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-
Bestsusie Inc., operating as Annie’s Bar & Grill
Licensee
DECISION
Panel: Allan Higdon, Board Member Jacqueline Castel, Board Member
Decision Date: September 21, 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
Bestsusie Inc., Licensee ) Jerry Levitan, Representative
Preliminary Matters
A hearing into Notice of Proposal number 17793 dated January 14, 2010 to suspend liquor licence number 91798 (the “licence”) issued to Bestsusie Inc. (the “Licensee”), operating as ANNIE’S BAR & GRILL, 372 Queen Street East, Toronto, Ontario, M5A 1T1
on the basis of alleged violations to subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”) under the Liquor Licence Act (the “LLA”), was held on September 14, 2010 in the City of Toronto.
Ms Khan and Mr. Levitan submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which forms part of this decision. It was agreed and admitted that:
- On September 25, 2009, a female patron was intoxicated in the premises.
Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45 (1) of the O.Reg under the LLA. The Board accepted the withdrawal of the remaining allegation.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 91798 issued to Bestsusie Inc., operating as ANNIE’S BAR & GRILL, 372 Queen Street East, Toronto, Ontario, M5A 1T1 be SUSPENDED for FIVE (5) consecutive days to COMMENCE at 11:00 a.m. on November 8, 2010, and CONTINUE until 2:00 a.m. on November 13, 2010.
DATED AT TORONTO THIS 21 DAY OF September , 2010.
JACQUELINE CASTEL, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, C.L.19, S. 15(1) AND 21(1);
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 BESTSUSIE INC. OPERATING AS
ANNIE’S BAR AND GRILL
LICENCE NUMBER 91798
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:
The Licence Holder and Registrar’s Counsel agree to the following:
On September 25, 2009, a female patron was intoxicated in the premises.
Based on the facts in the above paragraph, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has shown remorse and taken measures to ensure these infractions do not recur in the future.
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:
The Board shall suspend licence no. 91798 for a period of five (5) days commencing at 11:00 a.m. on Monday November 8, 2010 and continue consecutively until 2:00 a.m. on Saturday November 13, 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.
DATED AT TORONTO THIS 14TH DAY OF SEPTEMBER, 2010.
RESPECTFULLY SUBMITTED,
For Licensee Rena Khan
Congrong Liu Registrar’s Counsel