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-
7080565 Ontario Inc., operating as Angie’s Restaurant
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: December 20, 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
7080565 Ontario Inc., Licensee ) Adam Vassos, Representative
A teleconference hearing into Notice of Proposal (NOP) number 18141 dated June 14, 2010 to suspend a licence and NOP number 18182 dated June 30, 2010 to suspend liquor licence number 800177 (the “licence”) issued to 7080565 Ontario Inc. (the “Licensee”), operating as ANGIE’S RESTAURANT, 2647 Eglinton Avenue East, Scarborough, Ontario, M1K 2S2, on the basis of alleged violations of subsections 45(1) and 45(2) of the Liquor Licence Act (the “LLA”) and section 43 of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 22, 2010 in the City of Toronto.
Ms Khan and Mr. Vassos 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:
a. On March 2, 2010, the licence holder obstructed a person carrying out an inspection. Further, the licence holder failed to facilitate an inspection relevant to the licence.
b. On February 6, 2010, there were approximately 45 persons in an area licensed for 30 persons.
- Based on the Agreed Statement of Facts, the Board found that the Licensee breached subsections 45(1) and 45(2) of the LLA and section 43 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 800177 issued to 7080565 Ontario Inc., operating as ANGIE’S RESTAURANT, 2647 Eglinton Avenue East, Scarborough, Ontario, M1K 2S2, be SUSPENDED for TWELVE (12) consecutive days to COMMENCE at 11:00 a.m. on January 4, 2011, and CONTINUE until 2:00 a.m. on January 16, 2011.
DATED AT TORONTO THIS 20th DAY OF December , 2010.
PATRICIA MCQUAID, VICE-CHAIR, AGCO
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
7080565 ONTARIO INC.
OPERATING AS ANGIE’S RESTAURANT,
LICENCE NUMBER 800177
NOTICES OF PROPOSAL NUMBER 18141 & 18182
AGREED STATEMENT OF FACTS
The Licensee, after consultation with counsel or having been 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 March 2, 2010 the licence holder obstructed a person carrying out an inspection.
Further that, on March 2, 2010 the licence holder failed to facilitate an inspection relevant to the licence.
Further that, on February 6, 2010, there were approximately 45 persons in an area licensed for 30 persons.
Based on the facts in paragraphs 1, 2, and 3 the licence holder admits to violations of section 45(1) and 45(2) of the Liquor Licence Act and to section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder and Registrar’s Counsel agree to the imposition of the following disposition based on the Agreed Facts:
A twelve (12) day suspension of the liquor licence to start at 11 a.m. on January 4, 2011 and continue consecutively until 2:00 a.m. on January 16, 2011.
The Board having accepted the Agreed Statement of Facts and Joint Submissions on Disposition, the Registrar withdraws all remaining allegations in the Notices of Proposal.
Dated this 3rd day of November, 2010
Roderick O’Niel Jeffrey
For the Licence Holder
“I have the authority to bind the corporate licensee”
Rena Khan Counsel for
the Registrar of Alcohol and Gaming