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-
1744671 Ontario Ltd. operating as Tropical Sunset
Licensee
DECISION
Panel: David C. Gavsie, Chair Brian J. Ford, Board Member
Decision Date: January 25, 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 ) Phillip Morris, Representative 1744671 Ontario Ltd., Licensee ) Louis Rajnauth, Representative
Allegations
[1]. A hearing into Notice of Proposal number 17493 dated August 25, 2009 to suspend liquor license number 801840 (the “licence”), issued to 1744671 Ontario Ltd. (the “Licensee”), operating as TROPICAL SUNSET, 1957 Kennedy Road, Building “D”, Scarborough, Ontario, M1P 2L9, on the basis of an alleged violation of subsection 45(2) of Ontario Regulation 719/90 (the “O. Reg”) made pursuant to the Liquor Licence Act, was held on January 8, 2010 in the City of Toronto.
[2]. Mr. Morris and Mr. Rajnauth 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 May 17, 2009 numerous patrons were observed by AGCO inspectors smoking marijuana in the licensed premises. There was a very strong smell of marijuana in the licensed premises.
[3]. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(2) of the O. Reg.
Order
[4]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 801840, issued to 1744671 ONTARIO LTD., operating as TROPICAL SUNSET, 1957 Kennedy Road, Building “D”, Scarborough, Ontario, M1P 2L9, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on February 28, 2010, and CONTINUE until 2:00 a.m. on March 21, 2010.
DATED AT TORONTO THIS 25th DAY OF January , 2010.
DAVID C. GAVSIE, Chair BRIAN J. 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 1744671 ONTARIO LTD. OPERATING AS TROPICAL SUNSET, 1957 KENNEDY ROAD, BUILDING “D”, SCARBOROUGH LICENCE NO. 801840
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED AUGUST 25, 2009
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel, and the Registrar agree to the following facts:
On May 17, 2009, numerous patrons were observed by AGCO inspectors smoking marijuana in the licensed premises. There was a very strong smell of marijuana in the licensed premises.
Based on paragraph 1, the licensee breached s. 45(2) of Ont. Reg. 719/90.
The licensee has shown remorse and co-operated with the Commission.
The licensee was previously suspended for 7 days in 2009, in part for the same breach.
…/2
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel, and the Register jointly submit that the following disposition is appropriate in these circumstances as a matter of specific and general deterrence:
- The Board shall suspend licence no. 801840 for a period of 21 days.
DATED AT TORONTO THIS 7TH DAY OF JANUARY, 2010.
RESPECTFULLY SUBMITTED,
Jean-Ardy Jean Francois Phillip Morris
for Registrar’s Counsel
licensee