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-
Club Frequency Inc. operating as Frequency
Licensee
DECISION
Panel: Kirsti Hunt, Vice-Chair, AGCO Allan Higdon, Board Member
Decision Date: December 30, 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
Club Frequency Inc., Licensee ) Randall Barrs, Representative
[1]. A hearing into Amended Notice of Proposal (“NOP”) number 18475 dated December 29, 2010 to suspend liquor licence number 805634 (the “licence”) issued to Club Frequency Inc. (the “Licensee”), operating as FREQUENCY, 296 Richmond Street West, Toronto, Ontario, M5V 1X2, on the basis of alleged violations of sections 29 and 45.1 and subsections 45(1) and 45(2) of Ontario Regulation 719/90 (the “O.Reg.”) made pursuant to the Liquor Licence Act, was held on December 16, 2010 in the City of Toronto.
[2]. Ms Khan and Mr. Barrs submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision.
[3]. The agreement accepted by the Board at the hearing included incidents from NOP number 18169 dated June 25, 2010 which was before the Board and also a second NOP and a Letter of Incident (“LOI”) which the Board did not have. Registrar’s counsel undertook to provide those documents to the Board. Subsequently, an Amended NOP number 18475 dated December 29, 2010 as stated above was issued.
[4]. In paragraph 4 of the Agreed Statement of Facts, the time of the incident is missing as shown in the LOI dated November 16, 2010. The Board therefore amends paragraph 4 to read: “Further that, on August 15, 2010 at approximately 2:55 a.m. patrons were observed consuming alcohol in the licensed premises; the signs of service and consumption had not yet been cleared.” The Board also amends the Amended NOP to include the time for that particular date.
[5]. Furthermore, the Board amends paragraph 7 of the Agreed Statement of Facts by deleting subsection 30(4) of the Liquor Licence Act, section 25 and subsection 41(1) of the O.Reg which were typographical errors as confirmed by Ms Khan.
It was agreed and admitted that:
a. On January 22, 2010, a male patron was smoking marijuana in the licensed premises.
b. On March 20, 2010, an intoxicated male was found inside the licensed premises.
c. On June 12, 2010, patrons waiting in line to enter the establishment began fighting and security for the establishment did not take any action to deter the disorderly conduct.
d. On August 15, 2010, at approximately 2:55 a.m. patrons were observed consuming alcohol in the licensed premises; the signs of service and consumption had not yet been cleared.
e. On September 25, 2010, at approximately 2:54 a.m. the signs of sale and service of alcohol were observed in the licensed premises.
f. On October 31, 2010, an intoxicated male was found inside the premises.
[6]. Based on the Agreed Statement of Facts, the Board found the Licensee breached sections 29 and 45.1 and subsections 45(1) and 45(2) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
[7]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 805634 issued to Club Frequency Inc., operating as FREQUENCY, 296 Richmond Street West, Toronto, Ontario, M5V 1X2, be SUSPENDED for FORTY-FIVE (45) consecutive days to COMMENCE at 11:00 a.m. on Jan 3, 2011, and CONTINUE until 2:00 a.m. on February 17, 2011.
[8]. The Board also ORDERED that the following conditions be attached to the licence:
a. The holder of the licence shall submit a Safety and Security Plan and a Compliance Plan within thirty (30) days of the date of the settlement, to the Registrar of Alcohol and Gaming for review and approval that addresses the objectives for the Safety and Security Plan and Compliance Plan.
b. The holder of the licence shall consult with such governmental or other authorities as the Registrar of Alcohol and Gaming may specify prior to submitting the Safety and Security Plan and Compliance Plan to the Registrar for review and approval.
c. The Security and Safety Plan and Compliance Plan shall include measures to control lineups outside of the establishment, the number and location of security cameras inside and outside of the establishment and of the storage medium, staff roles, staff training and identification of minors and measures for searching patrons entering the establishment for controlled substances.
d. The holder of the licence shall comply with the Compliance Plan and Safety and Security Plan approved by the Registrar of Alcohol and Gaming.
e. The Licensee shall request identification from any patron who appears to be under the age of 25-years-old.
f. The Licensee shall conduct pat downs and wanding of all patrons upon entry or re-entry of the establishment.
g. In addition to any requirement under the Compliance Plan and Safety and Security Plan, the Licensee shall install, maintain and operate cameras at every exit and entrance of the establishment. The discs shall be maintained for thirty (30) days and made available to police and AGCO enforcement personnel immediately upon request.
h. The Licensee’s staff shall meet with AGCO enforcement personnel to participate in a training session as required by AGCO personnel.
DATED AT TORONTO THIS 30^th^ DAY OF December , 2010.
KIRSTI HUNT, VICE-CHAIR, AGCO 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);
AND IN THE MATTER OF THE LIQUOR LICENCE OF CLUB FREQUENCY OPERATING AS FREQUENCY
LICENCE NO. 805634
AGREED STATEMENT OF FACTS
The Licensee after consultation with counsel and the Registrar, agree to the following facts:
On January 22, 2010 a male patron was smoking marijuana in the licensed premises.
Further that, on March 20, 2010 an intoxicated male was found inside the licensed premises.
Further that, on June 12, 2010 patrons waiting in line to enter the establishment began fighting and security for the establishment did not take any action to deter the disorderly conduct.
Further that, on August 15, 2010 patrons were observed consuming alcohol in the licensed premises; the signs of service and consumption had not yet been cleared.
Further that, on September 25, 2010 at approximately 2:54 a.m. the signs of sale and service of alcohol were observed in the licensed premises.
Further that, on October 31, 2010 an intoxicated male was found inside of the premises.
Based on paragraphs 1 through 6 above, the Licensee breached s. 45(1), 45.1, 45(2), 29, 25, 41(1) of Ontario Regulation 719/90 and subsection 30(4) of the Liquor Licence Act.
The Licensee has shown remorse and co-operated with the Commission.
JOINT SUBMISSION ON DISPOSITION
The Licensee, after consultation with counsel 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. 805634 for a period of 45 days commencing at 11:00 a.m. on January 3, 2011 and ending at 2:00 a.m. on February 17, 2011.
The following conditions shall be added to the licence:
The holder of the licence shall submit a Safety and Security Plan and a Compliance Plan within thirty (30) days of the date of the settlement, to the Registrar of Alcohol and Gaming for review and approval that addresses the objectives for the Safety and Security Plan and Compliance Plan.
The holder of the licence shall consult with such governmental or other authorities as the Registrar of Alcohol and Gaming may specify prior to submitting the Safety and Security Plan and Compliance Plan to the Registrar for review and approval.
The Security and Safety Plan and Compliance Plan shall include measures to control lineups outside of the establishment, the number and location of security cameras inside and outside of the establishment and of the storage medium, staff roles, staff training and identification of minors and measures for searching patrons entering the establishment for controlled substances.
The holder of the licence shall comply with the Compliance Plan and Safety and Security Plan approved by the Registrar of Alcohol and Gaming.
The Licensee shall request identification from any patron who appears to be under the age of 25 years.
The Licensee shall conduct pat downs and wanding of all patrons upon entry or re-entry of the establishment.
In addition to any requirement under the Compliance Plan and Safety and Security Plan, the Licensee shall install, maintain and operate cameras at every exit and entrance of the establishment. The discs shall be maintained for thirty (30) days and made available to police and AGCO enforcement personnel immediately upon request.
The Licensee’s staff shall meet with AGCO enforcement personnel to participate in a training session as required by AGCO personnel.
- The Board having accepted the Agreed Statement of Facts and the Joint Submission on Disposition, the Registrar withdraws all remaining allegations.
DATED AT TORONTO THIS 16^TH^ DAY OF DECEMBER, 2010
RESPECTFULLY SUBMITTED,
For Rena Khan
Licensee Registrar’s Counsel