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-
MIXTWO KTV Inc. operating as Mix2 KTV & Billiards
Licensee
DECISION
Panel: Jacqueline Castel, Board Member Beryl Ford, Board Member
Decision Date: January 28, 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 ) Joyce Taylor, Representative MIXTWO KTV Inc., Licensee ) John J. S. Park, Representative
A hearing into Notice of Proposal number 17543 dated September 21, 2009 to suspend liquor license number 810006 (the “licence”), issued to MIXTWO KTV Inc. (the “Licensee”), operating as MIX2 KTV & BILLIARDS, 1661 Dennison Street, Unit 3, Markham, Ontario, L3R 6E3, on the basis of an alleged violation of subsection 45(1) Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the Liquor Licence Act (the “LLA”), was held on January 5, 2010 in the City of Toronto.
Ms Taylor and Mr. Park 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:
On March 1, 2009 liquor inspectors and police officers visited the licensed establishment and found that the licensee had permitted two drunken patrons to be in the establishment.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O. Reg.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 810006, issued to MIXTWO KTV Inc., operating as MIX2 KTV & BILLIARDS, 1661 Denison Street, Unit 3, Markham, Ontario, L3R 6E3, be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on February 16, 2010, and CONTINUE until 2:00 a.m. on February 26, 2010.
DATED AT TORONTO THIS 28th DAY OF January , 2010.
JACQUELINE CASTEL, BOARD MEMBER BERYL FORD, 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
MIXTWO KTV INC. OPERATING AS MIX2 KTV & BILLIARDS
1661 DENISON ST., UNIT 3, MARKHAM
LICENCE NO. 810006
NOTICE OF PROPOSAL 17543
AGREED STATEMENT OF FACTS
The Licensee who has been advised by counsel and Registrar’s counsel agree to the following facts in relation to the Notice of Proposal to Suspend a Licence dated September 21, 2009:
On March 1, 2009 liquor inspectors and police officers visited the licensed establishment and found that the licensee had permitted two drunken patrons to be in the establishment.
Based on the above-mentioned facts, the Licensee admits to breaching section 45(1) of O. Reg. 719/90, by permitting drunkenness.
2
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee was previously suspended for seven (6) days in 2007 for breaching section 45(1) (permitting drunkenness) of Ontario Revised Regulation 719/90, and for five (5) days in 2009 for breaching section 30(4) (permitting a minor to have liquor) of the Liquor Licence Act,
The Licensee who has been advised by counsel and Registrar’s counsel jointly submit that the following disposition is appropriate in the circumstances:
- There shall be a ten (10) day suspension of liquor licence 810006 to be served on dates to be provided in writing to the Manager of the Hearings Section of the Alcohol and Gaming Commission within seven (7) days of today’s date, failing which the board shall set the dates without further consultation with the Licensee.
The suspension cannot commence for at least twenty (20) days following notification and must be completed within ninety (90) days of today’s date.
- Should the Board make the findings set out in the Agreed Statement of Facts and Order the disposition as set out above, the Registrar shall withdraw all remaining Allegations set out in Notice of Proposal number 17543.
Respectfully submitted this 13th day of January, 2010.
MIXTWO KTV INC.
John J. S. Park Joyce A. Taylor
Counsel for the Licensee Counsel for the Registrar
“I have authority to bind the Corporation.”