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-
1735478 Ontario Inc. operating as D.Y. Karaoke Licensee
DECISION
Panel: Jacqueline Castel, Board Member Decision Date: July 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 1735478 Ontario Inc., Licensee: Donna Pledge, Representative
1A teleconference hearing into Notice of Proposal number 18006 dated April 13, 2010 to suspend liquor licence number 813043 (the "licence") issued to 1735478 Ontario Inc. (the "Licensee") operating as D.Y. KARAOKE, 530 Dundas Street West, 2nd Floor, Toronto, Ontario, M5T 1H3 (the "premises"), on the basis of alleged violations of subsection 30.1(1) of the Liquor Licence Act (the "LLA") and subsections 16(1) and 45(1), and paragraph 50(d) of Ontario Regulation 719/90 (the "O.Reg") made pursuant to the LLA, was held on July 15, 2010 in the City of Toronto.
2Ms Khan and Ms Pledge submitted an Agreement (Exhibit #1) which forms part of this decision. It was agreed and admitted that:
a. On November 1, 2009, police attended the licensed premises in response to a call about people fighting in the establishment. Upon arrival, police observed blood on the floor and walls of the premises. Several patrons had been injured in the fight. As well, the police also observed numerous drunken patrons in the licensed premises. The floor and toilet in the men's washroom was covered in vomit.
3Based on the Agreement, the Board found the Licensee breached subsection 45(1) and paragraph 50(d) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
4Therefore, having considered the Agreement, the Board confirms its oral ORDER that liquor licence number 813043 issued to 1735478 Ontario Inc. operating as D.Y. KARAOKE, 530 Dundas Street West, 2nd Floor, Toronto, Ontario, M5T 1H3, be SUSPENDED for FOURTEEN (14) consecutive days to COMMENCE at 11:00 a.m. on August 5, 2010, and CONTINUE until 2:00 a.m. on August 19, 2010.
DATED AT TORONTO THIS 21st DAY OF July, 2010.
JACQUELINE CASTEL, 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 1735478 ONTARIO INC. OPERATING AS D.Y. KARAOKE, 530 DUNDAS STREET WEST, 2ND FLOOR, TORONTO LICENCE NUMBER 813043 NOTICE OF PROPOSAL NUMBER 18006
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 November 1, 2009, police attended the licensed premises in response to a call about people fighting in the establishment. Upon arrival, police observed blood on the floor and walls of the premises. Several patrons had been injured in the fight.
Further that, police also observed numerous drunken patrons in the licensed premises. The floor and toilet in the men's washroom was covered in vomit.
Based on the facts in paragraphs 1 and 2 the licence holder admits to violations of sections 45(1), and 50(d) of Ontario Regulation 719/90 under the Liquor Licence Act.
C. Agreement on Disposition
The Licence Holder and Registrar's Counsel agree to the imposition of the following disposition based on the Agreed Facts:
- A fourteen (14) days suspension of the liquor licence to start at 11:00 a.m. on Thursday, August 5, 2010 and continue consecutively until 2:00 a.m. on Thursday, August 19, 2010.
D. Consent to the Amendment of the Notice of Proposal 18006
Registrar's Counsel and the Licence Holder consent to the amendment of the aforementioned Notice of Proposal to cite only those matters in the Agreed Facts and Agreement on Disposition. All other allegations in the original Notice of Proposal number 18006, dated April 12, 2010, are withdrawn.
E. Request for Hearing
Based on this Agreement, the Licence Holder admits the violations, accepts the disposition cited in this Agreement, consents to the amendment of Notice of Proposal number 18006 and does not request a hearing in the matter of the aforementioned Notice of Proposal.
Dated in Toronto this 12 day of July, 2010.
Dun En Chen For the Licence Holder "I have authority to bind the corporate licensee"
Susan Majerovich Counsel for the Registrar of Alcohol and Gaming
The Deputy Registrar has reviewed the above noted Agreement and amends Notice of Proposal number 18006 to reflect this Agreement.
Tom Mungham Deputy Registrar of Alcohol and Gaming