED AT TORONTO THIS 16 DAY OF September , 2010.
ELEANOR MESLIN, 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 1755413 ONTARIO INC. OPERATING AS NOAH’S ARK TAVERN, 2777 DANFORTH AVE, TORONTO, ONTARIO, M4C 1L9
LICENCE NUMBER 92164
NOTICE OF PROPOSAL NUMBER 18065
AGREEMENT
A. Independent Legal Advice
The Licence Holder acknowledges that the Licence Holder has consulted with legal counsel and has obtained independent legal advice prior to entering into this Agreement.
B. Agreed Facts
The Licence Holder and Registrar’s Counsel agree to the following:
- On September 5th, 2009, a male patron was intoxicated in the premises. He was in possession of two full pints of beer.
On November 7th, 2009, a fight broke out inside the premises and continued outside. One male patron was injured. Two patrons were intoxicated. One of these patrons had participated in the fight and one was in possession of alcohol. Numerous patrons exited the establishment with alcohol.
On November 30th, 2009, a male patron was intoxicated in the premises.
- Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act, section 29 of the Liquor Licence Act, section 45.1 of Ontario Regulation 719/90 under the Liquor Licence Act, subsection 34(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
C. Joint Submission Regarding Disciplinary Action
The Licence Holder and Registrar’s Counsel submit that the following disposition will be imposed based on the Agreed Facts:
- A nine (9) day suspension of the liquor licence to start at 11:00 a.m. on February 7, 2011 and continue consecutively until 2 a.m. on Febrary 16, 2011.
D. Consent to Amendment of Notice of Proposal Number 18065
Registrar’s Counsel proposes and the Licence Holder consents to the amendment of the aforementioned Notice of Proposal to cite only those matters in the Agreed Facts and the Joint Submission Regarding Disciplinary Action. All other allegations in the original Notice of Proposal number 18065 dated May 17, 2010 are withdrawn.
E. Request for Hearing
Based on this agreement the Licence Holder does not request a hearing and admits the violations and accepts the disciplinary action cited in this Agreement and amendment to Notice of Proposal number 18065.
Dated in Toronto this 2nd day of September, 2010.
Johnny (Yanni) Ioannis Prassoulis Sandra Lucas
For the licence holder for the Registrar, AGCO
The Deputy Registrar has reviewed the above noted Agreement and amends Notice of Proposal number 18065 to reflect this Agreement.
Tom Mungham
Deputy Registrar of Alcohol and Gaming
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel has declined that right and agreed to proceed without legal counsel, and the Register’s representative submit that the following disposition is appropriate in these circumstances:
Respectfully submitted this day of 2010.
Name Name
“I have authority to bind Counsel for the Registrar
the Corporation.”