Registrar, Alcohol and Gaming Commission of Ontario v. 2006546 Ontario Inc., 2010 CanLII 86040

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-

2006546 Ontario Inc. operating as Clinton’s

Licensee

DECISION

Panel: Patricia McQuaid, Vice-Chair, AGCO Bruce S. Miller, Board Member

Decision Date: December 31, 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 ) Aviva Harari, Representative 2006546 Ontario Inc., Licensee ) Jerry Levitan, Representative

[1]. A hearing into Notice of Proposal (“NOP”) number 18020 dated April 20, 2010 to suspend a licence and NOP number 18272 dated August 31, 2010 to suspend liquor licence number 809593 (the “licence”) issued to 2006546 Ontario Inc. (the “Licensee”), operating as CLINTON’S, 693 Bloor Street West, Toronto, Ontario, M6G 1L5, on the basis of alleged violations of subsection 45(1) 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 December 21, 2010 in the City of Toronto.

[2]. Ms Harari and Mr. Levitan 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:

1. On January 31, 2010, the licence holder obstructed a person carrying out an inspection. There were approximately 163 persons in an area licensed for 93 persons.
2. On February 6, 2010, there were approximately 105 persons in an area licensed for 93 persons, and approximately 95 persons in an area licensed for 87 persons.
3. On June 17, 2010, there were approximately 97 persons in an area licensed for 87 persons.

[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the LLA and section 43 of the O.Reg.

Order

[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 809593 (the “licence”) issued to 2006546 Ontario Inc. (the “Licensee”), operating as CLINTON’S, 693 Bloor Street West, Toronto, Ontario, M6G 1L5, be SUSPENDED for NINETEEN (19) consecutive days to COMMENCE at 11:00 a.m. on January 23, 2011 and CONTINUE until 2:00 a.m. on February 11, 2011.

DATED AT TORONTO THIS 31st DAY OF December , 2010.

PATRICIA MCQUAID, VICE-CHAIR, AGCO BRUCE S. MILLER, 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

2006546 ONTARIO INC.

OPERATING AS CLINTON’S

LICENCE NUMBER 809593

NOTICES OF PROPOSAL 18020 & 18272

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:

1. On January 31, 2010, the licence holder obstructed a person carrying out an inspection.
2. Further that, on January 31, 2010, there were approximately 163 persons in an area licensed for 93 persons.
3. Further that, on February 6, 2010, there were approximately 105 persons in an area licensed for 93 persons.
4. Further that, on February 6, 2010, there were approximately 95 persons in an area licensed for 87 persons.
5. Further that, on June 17, 2010, there were approximately 97 persons in an area licensed for 87 persons.
6. Based on the facts in paragraph 1, 2, 3, 4 and 5 the licence holder admits to violations of subsection 45(1) 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:

1. A nineteen (19) day suspension of the liquor licence to start at 11:00 a.m. on Sunday, January 23, 2011 and continue consecutively until 2:00 a.m. on Friday, February 11, 2011.
2. 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 21st day of December, 2010.

Roy Kim

For the Licence Holder

“I have the authority to bind the corporate licensee”

Aviva R. Harari Counsel for

the Registrar of Alcohol and Gaming