Registrar, Alcohol and Gaming Commission of Ontario v. 2088675 Ontario Inc., 2010 CanLII 9873

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-

2088675 Ontario Inc. operating as Zu Bar

Licensee

DECISION ON FINDINGS

Panel: Jacqueline Castel, Board Member Bruce S. Miller, Board Member

Decision Date: February 9, 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 2088675 Ontario Inc., Licensee ) Pradeep Chand, Representative

Authorities

1213963 Ontario Ltd. ( Sin City Bar and Eatery) v. Ontario (Alcohol and Gaming Commission), [2009] ONCA 323

Horseshoe Valley Resort Ltd. v. Registrar of the Alcohol and Gaming Commission of Ontario, 2005 CanLII 81108 (ON SCDC), 264 D.L.R. (4th) 686

1577107 Ontario Inc. (Place Bar & Grill) (Re), [2008], O.A.G.C.D. No. 405

Allegations

1. A hearing into Notice of Proposal number 16993 dated January 23, 2009 to suspend liquor licence number 200843 issued to 2088675 Ontario Inc. (the “Licensee”), operating as ZU BAR (the “establishment”), 4170 South Service Road, Burlington, Ontario, L7L 4X5, on the basis of an alleged violation of subsection 45(1) of Ontario Regulation 719/90 (“O.Reg”), made pursuant to the Liquor Licence Act (“LLA”), was held on January 21, 2010 in the City of Toronto.

Decision

2. After considering all the evidence and submissions the Board FINDS the Licensee violated subsection 45(1) of the O.Reg.

Preliminary Matters

3. Ms Taylor requested an order excluding witnesses. Mr. Chand consented and the Board ORDERED that all witnesses be excluded.

4. Mr. Chand requested that the Licensee, Mr. Demetrios Spirou, remain with him as Mr. Spirou would not be testifying. Mr. Spirou was allowed to remain on consent.

Registrar’s Evidence

5. Leah MacDougall has been an inspector with the Alcohol and Gaming Commission of Ontario (“AGCO”) since January 2008. She worked as an AGCO gaming registration officer from 2007 to 2008 and prior to that was an immigration officer from 2004 to 2006.

6. She attended the Zu Bar on September 26, 2008 with AGCO Inspector Amy Glenn, Ontario Provincial Police Sergeant (“Sgt.”) Sonya Seibert and Halton Regional Police Constable (“PC”) Chris Lee.

7. Inspector Glenn is currently on maternity leave.

8. She identified herself to the doorman as an inspector with the AGCO when she went to the Zu Bar on September 26, 2008 at 12:50 AM.

9. She went to the area of the dance floor and saw an Asian man seated in the bottle service area. The male was slumped back with his eyes closed as if he was sleeping. His head was leaning backwards.

10. As she got closer she noticed that the male was seated on top of a female.

11. The noise in the bar was very loud and it was hard to hear.

12. She went with Inspector Glenn to speak to the male. They had to touch him to wake him up. The male was very unsteady on his feet when he woke up.

13. He tried to walk and stumbled. He could not remain upright. Inspector Glenn had to balance the male as he kept falling over.

14. The male was overly sweaty. His shirt was soaked completely through. No one else in the premises appeared to be as sweaty.

15. Bar security staff members were still at the front door. She couldn’t recall if she saw any of the “roving” teams of security staff.

16. She and Inspector Glen escorted the male out through the front doors.

17. She believes that Emil Paloma, bar security, came with them. She didn’t