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-
Rok Bar Hamilton Inc. operating as Rok Bar Hamilton
Licensee
DECISION
Panel: David C. Gavsie, Chair, AGCO Eleanor Meslin, Board Member
Decision Date: January 19, 2011
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 Rok Bar Hamilton Inc., Licensee ) John Kranjc, Representative
1A hearing into Notice of Proposal number 18280 dated September 3, 2010 to suspend liquor licence number 201113 (the "licence") issued to Rok Bar Hamilton Inc. (the "Licensee"), operating as ROK BAR HAMILTON, 15 Hess Street South, Hamilton, Ontario, L8P 3M7, on the basis of alleged violations of section 43 of Ontario Regulation 719/90 (the "O.Reg") and subsection 45(1) of the O.Reg made pursuant to the LLA was held on January 10, 2011 in the City of Hamilton.
2Ms Khan and Mr. Kranjc 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 February 20, 2010 on the main floor (west centre and east section) there were 234 persons in an area licensed for 146 persons.
- On May 22, 2010 on the main floor (west centre and east section) there were 167 persons in an area licensed for 146 persons.
3Based on the Agreed Statement of Facts, the Board found the Licensee breached section 43 of the O.Reg. The Board accepted the withdrawal of the remaining allegation.
Order
4Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that liquor licence number 201113 (the "licence") issued to Rok Bar Hamilton Inc. (the "Licensee") operating as ROK BAR HAMILTON, 15 Hess Street South, Hamilton, Ontario, L8P 3M7, be SUSPENDED for NINE (9) consecutive days to COMMENCE at 11:00 a.m. on March 7, 2011 and CONTINUE until 2:00 a.m. on March 16, 2011.
DATED AT TORONTO THIS 19 DAY OF JANUARY , 2011.
DAVID C. GAVSIE, CHAIR, AGCO ELEANOR MESLIN, 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 ROK BAR HAMILTON INC. OPERATING AS ROK BAR HAMILTON LICENCE NUMBER 201113
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar's counsel agree to the following:
- On February 20, 2010 on the main floor (west centre and east section) there were 234 persons in an area licensed for 146 persons.
- On May 22, 2010 on the main floor (west centre and east section) there were 167 persons in an area licensed for 146 persons.
- Based on the facts in paragraphs 1& 2, the licence holder admits to a violation of section 43 of O.Reg 719/90 under the LLA.
JOINT SUBMISSION ON DISPOSITION
The Licence Holder, having consulted with legal counsel, and the Registrar's counsel submit that the following disposition is appropriate in these circumstances:
- A NINE (9) day suspension of the liquor licence to be served starting 11:00 a.m. on March 7, 2011 and continue consecutively until 2:00 a.m. on March 16, 2011.
- Should the Board make the findings as submitted and impose the disposition as recommended, then Registrar's counsel will withdraw the remaining allegations in Notice of Proposal number 18280 dated September 3, 2010.
Dated at Toronto this 10th day of January, 2011.
For the licence holder Rena Khan For the Registrar of Alcohol and Gaming